Greater Taree Local Environmental Plan 1995

General provisions

1 Name of plan

This plan is named Greater Taree Local Environmental Plan 1995.

2 Where the plan applies

This plan applies to all the land within the City as shown on the map, except land shown marked “Deferred” on the map (being land that is excluded from the application of this plan under section 68 (5) of the Act).

3 How the plan affects other plans

(1)  This plan:

(a)  repeals Manning Local Environmental Plan No 1 to the extent that it applies to the land to which this plan applies, and

(b)  repeals Greater Taree Local Environmental Plans Nos 3, 43 and 55 to the extent that they apply to the land to which this plan applies, and

(c)  repeals such other deemed environmental planning instruments or local environmental plans which, immediately before the appointed date, applied to the land to which this plan applies, but to the extent only to which those instruments or plans so applied to that land, and

(d)  amends Hunter Regional Plan 1989 (Heritage) in the manner set out in subclause (2).

(2)  Hunter Regional Plan 1989 (Heritage) is amended:

(a)  by omitting from clause 3 (1) the word “subclause” and by inserting instead the matter “subclauses (1A) and”,

(b)  by inserting after clause 3 (1) the following subclause:

  

(1A)  This plan does not apply to the land to which Greater Taree Local Environmental Plan 1995 applies.

(c)  by omitting from Schedules 2, 3, 4 and 5 any item or conservation area listed under the heading “Taree” and by omitting that heading wherever occurring.

4 Definitions

(1)  In this plan:

abattoir means a building or place used for the slaughter of animals whether or not animal by-products are processed, manufactured or distributed.

activity centre means a centre providing facilities for community activities, whether or not for public or private purposes, and which may include business premises, child care centres, convenience stores, dwellings, education establishments, entertainment facilities, hotels, offices, refreshment rooms or service stations.

advertisement means the use of a building or place for the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, and which may involve the erection of a structure, or the carrying out of a work.

agriculture means cultivating fruit, vegetable, flowers or other crops, or keeping or breeding livestock, bees or poultry, or cultivating plants in a wholesale plant nursery, for commercial purposes, but does not include an activity or use defined elsewhere in this clause.

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 exterior of the item, building or work, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the exterior, not including any maintenance necessary for its ongoing protective care, which does not adversely affect its heritage significance.

animal establishment means a building or place used for the commercial breeding, boarding, training, keeping or caring of animals other than livestock.

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

aquaculture means cultivating (including propagating and rearing) the living resources of the sea or inland waters, which may involve a farm established for that purpose using an artificially created body of water.

archaeological site means a site identified on the map as an archaeological site, and includes a site which the Council considers to have potential archaeological significance.

arterial road means a road shown as an arterial road on the map.

assisted accommodation means a building or place, not being a group home (as defined by the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006), used for the purposes of temporary or permanent accommodation:

(a)  for socially disadvantaged people and incorporating facilities for their rehabilitation or relief, or

(b)  for incurable or convalescing persons.

attic means any habitable space, but not a separate dwelling, contained wholly within a roof, where the pitch of the roof creating the space does not exceed 36 degrees (except for minor elements such as dormer windows and the like).

boarding house means a building or place:

(a)  where accommodation, meals and laundry facilities are provided to residents of the boarding house, and

(b)  which is not licensed to sell liquor within the meaning of the Liquor Act 1982.

bulky goods sales room or showroom means a building or place used for the retail sale or auction, or the hire or display of goods or materials which are of a size, shape or weight requiring:

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

(b)  direct vehicular access to the site by the public, for loading items into their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs or clothing.

bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floral characteristics of the natural vegetation.

business premises means a building or place in which an occupation, profession, light industry or trade is carried out, which provides a service directly and regularly to the public, but does not include a building or place defined elsewhere in this clause.

camp or caravan site means a site used for the purpose of:

(a)  placing moveable dwellings (as defined under the Local Government Act 1993) for permanent accommodation or temporary accommodation for tourists, or

(b)  the erection, assembly or placement of cabins for temporary accommodation for tourists.

car park means all or part of a building or place used for parking vehicles, together with manoeuvring and access space, which may be operated for gain.

child care centre means a building or place used for the supervision of or caring for children, and which:

(a)  caters for 5 or more pre-school age children whether or not those children are related to the owner or operator of the child care centre,

(b)  may include an educational function, and

(c)  may be operated for gain,

but does not include a building or place providing residential care for those children.

City means the City of Greater Taree.

classified road has the same meaning as in the Roads Act 1993.

cluster housing means the erection of more than two dwellings or duplex dwellings, or both, on a single allotment of land where the occupants of each dwelling share communal open space whether or not they also share other facilities.

commercial sign means an advertisement (whether illuminated or not) which is not larger than 0.7 square metres and which, in respect of any building or place to which it is fixed, indicates only:

(a)  an identification or description of that building or place, or of a person residing or carrying on an occupation at that building or place, or of that occupation,

(b)  a direction or caution relating to that building or place or occupation referred to in paragraph (a),

(c)  notifications required or permitted to be made by any Act,

(d)  particulars of goods or services dealt with or provided at that building or place,

(e)  particulars of an activity held or to be held at that building or place, or

(f)  a reference to an affiliation with a trade, professional or other association relevant to a business carried on at that building or place.

communications facility means a building, structure, work or place used primarily for the purposes of transmitting or receiving signals for purposes of communication, which may include radio masts, towers or satellite discs.

community facility means a building or place operated by a public authority or by a corporation which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place defined elsewhere in this clause.

conservation plan means a document establishing the heritage significance of a heritage item or a heritage conservation area and identifying the conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

conjoint dwelling means a dwelling used in conjunction with development permissible in a particular zone and situated on the same land as the development.

conjoint shop means a shop associated with an adjoining building used for an industry and in which only goods manufactured, produced or assembled in that building are displayed or offered for retail sale.

convenience store means a shop having a retail floor area not greater than 240 square metres, which:

(a)  sells a variety of goods, including foodstuffs, personal care products, household cleaning products and small items of hardware,

(b)  may also sell petrol, oil and petroleum products (whether or not other goods are also sold), and

(c)  may hire out other goods.

Council means Greater Taree City Council.

demolition of a heritage item, or of a building or work in a heritage conservation area, means the damaging, defacing, destroying or dismantling of the item or the building or work, in whole or in part.

depot means a building or place used for the storage (but not the sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the depot, but does not include a building or place defined elsewhere in this clause.

dual occupancy means development consisting of 2 dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development).

duplex dwelling means the development of 2 attached dwellings on one allotment of land.

dwelling means a room or number of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile, but does not include a holiday cabin.

education establishment means a building or place used for education, and includes:

(a)  a school,

(b)  a tertiary institution, being a university, college of advanced education, teachers college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and

(c)  an art gallery or museum, not used to sell the items displayed in it,

which may provide accommodation for staff and students, and whether or not operated for gain.

entertainment facility means a building or place used for sport, entertainment, exhibitions or displays, and includes theatres, cinemas, music halls, concert halls, open air theatres and drive-in theatres.

exhibition home means a building not used for residential purposes, constructed as a dwelling, and on display to the public for promotional purposes.

existing ground level means the actual level of a site at any one point:

(a)  in the case of a site where no previous development has taken place, in its undisturbed state, or

(b)  in the case of a site on which development has taken place previously, at the level of the ground outside the development, before any demolition, excavation work or construction has taken place.

extractive industry means:

(a)  development involving the winning or removal of extractive material from the land, or

(b)  an industry or undertaking (other than a mine) which depends for its operation on the winning or removal of extractive material from the land on which it is carried on.

extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances, but does not include coal, petroleum or any mineral within the meaning of the Mining Act 1992.

flood liable land means land which, in the opinion of the Council, would be inundated as a result of a standard flood.

flood storage means that part of the floodplain which the Council considers is necessary for the temporary storage of floodwaters during a flood.

floodway means an area where, in the opinion of the Council, a significant volume of water flows during a flood.

floor means that space within a building between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.

floor space ratio means the ratio of the gross floor area of all buildings on a site area to the site area.

forestry includes arboriculture, silviculture or the removal of trees and shrubs for:

(a)  afforestation, forest protection and cutting, dressing and preparing, (otherwise than in a sawmill) wood and other forest products,

(b)  establishing roads necessary for the removal of wood and forest products, or

(c)  forest protection or conservation.

former environmental planning instrument means:

(a)  Manning Local Environmental Plan No 1, or

(b)  Greater Taree Local Environmental Plans Nos 3, 43 or 55.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is measured within the outer face of the external enclosing walls at a height of 1400 millimetres above each floor level excluding:

(a)  columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall,

(b)  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts,

(c)  car parking and access space needed to meet any requirements of the Council,

(d)  space for the loading and unloading of goods,

(e)  internal public arcades and thoroughfares.

hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

hazardous storage establishment means an establishment where goods, materials or products are stored and which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

health consulting rooms means one or more rooms within a dwelling used by not more than 3 persons providing professional treatment or health care services (including dental and optical services) to members of the public.

height limitation area means the area shown as a height limitation area on the map.

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

heliport means a place open to the public and used for the taking off and landing of helicopters, and which may include a terminal building and facilities for the parking, storage and repair of helicopters.

heritage conservation area means an area of heritage significance identified as such an area on the map.

heritage item means a building, work, relic, tree or place of heritage significance to the City and which is described in Schedule 2.

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

highway service centre means integrated development providing on the one site a variety of facilities intended for the provision of services required by the travelling public and commercial highway users, including provision for:

(a)  refreshment, and

(b)  motor vehicle servicing facilities,

which development may also include use of the site for advertisements, bus stations, car parks, drive-in take-away food outlets, dwellings occupied in conjunction with uses permissible on the site, emergency repair facilities (including towing facilities), facilities for commercial vehicles, information centres, playgrounds, refreshment rooms, rest areas, rest rooms, roads, service stations and utility installations.

holiday cabin means a building which contains one (but not more than one) dwelling and used for holiday accommodation only, which may be one of a group of dwellings erected on land in the same ownership.

home industry means a home occupation undertaken by the permanent residents of a dwelling who may employ other people.

home occupation means the use of a dwelling, or land on which the dwelling is located, or an other building erected on the land, for an office, light industry, industry or business, but only if:

(a)  that use is undertaken by the permanent residents of the dwelling, and

(b)  in the opinion of the Council, the use does not interfere unreasonably with the amenity of adjoining properties or the locality in which the dwelling is situated for any reason.

hospital means a building or place used for providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to in-patients, whether or not services are provided also to outpatients.

hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles for commercial purposes, but does not include development defined elsewhere in this clause.

intensive agriculture means any form of agriculture which involves livestock or poultry nurtured by an artificial method of feeding, except where supplementary artificial feeding is required during times of drought.

landscaped area of a site, means the area clear of any building, and includes swimming pools, recreation areas, lawns, gardens or other landscaping, but does not include driveways, parking areas or drying yards.

light industry means an industry which does not unreasonably interfere with the amenity of the neighbourhood, but does not include development defined elsewhere in this clause.

maintenance, in relation to a heritage item or a building or work in a heritage conservation area, means the continuing protection or care (including painting) of the external surfaces, finishes or materials of the heritage item, building or work.

marina means a pontoon, jetty, pier or similar structure providing moorings for boats used for pleasure or recreation and includes:

(a)  slipways, and

(b)  facilities for the repair, maintenance or fuelling of boats, or the sale of accessories and parts for boats, or sale of foodstuffs.

medical centre means a building or place providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to outpatients only.

mezzanine means an intermediate floor within a room.

mine means development which depends for its operation on the winning or removal of any material to which the provisions of the Mining Act 1992 or the Petroleum (Onshore) Act 1991 apply, including the storage and primary processing of the material obtained.

motel means a building used for the temporary or short term accommodation of travellers.

multiple occupancy means development consisting of 3 or more detached dwellings on one allotment.

multiple dwelling means development consisting of 3 or more dwellings (whether or not attached) on one allotment of land each with private open space at ground level.

offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

offensive storage establishment means an establishment where goods, materials or products are stored and which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

office means a building or place used for administration, clerical, technical, professional, or like activities, not involving direct and regular dealing with the public, but does not include any other building or place defined elsewhere in this clause.

passenger transport terminal means a building or place used for the assembly and dispersal of passengers, including facilities for parking, manoeuvring, storage or routine servicing of vehicles forming part of that undertaking.

place of worship means a building or place used for religious worship, counselling, social events or religious training by a religious group.

potentially hazardous industry means an industry which, if it were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land), to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:

(a)  to human heath, life or property, or

(b)  to the biophysical environment,

and includes a hazardous industry and a hazardous storage establishment.

potentially offensive industry means an industry which, if it were to operate without employing any measures (including, for example, measures to isolate the industry from existing or likely future development on other land), to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and an offensive storage establishment.

prime crop and pasture land means land shown as Class 1, 2 or 3, or as special purpose land, on maps prepared by the Department of Agriculture from time to time, or land identified by the Department of Agriculture as being Classes 1, 2 or 3, or as special purpose land.

public building means a building or place used as business premises or an office by a public authority, or by an organisation established for public purposes.

public utility undertaking means an undertaking carried on by, or by authority of any Government department or in pursuance of any Commonwealth or State Act, for the purposes of:

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

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas.

recreation facility means a building or place used for sporting, recreation or leisure activities, whether or not for gain, but does not include a building or place defined elsewhere in this clause.

recycling yard means a building or place used for collecting, dismantling, storing, abandoning or recycling of second hand or scrap materials for reselling.

registered club means a building or place used by a body of persons for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

relic means any deposit, object or material evidence relating to:

(a)  the use or settlement of the City, not being Aboriginal settlement, which is more than 50 years old, or

(b)  Aboriginal habitation of the City, both prior to and concurrent with its occupation by persons of European extraction, including human remains.

residential flat building means a building containing 3 or more dwellings, but does not include a building defined elsewhere in this clause.

residential office means a room or number of rooms within a dwelling used for an office provided that the dwelling is also occupied for residential purposes.

restaurant means a building or place used principally for providing food to people for consumption on the premises.

retail plant nursery means a building or place used for growing and retail selling plants, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold.

road means a public thoroughfare used for the passage of vehicles or animals.

roadside stall means a building or place used for retail selling of agricultural produce from the land on which the building or place is situated.

rural industry means the handling, treating, processing or packing of primary products, or the regular servicing or repairing of plant or equipment used for agriculture, aquaculture or a rural industry in the locality.

rural worker’s dwelling means an additional dwelling on a rural allotment used as the principal place of residence of persons employed for the purpose of agriculture, aquaculture, intensive agriculture or a rural industry on that land or on adjoining land.

sawmill means a building or place used for handling, cutting and processing timber from logs or baulks.

serviced apartments means a building containing 2 or more dwellings which are serviced or maintained by or on behalf of the owner or manager of the building.

service station means a building or place used for the fuelling of motor vehicles involving the retail sale of petroleum products, and which also may be used for any one or more of the following:

(a)  the hiring of trailers,

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

(c)  washing and lubricating of motor vehicles,

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

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

shop means a building or place used for retail selling, auction or hiring, or display for the purpose of selling or hiring, of goods or materials, but does not include a building or place defined elsewhere in this clause.

site area means the area of land to which a development application relates, excluding any land on which the development is not permitted under this plan or any other environmental planning instrument.

standard flood means the floodwater which, in the opinion of the Council, inundates the land during a one percent probability flood event.

stock and saleyard means a building or place used for offering livestock or poultry for sale.

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

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

(b)  a mezzanine, or

(c)  an attic.

temporary use of land means the use of land for a maximum period of 28 days, whether consecutive or not, in any one year.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the series of maps marked “Greater Taree Local Environmental Plan 1995” as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Greater Taree Local Environmental Plan 1995 (Amendment No 1)

Greater Taree Local Environmental Plan 1995 (Amendment No 2)

Greater Taree Local Environmental Plan 1995 (Amendment No 4)

Greater Taree Local Environmental Plan 1995 (Amendment No 5)

Greater Taree Local Environmental Plan 1995 (Amendment No 6)

Greater Taree Local Environmental Plan 1995 (Amendment No 7)

Greater Taree Local Environmental Plan 1995 Amendment No 8

Greater Taree Local Environmental Plan 1995 (Amendment No 9)

Greater Taree Local Environmental Plan 1995 (Amendment No 10)

Greater Taree Local Environmental Plan 1995 (Amendment No 11)

Greater Taree Local Environmental Plan 1995 (Amendment No 12)

Greater Taree Local Environmental Plan 1995 (Amendment No 13)

Greater Taree Local Environmental Plan 1995 (Amendment No 15)

Greater Taree Local Environmental Plan 1995 (Amendment No 17)

Greater Taree Local Environmental Plan 1995 (Amendment No 18)

Greater Taree Local Environmental Plan 1995 (Amendment No 19)

Greater Taree Local Environmental Plan 1995 (Amendment No 21)

Greater Taree Local Environmental Plan 1995 (Amendment No 23)

Greater Taree Local Environmental Plan 1995 (Amendment No 26)

Greater Taree Local Environmental Plan 1995 (Amendment No 29)

Greater Taree Local Environmental Plan 1995 (Amendment No 33)

Greater Taree Local Environmental Plan 1995 (Amendment No 34)

Greater Taree Local Environmental Plan 1995 (Amendment No 36)

Greater Taree Local Environmental Plan 1995 (Amendment No 37)

Greater Taree Local Environmental Plan 1995 (Amendment No 40)

Greater Taree Local Environmental Plan 1995 (Amendment No 42)

Greater Taree Local Environmental Plan 1995 (Amendment No 44)

Greater Taree Local Environmental Plan 1995 (Amendment No 45)

Greater Taree Local Environmental Plan 1995 (Amendment No 46)

Greater Taree Local Environmental Plan 1995 (Amendment No 48)

Greater Taree Local Environmental Plan 1995 (Amendment No 49)

Greater Taree Local Environmental Plan 1995 (Amendment No 51)

Greater Taree Local Environmental Plan 1995 (Amendment No 52)

Greater Taree Local Environmental Plan 1995 (Amendment No 53)

Greater Taree Local Environmental Plan 1995 (Amendment No 54)

Greater Taree Local Environmental Plan 1995 (Amendment No 56)

Greater Taree Local Environmental Plan 1995 (Amendment No 57)

tourist facility means an establishment providing holiday accommodation or recreation and includes a boatshed, boat landing facilities, camping ground, caravan park, cabins, convention facilities, hotel, house boat, marina, motel, playground, place of worship, restaurant, shops of an ancillary nature, water sport facilities or a club used in conjunction with any such facilities.

transport depot means a building or place used for the parking or storage of motor vehicles used for a passenger transport undertaking, or any business, industry or shop.

utility installation means a building or work used for a public utility undertaking.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating, or spray painting, but does not include a building or place defined elsewhere in this clause.

vehicle repair station means a building or place used for carrying out repairs or selling and fitting of accessories to vehicles or agricultural machinery.

vehicle showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, including the sale or display of accessories for those vehicles.

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

warehouse or distribution centre means a building or place used principally for storing, handling or displaying goods or materials for sale, other than retail sale.

watercourse means:

(a)  a stream of water whether perennial or intermittent, flowing in a natural channel, and whether or not that channel is artificially improved, or

(b)  any branch or other stream into or from which any such stream flows,

and in the case of a stream running to the sea or into any coastal bay or inlet or coastal lake, includes the estuary of the stream influenced by tidal waters.

(2)  A reference in this plan to a building or a place used for a purpose includes a reference to a building or a place intended to be used for that purpose.

(3)  A reference in this plan to a map is a reference to a map deposited in the office of the Council.

cl 4: Am 1.9.1995; 17.5.1996; 28.6.1996; 12.7.1996; 23.8.1996; 29.11.1996; 27.12.1996; 24.1.1997; 14.2.1997; 2.5.1997; 1.8.1997; 24.10.1997; 7.11.1997; 14.11.1997; 17.7.1998; 11.2.2000; 14.7.2000; 15.9.2000; 8.12.2000; 2.2.2001; 29.6.2001; 10.8.2001; 1.2.2002; 4.10.2002; 30.5.2003; 24.12.2003; 6.2.2004; 11.6.2004; 10.9.2004; 17.12.2004; 18.3.2005; 2006 (141), Sch 1 [1]; 2006 (607), cl 4; 2007 (461), Sch 1 [1]; 2007 (641), Sch 5.14.

5 Consent authority

The Council is the consent authority for the purposes of this plan.

6 Consent of Council for subdivision of land

Land to which this plan applies may be subdivided only with the consent of the Council.

6A Exempt development

Development listed as such in Exempt and Complying Development DCP No 46—City of Greater Taree, as adopted by the Council on 13 October 1999, is exempt development provided it complies with any relevant standards set for the development by this plan and by the DCP nominated above, and is not on land that:

(a)  in the case of development that includes building works or signs—is the site of a heritage item, or is within a heritage conservation area, or

(b)  is within an environment protection zone under this plan, or

(c)  in the case of development that includes building works—is flood liable, contaminated, or identified in Greater Taree Development Control Plan 1995 as being within a buffer area or as protected land, or has significant bushfire hazard risk, or

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

(e)  is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or

(f)  is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies.

cll 6A: Ins 8.9.2000.

6B Complying development

(1)  Development listed as such in Exempt and Complying Development DCP No 46—City of Greater Taree, as adopted by the Council on 13 October 1999, is complying development provided it complies with any relevant standards set for the development by this plan and by the DCP nominated above, and:

(a)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b)  it does not include the exhibition for sale of material (whether literature, video, film, goods or articles) used or intended for use in connection with sexual behaviour and classified or refused classification under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or the exhibition of objects primarily concerned with sexual behaviour, and

(c)  it will not be located on land which has upon it designated development listed in Schedule 3 to the Environmental Planning and Assessment Regulation 1994, and

(d)  the relevant approvals for water and sewerage services have been obtained, if required, and

(e)  it is clear of any easement for services, or the relevant approvals for the proposed development in the site of the easement have been obtained, and

(f)  it is clear of the zone of influence of any public sewer line, or the relevant approval has been obtained from Midcoast County Council or the relevant public authority for the proposed development in the vicinity of the sewer line, has been obtained, and

(g)  it is not on land which:

(i)  is the site of a heritage item, or is within a heritage conservation area, in the case where the development includes building works, or

(ii)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or

(iii)  is within an environment protection zone under this plan, or

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

(v)  is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or

(vi)  is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, or

(vii)  is flood liable, contaminated, identified in Greater Taree Development Control Plan 1995 as being within a buffer area or as protected land, or has significant bushfire hazard risk, in the case where the development includes building works, or

(viii)  is a site that has previously been used as a service station or a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or

(ix)  is identified in acid sulfate soils planning maps prepared in relation to the land as requiring the consideration of an acid sulfate soils management plan before consent can be granted for the subject development, and

(h)  it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that applies to the land, and

(i)  it does not contravene any condition of a development consent applying to the land.

(2)  A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Exempt and Complying Development DCP No 46—City of Greater Taree, adopted by Council on 13 October 1999, as in force when the certificate is issued.

cll 6B: Ins 8.9.2000.

7 Exemptions from consent being required

The consent of the Council is not required for:

(a)  the carrying out of a development or activity specified in Schedule 3, not being a development or activity excluded in that Schedule, or

(b)  the use of existing buildings of the Crown by the Crown, or

(c)  home occupations (not being industries or light industries).

8 How this plan affects other agreements, covenants or instruments

(1)  If any agreement, covenant or instrument prohibits a use permitted by this plan, then it shall not apply to that use (to the extent necessary to permit that use).

(2)  Before this plan was made, the Governor approved of subclause (1) under section 28 of the Act.

Aims

9 Aims of the plan

This plan generally aims to:

(a)  uphold and promote the objects of the Act,

(b)  identify zones as referred to in clause 10 and achieve the objectives for each zone,

(c)  promote development which is environmentally sustainable and seeks to minimise use of non-renewable resources,

(d)  provide flexibility in the development potential of the City by ensuring a wide range of land use options, while minimising conflict between incompatible land uses,

(e)  prevent random development and subdivision of rural land which would create uneconomic farming units, destroy the rural landscape, or prejudice mining or extractive operations or future urban development,

(f)  ensure the protection of significant environmentally sensitive areas,

(g)  minimise risks to life and property from natural hazards, particularly bushfire and flooding, by avoiding development likely to be exposed unduly to those risks,

(h)  provide for open space and community facilities sufficient to meet the needs of existing and future residents,

(i)  provide for future arterial road needs,

(j)  provide for the general infrastructure necessary to cater for the needs of the community,

(k)  provide land for adequate commercial facilities and encourage consolidation of major commercial activities in central business areas,

(l)  provide suitable land and service facilities so as to maximise the employment base and future employment opportunities throughout the City,

(m)  identify heritage conservation areas, enable the protection of items of environmental significance and ensure the conservation of the natural, historic, architectural and aesthetic character of the land, and

(n)  encourage further development of tourism and recreational facilities, while minimising any adverse impact on the natural attractions and amenity enjoyed by permanent residents.

Zone provisions

10 Zones which apply in this plan

(1)  The following zones apply as identified on the map:

1 (a)  Rural General

1 (b1)  Rural Valley Agriculture

1 (b2)  Rural Upper Catchment

1 (c1)  Rural Residential

1 (c2)  Rural Farmlets

1 (f)  Rural Forests

2 (a)  Residential

2 (v)  Village

3 (a)  Business General

3 (b)  Business Automotive and Tourist

4  Industrial

5  Special Uses

6 (a)  Open Space Recreation

6 (b)  Open Space Private

7 (a)  Environmental Protection Habitat

7 (d)  Environmental Protection Scenic

7 (f1)  Environmental Protection Coastal Lands

7 (f2)  Environmental Protection Coastal Lands Acquisition

8 (a)  National Parks and Nature Reserves Existing

8 (b)  National Parks and Nature Reserves Proposed

9 (a)  Classified Road Proposed

9 (b)  Local Road Proposed

(2)  Each zone is described in the following development control tables, indicating the zone objectives, what development is permissible (with or without consent) and what development is prohibited and, for zones No 7 (f1) and 7 (f2), what development is permissible only with consent with the granted concurrence of the Director of Planning.

Rural zones

11 Rural zones which apply in this plan

The following rural zones apply as identified on the map:

1 (a)  Rural General

1 (b1)  Rural Valley Agriculture

1 (b2)  Rural Upper Catchment

1 (c1)  Rural Residential

1 (c2)  Rural Farmlets

1 (f)  Rural Forests

12 General rural zone objectives

The objectives which apply generally to all rural zones are:

(a)  the efficient sustainable agricultural utilisation of rural land, particularly prime crop and pasture land,

(b)  the conservation of prime crop and pasture land by ensuring that:

•  it is not unnecessarily converted to non-agricultural purposes,

•  any allotment created for intensive agriculture is potentially capable of sustaining it without detrimental effect on the environment of the locality, and

•  development will not have a detrimental effect on agricultural operations in the locality,

(c)  the protection or conservation of:

•  soil stability by controlling development in accordance with land capability,

•  forests of commercial value for timber production and trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is likely to reduce land degradation,

•  land affected by acid sulphate soils by controlling development of that land likely to affect drainage or cause soil disturbance,

•  valuable deposits of minerals and extractive materials by controlling the location of development to enable the efficient extraction of those deposits,

•  water resources,

•  environmental values of the land and visual amenity including landscape and scenic quality, rural character and tourism values,

(d)  the protection of development from significant hazards particularly risks from bushfire or flooding so that development would not be likely to increase those hazards,

(e)  the location of development in such a way as to avoid creation of road traffic hazards or ribbon development along roads, and

(f)  the regulation of development so that it:

•  upholds the principles specified in paragraph (c), and

•  does not create unreasonable or uneconomic demands, or both, for the provision or extension of public amenities or services.

Development control table

Zone No 1 (a) Rural General

Objectives of zone

The objectives are:

(a)  the objectives specified in clause 12,

(b)  the promotion of rural tourist facilities which are appropriate for and require a rural location for efficient operation,

(c)  the promotion of industries which require special environmental conditions, such as a large site or remote location, in areas where services and access appropriate to the industry can be facilitated, and

(d)  the enabling of development for purposes that are:

•  appropriate in a rural location,

•  appropriate for agriculturally productive lands used for grazing and cropping, and

•  sympathetic with the environmental characteristics of the land.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture); forestry; oyster farming.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 1 (b1) Rural Valley Agriculture

Objectives of zone

The objectives are:

(a)  the objectives specified in clause 12,

(b)  the conservation of prime crop and pasture land in units or holdings which may be efficiently used for agriculture appropriate to the locality,

(c)  the regulation of development to avoid fragmentation of land into holdings which are inadequate to support commercial farming practices,

(d)  the regulation of development to ensure that the type and intensity of development is appropriate, having regard to the characteristics of the land, the long term production potential of the land, the rural environment and the cost of providing public amenities and services, and

(e)  the proper consideration of flooding issues in flood liable lands, so that development is not exposed to the hazards of flooding, or does not have a significant detrimental effect on flood flows or flood storage on any land.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture); forestry; oyster farming.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 1 (b2) Rural Upper Catchment

Objectives of zone

The objectives are:

(a)  the objectives specified in clause 12,

(b)  the protection of water resources to ensure that the catchment of the Manning River is not exposed to pollution generating activities likely to affect water quality,

(c)  the conservation of agricultural land in units or holdings which may be efficiently used for agriculture appropriate to the locality,

(d)  the regulation of development to ensure that land is not fragmented into holdings which are inadequate to support commercial farming practices,

(e)  the regulation of development to ensure that the type and intensity of development is appropriate, having regard to the characteristics of the land, the rural environment, and the cost of providing public services and amenities, and

(f)  the promotion of development of rural tourist facilities which are appropriate for and require a rural location for efficient operation.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture); forestry.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 1 (c1) Rural Residential

Objectives of zone

The objectives are:

(a)  the objectives specified in clause 12,

(b)  the identification of land suitable for residential development in a rural setting within areas that are serviced by sewerage and suitable for intensive rural living,

(c)  the preservation of the rural residential amenity so that development remains compatible with that amenity, and

(d)  the regulation of development so that it provides for the efficient distribution and utilisation of community facilities.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture); forestry.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 1 (c2) Rural Farmlets

Objectives of zone

The objectives are:

(a)  the objectives specified in clause 12,

(b)  the identification of land which may support the subdivision of small rural lots without detrimentally affecting the continuation of agricultural operations of the locality,

(c)  the provision of opportunities for rural living in appropriate areas,

(d)  the preservation of the rural amenity of the zone so that development remains compatible with that amenity, and

(e)  the regulation of development so that it provides for the efficient distribution and utilisation of community facilities.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture); forestry.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 1 (f) Rural Forests

Objectives of zone

The objectives are:

(a)  the objectives specified in clause 12,

(b)  the protection of land under forest management to ensure the environmental and economic future of the forests,

(c)  the provision for normal forestry management practices on land managed by the Forestry Commission without the need for consent of the Council to be obtained,

(d)  the maintenance of the rural amenity of the land including landscape and scenic quality and its value for tourism, and

(e)  the regulation of development so that it is compatible with the forest environment.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture); forestry; any purpose authorised under the Forestry Act 1916 and any purpose ancillary or incidental to such a purpose.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

cl 12, table: Am 8.9.2000.

Rural provisions

13 Subdivision within certain rural zones

(1)  The Council may consent to the subdivision of land zoned 1 (a), 1 (b1) or 1 (b2) but only if the area of each allotment to be created by the subdivision is not less than:

(a)  100 hectares for land zoned 1 (b2), or

(b)  40 hectares for land zoned 1 (a) or 1 (b1).

(2)  Where land referred to in this clause has frontage to an arterial road, the Council may consent to the subdivision of that land but only if that frontage is not less than 200 metres.

14 Subdivision within Zone No 1 (a), 1 (b1) or 1 (b2)

Despite clause 13, the Council may consent to the subdivision of land zoned:

(a)  1 (a) or 1 (b1) to create an allotment of less than 40 hectares, or

(b)  1 (b2) to create an allotment of less than 100 hectares,

if it is satisfied that the allotment is intended to be used for a purpose (other than agriculture, a dwelling or a duplex dwelling) for which it may be used with or without the consent of the Council.

15 Dwellings within certain rural zones

(1)  This clause applies to land zoned 1 (a), 1 (b1), 1 (b2) or 1 (c2).

(2)  Except as provided by subclause (3), the Council may consent to the erection of a dwelling on an allotment of land to which this clause applies only if the allotment:

(a)  has an area of not less than:

•  100 hectares for land zoned 1 (b2), or

•  40 hectares for land zoned 1 (a) or 1 (b1), or

•  2 hectares for land zoned 1 (c2), or

(b)  was created in accordance with clause 13, or

(c)  is an “existing holding” within the meaning of a former environmental planning instrument which was in force immediately before the appointed day, or

(d)  is the subject of a consent granted under a former environmental planning instrument or which was created under State Environmental Planning Policy No 4—Development Without Consent and would have been eligible for the erection of a dwelling under clause 10 (2) of Manning Local Environmental Plan No 1 or clause 11 (2) of Greater Taree Local Environmental Plan No 3, or

(e)  is the subject of a consent for a dwelling granted prior to the appointed day, whether or not that consent has lapsed, or

(f)  is land referred to in Schedule 1.

(3)  The Council may consent to the erection of a second dwelling, being a duplex dwelling, (but may not consent to a multiple dwelling or a residential flat building) on land to which this clause applies.

(4)  The Council shall not consent to a second detached dwelling on one allotment of land unless it is for the purposes of a rural worker’s dwelling.

(5)  The Council may consent to the development of land for the purposes of multiple occupancy provided that:

(a)  the land is held in common ownership,

(b)  the land comprises a single allotment,

(c)  the maximum density is one dwelling for each 10 hectares of site area, and

(d)  the minimum site area is:

•  40 hectares for land zoned 1 (a) or 1 (b1), or

•  100 hectares for land zoned 1 (b2).

16 Subdivision and development within Zone No 1 (c1) or 1 (c2)

(1)  The Council may consent to the subdivision of land zoned 1 (c1) or 1 (c2) only if:

(a)  each allotment created by the subdivision has an area of not less than:

•  4000 square metres for land zoned 1 (c1) where sewerage is available to the land,

•  8000 square metres for land zoned 1 (c1) where sewerage is not available, or

•  2 hectares for land zoned 1 (c2),

(b)  the average size of the allotments is not less than:

•  1.5 hectares for land zoned 1 (c1) where sewerage is not available, provided that any allotment of more than 4 hectares is excluded from the assessment of the average size of allotments, or

•  20 hectares for land zoned 1 (c2), provided that any allotment of more than 40 hectares is excluded from the assessment of the average size of allotments,

(c)  it is satisfied that suitable arrangements have been made for the provision of:

•  a reticulated water supply and electricity for land zoned 1 (c1) and sewerage also where the land is to be subdivided into lots having an area less than 8000 square metres,

•  a reticulated electricity supply for land zoned 1 (c2), and

(d)  there is no new means of vehicular access to an arterial road.

However, paragraph (c) does not require a reticulated water supply for the following land:

So much of lot 4, DP 787622, Stewarts River Road, Johns River, as is within Zone No 1 (c1) and is shown edged heavy black on the map marked “Greater Taree Local Environmental Plan 1995 (Amendment No 19)”.

(2)    (Repealed)

(3)  The Council may not consent to the erection of a second detached dwelling on land zoned 1 (c1).

(4)  The Council may consent to development for the purposes of cluster housing on land zoned 1 (c1) only where the proposed development has a density of not more than one dwelling for each:

(a)  4000 square metres of the land where sewerage is available, or

(b)  1.5 hectares of the land where sewerage is not available.

(5)  An allotment of land which is used for cluster housing may not be subdivided except under the Community Land Development Act 1989.

(6)  Despite subclause (1), the Council may consent to the subdivision of land zoned 1 (c2) to create an allotment of less than 20 hectares if it is satisfied that the allotment is intended to be used for a purpose (other than agriculture, a dwelling or a duplex dwelling) for which it may be used with or without the consent of the Council.

(7)  The Council must not consent to development in accordance with this clause if that consent would result in a total number of lots created under this clause in the whole of the City in a 10-year period exceeding the number specified by the Council.

(7A)    (Repealed)

cl 16: Am 1.8.1997; 8.9.2000; 15.9.2000; 2.2.2001; 2004 No 55, Sch 2.16; 2008 (571), Sch 3.78 [1] [2].

Residential zones

17 Residential zones which apply in this plan

The following residential zones apply as identified on the map:

2 (a)  Residential

2 (v)  Village

Development control table

Zone No 2 (a) Residential

Objectives of zone

The objectives are:

(a)  the preservation of the residential amenity,

(b)  the regulation of the subdivision and use of land for housing, with ancillary development permitted only where the scale, type and traffic generating characteristics of the ancillary development are compatible with the character and amenity of the area,

(c)  the encouragement of a range of residential development providing for flexibility and variety of housing types and designs, densities and associated land uses, with conservation of visual amenity, and

(d)  the promotion of development considered by the Council to be a desirable land use within the urban living area, which is compatible with the residential environment.

Without consent

Nil.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 2 (v) Village

Objectives of zone

The objectives are:

(a)  the preservation of the village amenity so that development remains compatible with that amenity,

(b)  the provision of a wide range of urban uses in a consolidated village environment, and

(c)  the promotion of businesses and neighbourhood activities which serve the local community.

Without consent

Nil.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

cl 17, table: Am 8.9.2000.

Residential provisions

18 Exhibition homes

The Council may consent to the use of a dwelling on land zoned 2 (a) or 2 (v) as an exhibition home, if the dwelling is situated on land not having frontage to an arterial road. The Council may impose, as a condition of consent, a limit on the period during which the dwelling may be so used.

Business zones

19 Business zones which apply in this plan

The following business zones apply as identified on the map:

3 (a)  Business General

3 (b)  Business Automotive and Tourist

Development control table

Zone No 3 (a) Business General

Objectives of zone

The objectives are:

(a)  the provision of sufficient land in business areas to cater for retail and commercial purposes,

(b)  the regulation of the subdivision and use of the land so that it is developed as a retail and commercial centre in accordance with a commercial hierarchy,

(c)  the promotion within the zone of a diversity of functions including:

•  retail, business, professional and commercial establishments,

•  entertainment, recreation, civic, cultural and community facilities, and

•  carparking and service facilities,

(d)  the provision of a wide range of uses associated with, ancillary to or supportive of retail and service facilities, particularly tourist developments and industries compatible with a commercial area,

(e)  the promotion of vitality in business centres by encouraging mixed development with residential accommodation above ground level,

(f)  the regulation of development so that it remains compatible with the commercial character of the zone, and

(g)  the provision of suitable neighbourhood shopping and community facilities, consistent with a high level of residential amenity.

Without consent

Nil.

Only with consent

Any development other than development which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 3 (b) Business Automotive and Tourist

Objectives of zone

The objectives are:

(a)  the provision of sufficient land for retail and commercial purposes related primarily to the automotive and tourist trade, but also for businesses requiring special access or site conditions,

(b)  the promotion within the zone of a diversity of functions including:

•  trade, business and automotive commercial establishments requiring exposure to vehicular rather than pedestrian traffic,

•  restaurants and take-away food outlets, motels, service stations and other facilities catering for the tourist trade, and

•  businesses which require larger sites for economic operation,

(c)  the provision for a wide range of uses associated with, ancillary to or supportive of business and service facilities, particularly tourist developments and industries compatible with a district commercial area, and

(d)  the regulation of development so that it remains compatible with the particular commercial character of the zone.

Without consent

Nil.

Only with consent

Any development other than development which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Industrial zone

20 Industrial zone which applies in this plan

Zone No 4 Industrial applies as identified on the map.

Development control table

Zone No 4 Industrial

Objectives of zone

The objectives are:

(a)  the promotion of employment generating activities on industrial land which is recognised as a scarce resource and the restriction of development which does not make efficient use of that resource,

(b)  the regulation of development so that it does not contribute towards unnecessarily high land values which may result in higher establishment or operating costs for industry,

(c)  the regulation of industries in proximity to residential areas so that they will not have a significant detrimental effect on the residential amenity, and

(d)  the regulation of development of bulky goods salesrooms or showrooms so that the Council remains satisfied that:

•  there is a need for such development in the industrial zone,

•  the development would not, by reason of the number of retail outlets which exist or are proposed within the zone, defeat its predominantly industrial purpose, and

•  the proposed development will not have a substantial adverse affect on existing business centres or on adjoining residential properties.

Without consent

Nil.

Only with consent

Any development other than development which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Special Uses zone

21 Special Uses zone which applies in this plan

Zone No 5 Special Uses applies as identified on the map.

Development control table

Zone No 5 Special Uses

Objectives of zone

The objectives are:

(a)  the identification of land which is used or capable of being used for the purposes shown on the map,

(b)  the encouragement of development in a manner which best satisfies community needs in relation to that special purpose, and

(c)  the facilitation of development which is ancillary to that special purpose.

Without consent

Nil.

Only with consent

Any development other than development which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Open Space zones

22 Open Space zones which apply in this plan

The following open space zones apply as identified on the map:

6 (a)  Open Space Recreation

6 (b)  Open Space Private

Development control table

Zone No 6 (a) Open Space Recreation

Objectives of zone

The objectives are:

(a)  the development of open space in a manner which optimises the satisfaction of recreation needs of the community, and

(b)  the provision of development associated with, ancillary to, supportive of, or compatible with, recreational use.

Without consent

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

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 6 (b) Open Space Private

Objectives of zone

The objectives are:

(a)  the development of open space in a manner which optimises the satisfaction of private recreation needs of the community, and

(b)  the provision of development associated with, ancillary to, supportive of, or compatible with, private recreational use.

Without consent

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

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Open Space provisions

23 Use of open space

(1)  The Council may consent to the development of land within an open space zone only if the Council has considered:

(a)  the need for the proposed development,

(b)  the impact of the proposed development on the existing or likely future use of the land, and

(c)  the need to retain the land for its existing or likely future use.

(2)  Nothing in this plan prevents a person from carrying out development for bushfire hazard reduction purposes on bushland zoned or reserved for open space purposes.

Environmental Protection zones

24 Environmental Protection zones which apply in this plan

The following environmental protection zones apply as identified on the map:

7 (a)  Environmental Protection Habitat

7 (d)  Environmental Protection Scenic

7 (f1)  Environmental Protection Coastal Lands

7 (f2)  Environmental Protection Coastal Lands Acquisition

Development control table

Zone No 7 (a) Environmental Protection Habitat

Objectives of zone

The objectives are:

(a)  the protection and conservation of features which are environmentally sensitive or delicate, or of particular environmental interest, and

(b)  the regulation of development to avoid inappropriate uses which would destroy or damage a habitat ecosystem, particularly that of wetlands, significant vegetation or wildlife.

Without consent

Nil.

Only with consent

Any development other than development which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 7 (d) Environmental Protection Scenic

Objectives of zone

The objectives are:

(a)  the protection and conservation of features which are of particular scenic interest and which contribute to the landscape of the locality, especially steep land or land which has significant vegetation, and

(b)  the regulation of development so that it would not destroy or damage the scenic value or environmental quality of the land.

Without consent

Nil.

Only with consent

Any development other than development which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 7 (f1) Environmental Protection Coastal Lands

Objectives of zone

The objectives are:

(a)  the protection of environmentally sensitive coastal lands,

(b)  the regulation of development so that it would not adversely affect or be adversely affected by, in both the short and long term, the coastal processes,

(c)  the maintenance of the visual character of coastal landscapes and the availability of land for coastal recreation and access, and

(d)  the development of public works and recreational amenities where such development does not have significant detrimental effect on the habitat, landscape or scenic quality of the locality.

Without consent

Agriculture (other than intensive agriculture).

Only with consent

Camping grounds; caravan parks; dams; drainage; dredging for navigational purposes; dwellings; forestry; golf courses; home industries; mining; the quarrying of sand; roads; subdivision; utility installations (other than gasholders or generating works).

Prohibited

Any purpose other than those which are permissible, with or without consent.

Zone No 7 (f2) Environmental Protection Coastal Lands Acquisition

Objectives of zone

The objectives are:

(a)  the protection of environmentally sensitive coastal lands,

(b)  the provision of land for acquisition by the corporation constituted under the Act,

(c)  the regulation of development so that it would not adversely affect or be adversely affected by, the coastal processes in both the short and the long term, and

(d)  the maintenance of the visual character of coastal landscapes and the availability of land for coastal recreation and access.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture).

Only with consent

Dams; drainage; dwellings; roads; subdivision; utility installations (other than gasholders or generating works).

Prohibited

Any purpose other than those which are permissible, with or without consent.

cl 24, table: Am 8.9.2000; 2008 (571), Sch 3.78 [3]–[5].

Environmental Protection provisions

25 Subdivision within Environmental Protection zones

(1)  The Council may only consent to the subdivision of land zoned 7 (a), 7 (d), 7 (f1) or 7 (f2) if the area of each allotment to be created by the subdivision is not less than 40 hectares.

(2)  Where land referred to in this clause has frontage to an arterial road, the Council may consent to the subdivision of that land only if that frontage is not less than 200 metres.

26 Dwellings within Environmental Protection zones

(1)  In this clause, a reference to a dwelling includes a reference to a duplex dwelling.

(2)  The Council may consent to the erection of a dwelling on an allotment of land zoned 7 (a), 7 (d), 7 (f1) or 7 (f2) only if the allotment:

(a)  has an area of not less than 40 hectares,

(b)  is an “existing holding” within the meaning of a former environmental planning instrument which was in force immediately before the appointed day,

(c)  is the subject of a consent granted under a former environmental planning instrument or which was created under State Environmental Planning Policy No 4—Development Without Consent and would have been eligible for the erection of a dwelling under clause 10 (2) of Manning Local Environmental Plan No 1 or clause 11 (2) of Greater Taree Local Environmental Plan No 3,

(d)  is the subject of a consent for a dwelling granted prior to the appointed day, whether or not that consent has lapsed, or

(e)  is land referred to in Schedule 1.

27 Development within and adjoining Environmental Protection Habitat zone or Scenic zone

(1)  A person shall not clear, drain, excavate or fill land zoned 7 (a) or 7 (d) except with the consent of the Council.

(2)  The Council may consent to the development of land zoned 7 (a) or 7 (d), or land adjoining or contiguous to that land, but only if it has taken into consideration:

(a)  the likely effects of the development on the water table and on the flora and fauna found on the land,

(b)  the effect on any wetlands of any proposed clearing, draining, excavating or filling,

(c)  the habitat value of the land,

(d)  whether adequate safeguards and rehabilitation measures are proposed to protect the environment,

(e)  the objectives and goals of the “National Conservation Strategy for Australia” referred to in clause 7 of State Environmental Planning Policy No 14—Coastal Wetlands, in so far as they relate to wetlands,

(f)  whether consideration has been given to any feasible alternative to the proposed development, and

(g)  comments received as a result of any advertising of proposals and advice from relevant public authorities.

(3)    (Repealed)

(4)  This clause does not apply to:

(a)  the management of Wingham Brush, as detailed in the “Wingham Brush Regeneration Assessment” prepared by the National Herbarium of New South Wales, and

(b)  clearing for the purposes of survey sight lines at survey trig stations.

cl 27: Am 8.9.2000.

28 Erection of buildings in the Environmental Protection Scenic zone

(1)  In this clause:

external surfaces, in relation to a building or work, includes any external walls and cladding, doors, door and window frames, columns, roofs, fences and any external surface of that building or work visible from outside the building.

prescribed materials means materials having tones which blend visually with the landscape, or which have low reflective quality.

(2)  When considering a development application for a building on land zoned 7 (d), the Council shall consider whether it should impose conditions relating to:

(a)  the use of prescribed materials on the external surfaces of the building, and

(b)  the siting of the proposed building, the trees and shrubs which are to be retained and the extent of landscaping to be carried out.

29 Development within Coastal Protection zones

The Council may consent to the development of land zoned 7 (f1) or 7 (f2) only if it has taken into consideration:

(a)  the likelihood of the proposed development adversely affecting, or being adversely affected by, coastal processes,

(b)  the existence of any wetlands identified under State Environmental Planning Policy No 14, or littoral rainforest areas identified under State Environmental Planning Policy No 26,

(c)  the likely need to relocate buildings in the long term,

(d)  whether the consent should be limited to a particular period, and

(e)  the form, bulk, intensity and nature of the development, and

(f)  the potential impacts of climate change including sea level rise.

cl 29: Am 2008 (571), Sch 3.78 [6] [7].

National Parks and Nature Reserves zones

30 National Parks and Nature Reserves zones which apply in this plan

The following National Parks and Nature Reserves zones apply as identified on the map:

8 (a)  National Parks and Nature Reserves Existing

8 (b)  National Parks and Nature Reserves Proposed

Development control table

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

Objectives of zone

The objectives are:

(a)  the protection of land so that it may be conserved for national parks or nature reserves purposes, and

(b)  the regulation of development for purposes which are authorised under the National Parks and Wildlife Act 1974.

Without consent

Any purpose authorised under the National Parks and Wildlife Act 1974 or any purpose ordinarily incidental to such a purpose.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 8 (b) National Parks and Nature Reserves Proposed

Objectives of zone

The objectives are:

(a)  the protection of land so that it may be conserved for national parks or nature reserves purposes and provision for its acquisition by the National Parks and Wildlife Service, and

(b)  the regulation of development for purposes which are authorised under the National Parks and Wildlife Act 1974.

Without consent

Any purpose authorised under the National Parks and Wildlife Act 1974 or any purpose ordinarily incidental to such a purpose.

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Roads zones

31 Roads zones which apply in this plan

The following roads zones apply as identified on the map:

9 (a)  Classified Road Proposed

9 (b)  Local Road Proposed

Development control table

Zone No 9 (a) Classified Roads Proposed

Objectives of zone

The objectives are:

(a)  the reservation and protection of land required for the purposes of classified roads, and

(b)  the provision for limited alternative use of land pending its acquisition by the Roads and Traffic Authority.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture).

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

Zone No 9 (b) Local Roads Proposed

Objectives of zone

The objectives are:

(a)  the reservation and protection of land required for the purposes of local roads, and

(b)  the provision for limited alternative use of land pending its acquisition by the Council.

Without consent

Agriculture (other than intensive agriculture or building structures ancillary to agriculture).

Only with consent

Any development other than development which is permissible without consent or which is prohibited.

Prohibited

Except as otherwise provided by this Table, all development which is not consistent with such objectives of this zone as are relevant to the particular case.

cl 31, table: Am 8.9.2000.

Roads provisions

32 Subdivision of land involving Roads zones

The Council may consent to the subdivision of land which includes land zoned 9 (a) or 9 (b) but only if the subdivision makes provision for the opening of a road in reasonable conformity with the proposed road.

33 Acquisition of land reserved for roads in Zone No 9 (a)

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)  In this clause:

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant, in relation to land, means land on which, immediately before the day on which a notice under subclause (2) 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 similar structures.

(2)  The owner of any land zoned 9 (a) may request the RTA to acquire the land. The request must be in writing. On receipt of the request, the RTA must acquire the land if:

(a)  the land is vacant, or

(b)  the land is not vacant but:

•  the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

•  the RTA has decided not to give concurrence to an application for consent to develop the land, or

•  the RTA 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 RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.

(3)  The Council may consent to development on land zoned 9 (a):

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.

(4)    (Repealed)

(5)  Land acquired by the RTA under this clause may be developed for any purpose, with the consent of the Council, until such time as it is required for the purpose for which it was acquired.

cl 33: Am 2005 No 64, Sch 2.19 [1] [2]; 2008 (571), Sch 3.78 [8]–[11].

Special provisions

34 Major roads: relocation and access

A road or other means of access which forms an intersection with an arterial road may be opened only with the consent of the Council.

cl 34: Subst 2008 (571), Sch 3.78 [12].

35 Development along arterial roads

(1)  The Council may consent to the development of land having frontage to an arterial road but only if:

(a)  access to that land is provided by a road, other than an 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:

•  the design of the access to the proposed development,

•  the emission of smoke or dust from the proposed development, or

•  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 development of land zoned 1 (a), 1 (b1), 1 (b2), 1 (c1), 1 (c2) or 1 (f) for any purpose listed in Schedule 4 if the development will have direct access to:

(a)  an arterial road, or

(b)  a road connecting an arterial road, and the access to that development is within 90 metres of the arterial road.

36 Provision of services to development

The Council may grant consent to the development of any land but only if it is satisfied that, where appropriate:

(a)  a water supply, sewerage and drainage facilities are available to that land, or

(b)  arrangements satisfactory to the Council and to the water supply authority have been made or are required to be made, for the provision of that supply and those facilities.

37 Dwellings generally

Where in this plan a provision enables the erection of a dwelling (whether or not the consent of the Council is required), a person shall not erect more than one dwelling on a lot, portion or parcel without the consent of the Council.

38 Service stations

The Council may grant consent to development for the purposes of a service station only if the gross floor area used for retail selling of small consumer goods (other than petroleum or ancillary automotive products) does not exceed 100 square metres.

39 Acquisition of land in certain zones

(1)  An owner of land within a zone specified in the Table to this clause may request the public authority specified in the Table opposite that zone to acquire that land. The request must be in writing. On receipt of the request, the public authority concerned shall, subject to the provisions of this clause, acquire the land.

(2)  It is not necessary for the Council to acquire land referred to in this clause if that land may be required to be dedicated or transferred to the Council as a condition of consent or subdivision approval.

Table

Zone	Public authority
Zone No 5 (Carpark)	Council
Zone No 6 (a)	Council
Zone No 7 (f2)	Corporation constituted under the Act
Zone No 8 (b)	Director General of National Parks and Wildlife
Zone No 9 (b)	Council

40 Use of land pending acquisition

(1)  Nothing in this plan shall prohibit development of land referred to in the Table to clause 39 for any purpose, subject to the consent of the Council, prior to its acquisition by the public authority concerned.

(2)  The Council may consent to development referred to in this clause on land zoned 8 (b) only if it obtains the concurrence of the public authority referred to in the Table to clause 39 shown opposite that zone.

(3)  The Council in determining whether to grant consent, and the public authority in determining whether to grant concurrence, shall take into consideration:

(a)  the effect of the proposed development on the costs of acquisition,

(b)  the imminence of acquisition,

(c)  the costs associated with the reinstatement of the land for the purposes for which it will be used after it has been acquired under this clause, and

(d)  the environmental effects on the land of the proposed development, having regard to the purpose for which it will be acquired.

cl 40: Am 2008 (571), Sch 3.78 [13].

41 Advertisements

(1)  A person shall not display an advertisement on land within a rural or environmental protection zone other than:

(a)  an advertisement of the kind permitted by subclause (2), or

(b)  a notice directing the travelling public to tourist facilities or activities or to places of scientific, historical or scenic interest.

(2)  An advertisement shall not be displayed on land within a residential or open space zone unless it:

(a)  relates to that land, or to a building situated on that land or adjacent land, and

(b)  specifies one or more of the following particulars:

•  the purpose for which the land or building is to be used,

•  the identification of a person residing or carrying on an occupation or business on the land or in the building,

•  a description of an occupation or business referred to in this clause,

•  particulars of the goods or services dealt with or provided on the land or in the building.

(3)  The consent of the Council is not required for:

(a)  a sign supported under a shop awning or any shop window display,

(b)  a commercial sign,

(c)  a temporary advertisement displayed for a period not exceeding 2 months in total or in any one year,

(d)  a public notice in a public reserve, or

(e)  directional signs within a road reserve.

42 Development which must be notified

(1)  In this clause:

height of a building means the vertical distance measured between existing ground level at any point, and the ceiling or roof of the topmost floor of the building.

tall building means a building which has a height greater than 14 metres, but does not include any aerial, chimney stack, mast, pole, receiving tower, silo, transmission tower, utility installation, ventilator or similar building or structure.

(2)  Sections 84, 85, 86, 87 (1) and 90 of the Act apply to development for the purposes of a tall building in the same way as those provisions apply to designated development.

43 Community use of school lands

The Council may consent to development for community uses on land used for a school, whether or not the development is ancillary to school purposes or involves commercial operation of school facilities and sites.

44 Temporary use of land

Notwithstanding other provisions of this plan, the Council may grant consent for temporary use of land for any purpose not being designated development, or contrary to the provisions of any other environmental planning instrument.

45 Development near zone boundaries

(1)  This clause applies to land which is:

(a)  within 20 metres of a boundary between any 2 of the following zones:

Zone No 1 (c1), 2 (a), 2 (v), 3 (a), 3 (b), 4, 5, 6 (a), 6 (b), 7 (a), 7 (d), 7 (f1), 7 (f2), 8 (a), 8 (b), 9 (a) or 9 (b),

(b)  within 100 metres of a boundary between any 2 of the following zones:

Zone No 1 (a), 1 (b1), 1 (b2) or 1 (c2), or

(c)  within 20 metres of a boundary between a zone referred to in paragraph (a) and a zone referred to in paragraph (b).

(2)  The Council may consent to development on land referred to in this clause for any purpose for which development may be carried out on land in the adjoining zone if it is satisfied that it would be desirable due to planning, design, ownership, servicing or similar requirements and will not adversely affect the amenity of the locality.

46 Development for certain additional purposes

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

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

cl 46: Subst 13.12.1996.

46A Classification and reclassification of public land as operational land

The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

cl 46A: Ins 4.7.1997.

Environmental hazards and environmentally sensitive land

47 Conservation incentive

(1)  In this clause, land of environmental conservation value includes:

(a)  a wetland or land within an environmental protection zone,

(b)  land identified as containing aboriginal archaeological relics, or of aboriginal mythological significance, as identified by the National Parks and Wildlife Service, or

(c)  land required for riverbank protection or public access to foreshores.

(2)  The Council may consent to the carrying out of development for any purpose which, but for this clause, would be prohibited, if the development will have the effect of:

(a)  achieving the dedication of land of environmental conservation value to public ownership if the Council determines it appropriate to accept the land for public purposes, or

(b)  otherwise ensuring that land of environmental conservation value is protected, enhanced or otherwise permanently conserved.

(3)  The Council shall not grant consent under this clause unless it is satisfied that:

(a)  the development will not adversely affect that land or the amenity of land in the locality, and

(b)  the protection of that land could not be reasonably achieved by other means.

48 Development of flood liable land

(1)  For the purposes of this clause, minor additions means additions to a building or work where the additions have a floor area of not greater than 10 percent of the floor area of the existing building or work.

(2)  A person shall not erect a building or carry out a work on flood liable land recorded at the office of the Council without the consent of the Council.

(3)  The Council may, as a condition of its consent, require the floor of the building or work to be erected at a height sufficient, in the opinion of the Council, to prevent or reduce the incidence of flooding of that building or work or of adjoining land.

(4)  The Council shall take into account as a matter for consideration in determining a development application the effect of the proposed development on flooding.

(5)  The consent of the Council under this clause is not required for development involving minor additions to a building or work.

49 Bushfire hazard

(1)  The Council may consent to the development of land zoned 1 (c1) where it has identified a bushfire hazard only where provision is made for:

(a)  a road through that land to which individual access roads are linked, and

(b)  fire trails which link individual access roads or a through road, or both.

(2)  The Council may consent to the development of land in an urban zone where it has identified a bushfire hazard only where provision is made for:

(a)  a perimeter road or reserve which forms the perimeter of the hazard side of the land intended for the development,

(b)  a sufficient fire radiation zone managed for hazard reduction and located on the bushland side of the perimeter road,

(c)  residential lot depths appropriate to the fire hazard for lots adjoining the perimeter road,

(d)  a definition of that part of the land exposed to the bushfire hazard which may not be developed for urban purposes, and

(e)  controls which avoid placing inappropriate components of developments in hazardous areas.

50 Preservation of trees

(1)  In this clause, tree means a perennial plant with at least one self supporting wood stem which at its maturity has a height and girth as may be determined by the Council.

(2)  The Council may make a tree preservation order which stipulates that a person shall not ringbark, cut down, top, lop, remove, injure or destroy any tree, other than where it can be demonstrated to the satisfaction of the Council that a tree is dying, dead or has become dangerous, except with the approval of the Council.

(3)  A tree preservation order may relate to any tree or trees or to any specified class, type or description of trees as described in the order.

(4)  This clause does not apply to trees in a State forest or on other Crown lands within the meaning of the Forestry Act 1916, or to trees required to be lopped in accordance with legislation relating to overhead line construction and maintenance.

(5)  A tree preservation order made and in force immediately before the appointed day, and which applies to land to which this plan applies shall be deemed to be a tree preservation order made under this plan.

51 Sawmill waste

Except with the consent of the Council, sawmill waste shall not be:

(a)  deposited on any land, whether by way of filling or otherwise, or

(b)  burnt, except in an incinerator of a type approved by the Council, or where the sawmill is isolated from urban development, except in a manner approved by the Council.

52 Construction of dams

(1)  The Council’s consent is required for a dam to be constructed in a watercourse.

(2)  A person shall not remove from the land on which a dam is being constructed material extracted during the construction of that dam, without the consent of the Council.

cl 52: Am 17.12.2004.

53 Landfill and drainage

(1)  Development consent is required for any works or other development on land for any purpose which has the effect of materially altering the shape or natural form of the land, including landfill, drainage works or maintenance of open drains.

(2)    (Repealed)

cl 53: Am 2008 (571), Sch 3.78 [14].

54 Extractive industries and mines

(1)  When determining an application for consent to carry out development for the purposes of an extractive industry or mine, the Council shall take into consideration measures proposed by the applicant:

(a)  to reinstate that land,

(b)  to remove waste material or refuse,

(c)  to secure public safety in the surrounding area, and

(d)  to protect the amenity of the locality.

(2), (3)    (Repealed)

cl 54: Am 2008 (571), Sch 3.78 [15].

55 Appearance of development

(1)  The Council may consent to the development of land in conspicuous view of any waterway or arterial road, railway, public reserve or land zoned 6 (a) only if it is satisfied as to the likely appearance of the proposed development when viewed from those locations.

(2)  The Council may consent to development on or near any significant ridgeline only if it is satisfied that the development would not be likely to detract substantially from the visual amenity of the locality.

56 Development near waterways

(1)  The Council’s consent is required for development on any land below high water mark forming part of the bed of any watercourse, ocean or other water body or which has been reclaimed.

(2)  The Council may resolve to create or alter a foreshore building line on land fronting any natural watercourse or ocean where the levels or depth or other exceptional features of the land may make it appropriate.

(3)  A foreshore building line referred to in this clause shall be marked on a map or clearly described in the resolution. The map or resolution shall be available for inspection by the public during the office hours of the Council.

(4)  The Council may consent to the erection of buildings, structures or works on land between a foreshore building line and a watercourse, ocean or other water body only if it is satisfied that the appearance and effect of the proposed development on the locality will not be detrimental.

57 Development within height limitation area or in vicinity of Taree Airport

(1)  When considering an application for development of land within the height limitation area, the Council shall take into account whether the proposed development would exceed the limitations of the “Taree Height Limitation Plan” prepared by the Civil Aviation Authority, and in the case of the limitation being exceeded, shall refer details of the application to the Authority.

(2)  When considering an application referred to in this clause, the Council shall take into account any comments made by the Authority and notify the Authority of its decision.

(3)  When considering an application for development of land within the vicinity of Taree Airport, the Council shall have regard to the map marked “Taree Aerodrome Australian Noise Exposure Forecast” prepared by the Authority.

57A Development of certain land at North Red Head

(1)  The objective of this clause is to ensure that development of the land in zone 6 (a) that forms part of Lot 12 DP 878230 will enhance the open space and environmental attributes of the land and will help to meet the recreational needs of the public.

(2)  The Council must not grant consent to any development in zone 6 (a) on Lot 12 DP 878230 unless it is satisfied that the development meets the objective of this clause.

(3)  Despite the other provisions of this plan, a person must not carry out development for the purposes of a golf course on the land zoned 6 (a) that forms part of Lot 12 DP 878230.

cl 57A: Ins 4.10.2002.

Environmental heritage

58 Heritage items and heritage conservation areas

(1)  The consent of Council must be obtained to carry out the following development:

(a)  to demolish, alter or damage a heritage item or a building or work within a heritage conservation area,

(b)  to move a relic or excavate land for the purpose of discovering or moving a relic, or

(c)  to erect a building, or subdivide land, on which a heritage item is located, or within a heritage conservation area.

(2)  When determining a development application required by this clause, the Council shall take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

(3)  The Council’s consent is not required if it is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.

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 58: Am 2008 (571), Sch 3.78 [16].

59 Conservation incentives

Notwithstanding other provisions of this plan, the Council may consent to the use for any purpose, of a heritage item, or a building or work within a heritage conservation area, or of the land on which that item, building or work is located, where it is satisfied that:

(a)  the use would have little or no adverse effect on the amenity of the locality, or

(b)  conservation of the item, building or work depends on the Council granting that consent.

60 Heritage development which must be notified

(1)  The Council must exhibit and consider submissions in relation to development applications for consent to the following development:

(a)  the demolition of a heritage item,

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

(c)  the use of a building or land referred to in clause 59 for a purpose which, but for that clause, would be prohibited by this plan.

(2)  Sections 84, 85, 86, 87 (1) and 90 of the Act apply to the exhibition of those development applications.

61 (Repealed)

cl 61: Rep 2008 (571), Sch 3.78 [17].

Schedule 1 Land where dwellings may be permitted

(Clauses 15, 26)

Lot No	DP No	Location
16 to 20	4865	West Street, Coopernook
25 to 36	4865	West Street, Coopernook
119	260733	West Street, Coopernook
127	812015	West Street, Coopernook
24, 25	829139	West Street, Coopernook
4, 12, 16, 17, 18	23178	James Street, Moorland
14, 17	22047	Diamond Head Road, Moorland
6	226725	Old Bar Road, Pampoolah
1 to 17	22272	Old Bar Road, Purfleet
23	559478	Old Bar Road, Purfleet
8, 12, section A	22011	Main Road 192, Taree
1 to 18, section 1	23983	Kolodong Road, Taree
1 to 11, section 2	23983	Kolodong Road, Taree
1 to 10, section 3	23983	Kolodong Road, Taree
16, 18, 19, 25	38478	Main Road 192, Wingham
5	114687	Appletree Street, Wingham
1, 2, 5	247461	Appletree Street, Wingham
1, 17 to 20	250731	Appletree Street, Wingham
2 to 10	258918	Appletree Street, Wingham
5, section 24	754454	Appletree Street, Wingham
5, section 32	754454	Appletree Street, Wingham

Schedule 2 Heritage items

(Clause 4)

1   Buildings (not including industrial items) and trees

Bobin

Timber church

School house

Bo Bo Creek

Dwelling, lot 65 DP 753152, Bucketts Way

Burrell Creek

Dwelling “Gowanbrae”, lot 22 DP 580186, Bucketts Way

Coopernook

Bangalow Road

Dwelling, lot 1 DP 613587

Dwelling, lot 67 DP 613587

Macquarie Street

Dwelling, No 2, DP 315861

Dwelling, No 4, lot 1 DP 208048

Dwelling, No 6, lot 21 DP 706325

Dwelling, No 8, lot 9 DP 504926

Dwelling, No 7, lot 3 DP 791097

Dwelling, No 29, lot 5 DP 926494

Dwelling, lot 72, DP 581809

Police station and former courthouse

War Memorial and Memorial Park

School of Arts

Dwelling (former shop), corner Henry Street, lot 8 DP 101056

Public school buildings

Public school residence

Dwelling, No 9, lot 22 DP 791808

Post office, lot 7, DP 926494

Pacific Highway

Hotel Coopernook

Petrie Street

Uniting Church Manse, lot 104 DP 10541

Dwelling, No 5, lot 100 DP 10541

West Street

Dwelling, No 5, lot 2 DP 926494

Dwelling (former Anglican Rectory), lots 3 & 4 DP section 926494

Dwelling, No 11, lot 108 DP 521626

Dwelling, No 23, lot 14 DP 4865

St. Lukes Anglican Church

Croki

Barton Street

Former Shop, corner River Street

Produce shed, lot 4

Open space area and mature trees adjacent to wharf

Reid Street

Dwelling, corner Young St, lot 5 DP 705936

River Street

Dwelling, lot 30 DP 740563

Dwelling, lot 31 DP 740563

Crowdy Head

Crowdy Head Lighthouse

Cundletown

Albert Street

Dwelling, No 11, lot 1 DP 787976

High Street

Dwelling, No 64, lot 8 DP 165089

Dwelling, No 82, lot 1 DP 570435

Public School building

Main Street

Memorial Hall, corner Queen St, lots 17 & 18 section 9

Dwelling, No 22, lot 1 DP 197816

Shop (former Bakery & Residence), No 36, lot 4 DP 112776

Dwelling, No 59, lot 16 DP 160626

Dwelling, No 44 (former Police Station), lot 8, pt 9 & 10, section 21

Post Office, lot 99, DP 631406

Queen Street

Dwelling, No 4, lot 2 DP 738973

River Street

Dwelling “Riverview”, lot 2 DP 263689

Two Bunya Pines, near Dumaresq Island Bridge

Riverside parkland and trees

Dollys Flat

Dwelling “Lower Bow Hill”, Dollys Flat Road

Dyers Crossing

Former Butter Factory

Krambach

St Bernadettes Catholic Church

Former Catholic Convent

Catholic Presbytery

Lansdowne

School of Arts

Anglican Church

Marlee

St. Marks Anglican Church

Mitchells Island

St. Marks Anglican Church

Former Dairy Factory & Wharf

Taree

Alban Street

Dwelling, No 1, lot 168 DP 523002

Dwelling, No 8, lot 64 DP 8015

Dwelling, No 9, lot 72 DP 8015

Dwelling, No 12, lots 61 & 62 DP 8015

Dwelling, No 16, lot 59 DP 8015

Albert Street

Dwelling, No 25, lot 1 DP 723970

Dwelling, No 88, lot 1 DP 613503

St. Paul’s Presbyterian Church

Taree Courthouse, lot 1 DP 831016

Our Lady of the Rosary Catholic Church, Hall building, former Catholic Church & Catholic Presbytery, lots 18–20 section 8 DP 758954

Masonic Hall, lot 1 DP 333623

Uniting Church, lot 25 DP 818244

Taree Public School, 1902 building

Taree Public School, 1935 building

Taree High School, face brick building

Taree High School, 1924 building

Commercial building (former Neighbourhood Centre, former Methodist Parsonage), pt lot 2 DP 593384

Street trees opposite park

Commerce Street

Dwelling, corner Victoria St, pt lot 1 section 14 DP 3259

Dwelling, No 2, pt lot 1 section 12 DP 3259

Dwelling, No 4, pt lot 1 section 12 DP 3259

Dwelling, No 6, lot 123 DP 558000

Dwelling, No 21, lot 5 DP 17563

Dwelling, No 25, lot 3 DP 17563

Dwelling, No 27, lot 2 DP 17563

Dwelling, No 32, lot 2 DP 102768

Dwelling, No 34, lot 30 DP 377088

Dwelling, No 36, lot 29 DP 377088

Dwelling, No 63, lot 36 DP 381925

Blood Bank (former Royal Hotel), No 39, lot 14 DP section 368188

Cornwall Street

Dwelling, No 103, lot 1 DP 530663

Dwelling, No 105, lot 27A DP 417907

Dwelling, No 107, lot 26 DP 417906

Dwelling, No 117, lot 211 DP 522895

Dwelling, No 119, lot 1 DP 358884

Street trees, east of Commerce Street

Edinburgh Drive

Dwelling, No 25, lot 451 DP 730373

Large Fig tree, Taree Estate

Two Norfolk Island Pine trees, Taree Estate

Flett Street

Dwelling, No 35, lot 23 DP 12760

Dwelling, No 37, lot 24 DP 12760

Dwelling, No 39, lot 2 DP 321298

Dwelling, No 40, lot B DP 348574

Dwelling, No 41, lot 1 DP 321298

Dwelling, No 52, lot 2 DP 12760

Dwelling, No 54, lot 3 DP 12760

Dwelling, No 56, lot 4 DP 12760

Dwelling, No 58, lot 5 DP 12760

Dwelling, No 60, pt lot 6 DP 12760

Dwelling, No 62, pt lot 7 DP 12760

Dwelling, No 64, lot D DP 389208

Florence Street

Dwelling, No 33, lot 6 section 77 DP 5525

High Street

Dwelling, No 77, lot A DP 317452

Dwelling, No 81, lot 13 section 23 DP 3933

Commercial building, No 85, lot 12 DP 409198

Dwelling, No 91, pt lot 7 section DP 3933

Dwelling, No 93, lot 1 DP 517361

Dwelling, No 94, lot 6 section A DP 2564

Dwelling, No 96, lot 5 section A DP 2564

Dwelling, No 176, lots 151 & 152 section 32 DP 8015

Street trees

Macquarie Street

Taree Park, including Croquet Club, Grandstand, Memorial Gates, and mature trees on perimeters

Education Department Office (former Headmasters Residence), lot 2 DP 795251

Dwelling, No 3, pt lot 17 DP 3933

Manning Street

Shop (former Protestant Hall), No 57, lot B DP 350762

Dwelling, No 134, lot 24 DP 554752

Manning Times building, corner Albert St, pt lot 4 section 6 DP 758954

Muldoon Street

Showground, including Walter Plummer pavilion, livestock pavilion, horticultural pavilion, three-gabled pavilion, octagonal kiosk and shop/kiosk building

Pulteney Street

Fire Station & residence, lot 1 section B DP 2564

Dwelling, No 58, corner Wynter Street. lot 13 DP 20699

Dwelling, No 77, lot 2 section B DP 2564

River Street

Dwelling, No 19, lot 2 DP 311615

Dwelling, No 81, lot 8 section 12 DP 3259

Spotted Gums, near Florence Street

Smith Street

Dwelling, No 2, lot 1 DP 121659

Dwelling, No 3, lot 201 DP 11254

Dwelling, No 4, lot 197 DP 11254

Dwelling, No 6, lot 32 DP 525577

Dwelling, No 7, lot 199 DP 11254

Dwelling, No 8, lot 30 DP 21367

Dwelling, No 9, lot 90 DP 345187

Dwelling, No 10, lot 2 DP 21367

Dwelling, No 12, lot 1 DP 21367

Dwelling, No 14, lot 10 DP 21367

Stevenson Street

Dwelling, No 8, lot 21 section 82 DP 5525

Dwelling, No 15, lot 3 section 2 DP 5071

Dwelling, No 30, lot 17 section 78 DP 5525

Victoria Street

Commercial building (former State Bank building), lot 1 DP 82216

Shop (former Greater Taree City Council building), No 146, lot 11 DP 11393

Exchange Hotel, lot 1 DP 797108

Shop (former National Australia Bank building), No 171, lot 2 DP 222575

Fotheringham’s Hotel, lot 11 DP 787793

Beehive Store building, corner Pulteney St, lot 1 DP 794959

Commercial building (former AMP building), corner Pulteney St, lot 2 DP 579979

Fotheringham Park, and War Memorial

St. John’s Church, Rectory, belltower and Memorial Hall, lot B DP 415415

Hobsons Store building, No 135, pt lot 14 section 5 DP 758954

Dwelling, No 291, lot 44 DP 8015

Dwelling, No 303, lot 4 DP 553222

Dwelling, No 310A, lot 50 DP 586118

Dwelling, No 314, lot 10 DP 14304

Dwelling, No 318, lot 31 DP 29758

Dwelling, No 322, lot 6 DP 14304

Dwelling, No 324, lot 5 DP 14304

Streetscape, west of Commerce Street

Wingham Road

Dwelling, No 10, pt lot 1 DP 17146

Wynter Street

Dwelling, No 37, pt lot 2 section 17 DP 3933

Dwelling, No 63, lot 12 section B DP 2564

Dwelling, No 70, corner Pulteney Street, lot 12 DP 394205

Dwelling, No 96, lot 62 DP 570185

York Street

Dwelling, No 14, lot 2 DP 790941

Dwelling, No 16, lot 1 DP 790941

Street trees

Coocumbac Island

Tinonee

Cotton Street

Dwelling, lot 24, DP 734994

Dwelling, lot 1, DP 573987

Manchester Street

Dwelling, No 4, lot 1, DP 542080

Post Office and Residence, No 8, lot C section 10 DP 390396

Dwelling, No 10, lot D section 10 DP 390396

Dwelling, No 12, lot 1 DP 724092

Dwelling, No 14, lot 2 DP 910468

Dwelling, No 16, lot 1 DP 573335

Dwelling (former Police Station), lots 5 & 6 section 12

School of Arts

Former shop building

Public School

Public School residence

St. Paul’s Free Presbyterian Church, pt lot 11 section 12 DP 758979

Dwelling, No 49, lot 30 DP 730384

Washington Street

Dwelling, lot 12, section 2 DP 758979

Winter Street

Anglican Church, lot 8 section 2 DP 758979

Upper Lansdowne

St Barnabas Anglican Church

Wherrol Flat

Wherrol Flat Hall

Wingham

Bent Street

Anglican Church and Rectory, lot 6, 10 section 18 DP 759099

Gibson and Skinner Butcher Shop, lot 1B DP 418584

Australian Hotel and stables, lot 1 DP 781806

W.R. Maitland building (shopfront only)

Wingham Chronicle building, lot B DP 918591

Westpac Bank, lot A DP 918591

Maitlands building adjacent to Westpac Bank, lot 2 DP 589449

Wingham Arcade building, lot 11, 12 DP 625165

Street Canary Island Palm trees

Bungay Road

Dwelling, No 1, lot 20 DP 381057

Dwelling, No 2, lot 1 DP 780647

Dwelling, No 4, lot 2 DP 206884

Dwelling, No 16, lot 4 DP 337940

Canget Street

Dwelling, No 42, lots 10 & 11 section C DP 5434

Combined Street

Dwelling, No 13, lot 9 section 22. DP 759099

Dwelling, No 21, lot 1 DP 798619

Dwelling, No 31, lot 19 DP 38335

Dwelling, No 68, lot 183 DP 566770

Dennes Street

Stationmasters Cottage, Rail Land, No 1

Farquhar Street

Craft centre (former Courthouse)

Police Lockup and Residence, pt lot 1 section 18 DP 759099

Catholic Church, lot 3 section 18 DP 759099

Museum building, lot 30 DP 568926

Dwelling, No 16, lot 2 DP 358123

Dwelling, No 20, lot 27 DP 437378

Dwelling, No 43, lot B DP 323383

Dwelling, No 45, lot 13 section 5 DP 759099

Dwelling, No 47, lot 14 section 5 DP 759099

Town Hall, No 52, lot 124 DP 713925

Dwelling, No 64, lot 11 section 6 DP 759099

Dwelling, No 66, lot B DP 394104

Central Park

Wingham Brush

Isabella Street

Dwelling, No 22, lot 4 DP 600303

Dwelling, No 40, lot 4 DP 781830

Shop (former theatre building), No 16, lot B DP 321956

Shop, No 89, pt lot 5 section 16 DP 759099

Shop, No 95, lot 1 DP 781828

Shop, No 97, lot 1 DP 313276

Shop, No 99, pt lot 4 DP 925163

Baby Health Centre and CWA Rooms, No 91, pt lot 5 section 16 DP 759099

National Bank building, lot 1 DP 798615

Wingham Hotel & Stables, lot A DP 154822

Moon Street

Dwelling, No 46, lot 1 section 51 DP 759099

Taree Road

Lincoln Brick Works

Wynter Street

Wingham Brush Public School, lot 1 section 20 DP 759099

Post Office, lot 20 DP 773785

Council office (former School of Arts), lot 3 section 20 DP 759099

2   Industrial items

Chatham

Former lime quarry site, Cowper Street

Limekiln wharf site, Nelson Street

Manning Valley Dairy Cooperative, Pitt Street

Coopernook

Bascule bridge, Pacific Highway

Wharf remains, off Pacific Highway

Croki

Wharf and Punt sites, Croki Road

Lansdowne

Concrete road bridge, Lansdowne Road

Railway bridge, off Lansdowne Road

Wharf remains, off Lansdowne Road

Langley Vale Timber Tramway remains, off Lansdowne Road

Marlee

Duff’s Bridge, Bobin Road

Marlee Bridge, Bobin Road

Taree

Martin Bridge, Pacific Highway

Railway Station and railway yards, Olympia Street

Petersville Milk Products Factory, Railway Parade

Wreck of the vessel “Manning”, River Street

Former Lime Kiln Wharf, Nelson Street

Manning River Dairy, Pitt Street

Wherrol Flat

Concrete road bridge, Wherrol Flat Road

Suspension bridge, off Wherrol Flat Road

Wingham

Wingham Wharf, off Farquhar Street

Sawpits, off Farquhar Street

Former Butter Factory, Primrose Street

Wyoming

Sugar Mill remains

3   Cemeteries

Burrell Creek

Bo Bo General Cemetery, Bucketts Way

Easton Family Cemetery, Bucketts Way

Johnston Grave, lot 3 DP 753152, Kimbriki Road

Scott Grave, Bucketts Way

Coopernook

General Cemetery

Cundle Flat

Graves on Paynton’s or White’s property

Graves on “Tie-rye”

Cundletown

Dawson River Cemetery

Failford

General Cemetery, Pacific Highway

Harrington

Graves on Pilot Hill

Karkatt

Lone Grave (Kerr)

Killabakh

General Cemetery

Killawarra

Murray Graves, Bootawa Road

Kolodong

Woola Woola Cemetery, Woola Woola Road

Krambach

General Cemetery, Firefly Creek Road

Priests’ Graves beside Catholic School

Lansdowne

General Cemetery

Marlee

General Cemetery, Marlee Road

Mitchells Island

Anglican Cemetery

General Cemetery

Mondrook

McLeod Family Graves, Wingham-Tinonee Road, lot 22 DP 713007

Moorland

General Cemetery, off Pacific Highway

Mount George

Site of General Cemetery (fenced, unused)

Oxley Island

General Cemetery

Redbank

General Cemetery, Old Bar Road

Rowleys River

Homewood Cemetery on “Ivy Bank”, Nowendoc Road

Gibson Family Cemetery, Nowendoc Road

Taree

Taree Estate Private Cemetery, Edinburgh Drive

Tinonee

General Cemetery, Bucketts Way

Wingham

General Cemetery, off Bungay Road

The Bight Cemetery, Wingham-Tinonee Road

Hill Family Private Cemetery on “Bungay”

Woodside

Private Cemetery, off North Coast Railway

Schedule 3 Public utility undertakings

(Clause 7)

1 The carrying out of public utility undertakings of: (a) the State Rail Authority required for the transport of goods, passengers, livestock and freight, including the construction, reconstruction, alteration, maintenance or repairs of ways, works and plant, with associated workshops, garaging facilities, freight and parcel terminals and facilities for staff, and (b) commercial development of a minor nature related to travel arrangements generally or ancillary to railway undertakings, being shops, kiosks, refreshment rooms and the like, predominantly for the use of rail passengers, but excluding new railways, railway stations and bridges which are new or require major alteration, or the formation of a major vehicular or pedestrian access to a road.

2 The carrying out of public utility undertakings being water, sewerage, drainage, electricity or gas undertakings, or of any work for: (a) the laying of a pipeline, electricity cable or other development of any description predominantly at or below the surface of the ground but excluding development of a type listed elsewhere in this clause, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station, or substation established before the appointed day or of any plant or other structures or erections required in connection with the station or substation, (c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housings, but not including the erection of overhead lines operating at a voltage of 650 volts or greater for the supply of electricity, or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickwork, (d) the provision of overhead service lines operating at a voltage of less than 650 volts, with associated supports, insulators and other ancillary apparatus, in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired, or in the process of being acquired, for those purposes before the appointed day, provided reasonable notice of the proposed erection is given to the Council, (f) the pruning, cutting and removal of trees and shrubs as required to comply with the Department of Energy’s “ Guidelines for Tree Planting and Maintaining Safety Clearances near Power Lines ”, published in conjunction with the Department of Local Government, for electricity supply and local government authorities, or (g) any other development of a kind not listed elsewhere in this clause, except that which involves: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as to affect materially the design or external appearance of buildings, or (ii) the formation of a major vehicular or pedestrian access to a road.

3 The carrying out of public utility undertakings being water transport and port undertakings, including the provision of navigational facilities, or of any work for: (a) any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, or (b) any other development of a kind not listed elsewhere in this clause, except other development which involves: (i) the erection of buildings and the reconstruction or alteration of buildings so as to affect materially their design or external appearance, or (ii) the formation of a major vehicular or pedestrian access to a road.

4 The carrying out of public utility undertakings being wharf, river or port undertakings, including the provision of navigational facilities, or of any work for: (a) any development required for the purpose of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, or (b) any other development of a kind not listed elsewhere in this clause, except other development which involves: (i) the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as to affect materially their design or external appearance, or (ii) the formation of a major vehicular or pedestrian access to a road.

5 The carrying out of public utility undertakings being air transport undertakings, or of any work for: (a) any development required in connection with the movement of traffic by air, including the construction, reconstruction, alterations, maintenance and repair of ways, buildings, wharves, works and plant for that purpose, or (b) any other development of a kind not listed elsewhere in this clause, except other development which involves: (i) the erection of buildings and the reconstruction or alteration of buildings so as to affect materially their design or external appearance, or (ii) the formation of a major vehicular or pedestrian access to a road.

6 The carrying out of public utility undertakings being road transport undertakings, or of any work for: (a) any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, or: (b) any other development of a kind not listed elsewhere in this clause, except other development which involves: (i) the erection of buildings and the reconstruction or alteration of buildings so as to affect materially their design or external appearance, or (ii) the formation of a major vehicular or pedestrian access to a road.

7 The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, within an existing road reservation designated by an environmental planning instrument, except major widening, realignment or relocation of such road involving the use of land outside of an existing road reservation designated by an environmental planning instrument.

8 The carrying out or the causing to be carried out of any forestry work by the Forestry Commission, School Forest Trust or Community Forest Authorities empowered under the relevant Acts to undertake afforestation, road construction, protection, cutting and marketing of timber, and other forestry purposes under such Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916 .

9 The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except development which involves: (a) the erection of buildings and the reconstruction or alteration of buildings so as to affect materially their design or external appearance, or (b) any development designed to change the use or purpose of any such reserve.

10 The carrying out or causing to be carried out by a council engaged in flood mitigation works or river management works, or by the Department of Land and Water Conservation or the Department of Public Works and Services or by any person authorised by the Council or either of those Departments of any work for: (a) the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation, river management, stream gauging, water resource assessment or drainage in pursuance of, or under authority of the provisions of any Commonwealth or State Act (including but without limiting the generality of the foregoing) the Water Act 1912 , the Irrigation Act 1912 , the Farm Water Supplies Act 1946 , the Rivers and Foreshores Improvement Act 1948 , the Public Works Act 1912 , the Water Administration Act 1986 , and various other Irrigation Acts and various enabling Acts, or (b) any other development of a kind not listed elsewhere in this clause, except other development which involves: (i) the erection of buildings, installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as to affect materially their design or external appearance, or (ii) the formation of a major vehicular or pedestrian access to a road.

11 The carrying out or causing to be carried out by the Department of Land and Water Conservation, the Catchment Areas Protection Board, the owner or occupier of any land, or by any public authority, of works and measures for the conservation of soil and water and the mitigation of soil erosion and land degradation in pursuance of the provisions of the Soil Conservation Act 1938 , and sections 26D and 26DA of the Water Act 1912 .

Schedule 4 Traffic generating purposes on arterial roads

(Clause 35)

Business premises
Caravan parks
Education establishments
Extractive industries
Hazardous storage establishments
Hospitals
Hotels
Industries (other than home industries or rural industries)
Motels
Places of worship
Recreation facilities
Recycling yards
Registered clubs
Restaurants
Retail plant nurseries
Roadside stalls
Sawmills
Service stations
Stock and saleyards
Tourist facilities
Transport depots
Vehicle repair stations
Warehouses or distribution centres

Schedule 5 Development for certain additional purposes

(Clause 46)

Column 1	Column 2
Land	Development
Land in the vicinity of Blackhead Road, Hallidays Point, as shown hatched on the map.	Subdivision to create not more than one allotment for each 4,000 square metres of land; development for the purpose of one dwelling on each allotment created.
Lot 7, Section 81, DP 5525 and Lot 24, DP 503278, Florence Street, Taree.	Development for the purpose of professional offices.
Lot 15 DP 576414 Diamond Beach Road, Diamond Beach	Subdivision of land to create allotments each having an area of not less than 4,000 square metres, and development for the purpose of a dwelling (including a duplex dwelling) on land zoned 1 (c1) or 7 (a) within each allotment created, subject to the condition that pedestrian access from the land being subdivided to the reserve adjacent to the eastern boundary of that land is limited to a single pathway.
Lot 131 DP 753146 Tallwood Drive, Rainbow Flat	Subdivision of land to create approximately 35 rural residential cluster allotments each having an area of not less than 2700m2 on land zoned 1 (c1), but only if the Council is satisfied that, after the subdivision, trees within 20 metres of the Tallwood Drive frontage will not be removed without the written approval of the Council.
So much of Lot 53, DP 836998, The Bucketts Way, Taree South, as is within Zone No 6 (b) and shown edged heavy black and lettered “6 (b)” on the map marked “Greater Taree Local Environmental Plan 1995 (Amendment No 46)”	Development for the purpose of a manager’s residence, in conjunction with an existing landscaped garden.
So much of Lot 111 DP 815853, Banyula Drive, Old Bar within the northwestern triangular corner of the lot, as is shown edged heavy black and lettered “7 (a)” on the map marked “Greater Taree Local Environmental Plan 1995 (Amendment No 54)”	Development for the purpose of a dwelling.
Lot 895, DP 1079140, Grangewood Avenue, Tallwoods Village, Hallidays Point.	Development for the purpose of medium density housing, comprising a maximum of 37 units.
Lots 1 and 2, DP 333852, Lots A, B and C, DP 164674, Lot 4, Sec 4, DP 3933, Lots 1 and 2, DP 784833 and Lot 15, DP 330007, Victoria Street, Taree.	Development for residential, retail or commercial purposes or development that will cater to tourists such as development for the purposes of tourist accommodation, restaurants, take away food outlets or other facilities or any combination of those purposes, but only if the Council is satisfied that the proposed development: (a)  will not result in a floor space ratio that exceeds 2:1, and (b)  will not be greater than 5 storeys.

sch 5: Ins 13.12.1996. Am 12.2.1999; 11.2.2000; 2.2.2001; 30.5.2003; 24.12.2003; 18.3.2005; 2006 (141), Sch 1 [2]; 2007 (461), Sch 1 [2].

Schedule 6 Classification and reclassification of public land as operational land

(Clause 46A)

Hallidays Point
St. Andrews Drive	Lot 31, DP 845813

sch 6: Ins 4.7.1997.