Lockhart Local Environmental Plan 1995

Part 1 Preliminary

1 Name of plan

This plan may be cited as Lockhart Local Environmental Plan 1995.

2 Aims, objectives etc

The general aims of this plan are:

(a)  to encourage the proper management, development and conservation of natural and man-made resources within the Lockhart Shire Council’s area by protecting, enhancing or conserving:

(i)  prime crop and pasture land,

(ii)  timber, minerals, soil, water and other natural resources,

(iii)  areas of significance for nature conservation, and

(iv)  areas of high scenic or recreational value,

(b)  to replace the existing planning controls with a single local environmental plan to help facilitate growth and development within the Lockhart Shire Council’s area in a manner which is consistent with the aims specified in paragraph (a) and which:

(i)  minimises the costs to the community of fragmented and isolated development of rural land,

(ii)  facilitates the efficient and effective delivery of amenities and services,

(iii)  facilitates a range of residential and employment opportunities in accordance with demand,

(iv)  facilitates farm adjustments, and

(v)  ensures that the efficiency of arterial roads is not adversely affected by development on adjacent land,

(c)  to reduce the incidence of damage to areas subject to flooding by restricting development on flood liable land,

(d)  to prevent and control land degradation,

(e)  to use land within its capability,

(f)  to conserve the environmental heritage of the Lockhart Shire Council’s area,

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

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

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

3 Land to which plan applies

This plan applies to all land within the Lockhart Shire Council’s area as shown on the map, with the boundaries as indicated on the map.

4 Relationship to other environmental planning instruments

Interim Development Order No 1—Shire of Lockhart, and such local environmental plans and other deemed environmental planning instruments as, immediately before the appointed day, applied to the land to which this plan applies are, to the extent to which they so applied, repealed.

5 Interpretation

(1)  In this plan:

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

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

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, other than changes that merely maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

animal boarding or training establishment means a place for the commercial boarding, breeding, keeping, or training of animals and includes a riding school and veterinary clinic.

appointed day means 30 June 1990.

arterial road means an existing road indicated on the map by heavy black lines.

caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.

Council means the Lockhart Shire Council.

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

dwelling means a room or a number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

existing holding means:

(a)  except as provided by paragraph (b)—the area of a lot, portion or parcel of land as it was as at 30 June 1990, or

(b)  if, as at 30 June 1990, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the combined area of the lots, portions or parcels as they were as at 30 June 1990.

flood liable land means land identified by the Council on a map marked “Flood Liable Land Map” as being land which is subject to flooding.

hazardous industry means an industry which, when in operation and when all measures proposed to 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.

heritage conservation area means an area of heritage significance, being the land shown hatched and marked “Heritage Conservation Area” on the map.

heritage item means a building, work, relic, tree, or place of heritage significance to the Lockhart Shire Council’s area described in Schedule 1.

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

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

(a)  feed lots,

(b)  piggeries,

(c)  poultry farms, and

(d)  similar places,

but does not include and animal boarding or training establishment, land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land, or land used for the supplementary or drought feeding of livestock.

land degradation means any decline in the quality of natural land resources caused through improper use of the land by humans and includes a decline in soil fertility, organic matter, structure, adverse changes in salinity, acidity or alkalinity and the effects of toxic chemicals or excessive flooding, the adverse effects of erosion, sedimentation, overgrazing, excess cultivation, overclearing of vegetation, non-rehabilitated extractive industries and increases in noxious plants and animals.

land capability means the ability of land to accept a type and intensity of use permanently or for specified periods under specific management without permanent damage. For example, land may be capable of crop production or grazing or woodland. If land is used beyond its capability it loses its productive capacity and becomes degraded.

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

offensive industry means an industry which, when in operation and when all measures proposed to 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 noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development of other land in the locality.

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

recreation area means:

(a)  a children’s playground,

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

(c)  an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i)  a public authority, or

(ii)  a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.

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

the Act means the Environmental Planning and Assessment Act 1979.

the map means the set of maps marked “Lockhart Local Environmental Plan 1995”, as amended by the maps (or specified sheets of the maps) marked as follows:

Lockhart Local Environmental Plan 1995 (Amendment No 1)

tree includes a sapling or a shrub.

(2)  In this plan, a reference to the destruction of a tree is a reference to the ringbarking, cutting down, felling, poisoning, topping, lopping, removing or otherwise destroying or injuring of a tree.

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

cl 5: Am 12.9.1997; 17.3.2000.

6 Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980, except for:

(a)  the definition of map in clause 4 (1), and

(b)  clauses 15, 16, 19, 20, 21, 22 and 23,

are adopted for the purposes of this plan.

7 Consent authority

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

Part 2 Zones

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

Zone No 1 (a) (General Rural)—edged heavy black and lettered “1 (a)”,

Zone No 2 (v) (Village or Urban)—edged heavy black and lettered “V”.

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to the land within a zone specified in the Table to this clause, the purposes (if any) for which:

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

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

(c)  development is prohibited,

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

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

Table

Zone No 1 (a)   (General Rural)

1 Objectives of zone

The objectives of this zone is to promote the proper management and utilisation of resources by:

(a)  protecting, enhancing and conserving:

(i)  agricultural land in a manner which sustains its efficient and effective agricultural production potential,

(ii)  soil stability by controlling and locating development in accordance with soil capability,

(iii)  forests of existing and potential commercial value for timber production,

(iv)  valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits,

(v)  trees and other vegetation in environmentally sensitive areas where the conservation of the vegetation is significant to scenic amenity or natural wildlife habitat or is likely to control land degradation,

(vi)  water resources for use in the public interest,

(vii)  areas of significance for nature conservation, including areas with rare plants, wetlands and significant habitats, and

(viii)  places and buildings of archaeological or heritage significance, including Aboriginal relics and places,

(b)  preventing the unjustified development of prime crop and pasture land for purposes other than agriculture,

(c)  facilitating farm adjustments,

(d)  minimising the cost to the community of:

(i)  fragmented and isolated development of rural land, and

(ii)  providing, extending and maintaining public amenities and services, and

(e)  providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development.

2 Without development consent

Agriculture (other than ancillary dwellings and intensive livestock keeping establishments).

3 Only with development consent

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

4 Prohibited

Motor showrooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area).

Zone No 2 (v)   (Village or Urban)

1 Objectives of zone

The objective of this zone is to promote development in existing towns and villages in a manner which is compatible with their urban function.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4.

4 Prohibited

Extractive industries; intensive livestock keeping establishments; mines; offensive and hazardous industries.

Part 3 Special provisions

9A What is exempt development and complying development?

(1)  Development of minimal environmental impact listed in Schedule 1 to Development Control Plan No 1 as adopted by the Council on 15 November 1999 is exempt development.

(2)  Development listed in Schedule 2 to Development Control Plan No 1 as adopted by the Council on 15 November 1999 is complying development if:

(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b)  it is not an existing use as defined in section 106 of the Act.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 1 as adopted by the Council on 15 November 1999.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 1 as adopted by the Council as in force when the certificate is issued.

cl 9A: Ins 17.3.2000.

10 General considerations for development within General Rural Zone

(1)  The Council shall not consent to an application to carry out development on land within Zone No 1 (a) unless it has taken into consideration, if relevant:

(a)  the effect of the carrying out of that development on:

(i)  the present use of the land, the potential use of the land for the purposes of agriculture and the potential of any of the land which is prime crop and pasture land for sustained agricultural production,

(ii)  vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights),

(iii)  the future recovery from known or prospective areas of valuable deposits of minerals, coal, petroleum, sand, gravel or other extractive materials,

(iv)  the protection of areas of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and

(v)  future expansion of settlements in the locality, and

(b)  the cost of providing, extending and maintaining public amenities and services to the development.

(2)  As well as the matters referred to in subclause (1), the Council shall take into consideration the relationship of the development to development on adjoining land or on other land in the locality.

(3)  Subclause (1) does not apply to development, being:

(a)  an addition to a building or work,

(b)  development ancillary to a purpose for which development may be carried out with the consent of the Council under this plan, or

(c)  the erection of a dwelling-house on an allotment of land created in accordance with this plan for the purpose of a dwelling.

11 Allotment sizes for dwellings in Village Zone—The Rock

(1)  The minimum size allotment required for the election of a dwelling-house on land within Zone No 2 (v) (being land shown in a distinctive manner on the map and generally bounded by Railway Street, Hill Street, Pine Street, Emily Street, Milne Road and Mangoplah Road) is 2,000 square metres.

(2)  The minimum size allotment required for the erection of a dwelling-house on land within Zone No 2 (v) (being land shown in a distinctive matter on the map and generally bounded by Railway Street, Watson Street, Semmons Road, Commens Street, Milne Road, Emily Street, Pine Street and Hill Street) is 1 hectare.

(3)  Notwithstanding subclauses (1) and (2), an existing owner at the appointed day, and only that owner, may erect a dwelling-house on a lot described in either subclause (1) or (2) where the area of the allotment is less than that prescribed in the relevant subclause and there is not contiguous land in the same ownership such as would permit aggregation or consolidation in order to attain or exceed the minimum lot size requirement.

12 Subdivision of land generally

(1)  A person shall not subdivide land to which this plan applies except with the consent of the Council.

(2)  Before granting consent to an application to subdivide land within Zone No 1 (a), the Council must consider a report that:

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

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

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

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

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

13 Subdivision for the purposes of agriculture in Zone No 1 (a)

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

(2)  Subject to subclause (3), the Council may consent to the creation of an allotment of any area if it is satisfied that the allotment will be used for the purposes of agriculture.

(3)  The Council shall not consent to the creation of an allotment it is satisfied is intended to be used for the purposes of agriculture if the allotment has an area of less than 40 hectares and there is a dwelling on the allotment.

(4)  Notwithstanding subclause (3), the Council may consent to the creation of one but not more than one allotment from an existing holding on which a dwelling stands if that dwelling was lawfully erected on that land on or before the appointed day and the Council is satisfied that the allotment will be used for the purposes of agriculture.

14 Subdivision for the purposes of dwellings in Zone No 1 (a)

The Council may consent to the creation of not more than 2 allotments which the Council is satisfied are intended to be used for the purposes of a dwelling-house from an existing holding within Zone No 1 (a) but only if:

(a)  each allotment has an area of not less than 0.6 hectares and not more than 5 hectares,

(b)  the existing holding has an area of not less than 40 hectares, and

(c)  the creation of the allotments is unlikely to adversely affect the existing and potential land capability of the land and adjacent land to produce food or fibre or to be used for other agricultural purposes.

15 Subdivision for other purposes in Zone No 1 (a)

(1)  The Council shall not consent to an application to subdivide land within Zone No 1 (a) if the council is satisfied that any allotment to be created by the subdivision is to be used primarily for the purposes other than agriculture or a dwelling, unless, in the opinion of the Council:

(a)  none of the land the subject of the application is prime crop and pasture land, and

(b)  the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created.

(2)  Nothing in subclause (1) prevents the Council from granting consent to an application to subdivide land to create an allotment which the Council is satisfied is to be used for a purpose other than agriculture or a dwelling if the Council is satisfied that:

(a)  the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality,

(b)  no other land in the locality could reasonably be used for that purpose, and

(c)  the level of demand for the goods or services which are to be supplied from the allotment and the extent to which that allotment is proposed to be used to meet that demand justifies the creation of the allotment notwithstanding its agricultural value.

16 Subdivision of land in Zone No 2 (v)

The Council shall not consent to an application to subdivide land within Zone No 2 (v) to create an allotment which the Council is satisfied is to be used for the purpose of a dwelling-house or a use ancillary to that use unless that allotment has an area of not less than:

(a)  in the case of land described in clause 11 (1)—2000 square metres, or

(b)  in the case of land described in clause 11 (2)—1 hectare, or

(c)  in all other cases—850 square metres.

17 Dwellings in Zone No 1 (a)

(1)  A person shall not erect a dwelling on land within Zone No 1 (a) unless:

(a)  the land has an area of 40 hectares or more, or

(b)  the land comprises:

(i)  an existing holding on which a dwelling could have been legally erected immediately before the appointed day,

(ii)  an allotment created under clause 14 or 15, or

(iii)  an allotment created in accordance with a consent granted before the appointed day, being an allotment on which a dwelling could have been erected immediately before the appointed day.

(2)  Except as provided by clause 18, only one dwelling may be erected on an allotment of land in Zone No 1 (A).

18 Erection of additional dwellings in Zone No 1 (A)

The Council may consent to the erection, on an allotment of land within Zone No 1 (A), of not more than 2 dwellings in addition to an existing dwelling on the allotment (including the alteration of an existing dwelling to create 2 dwellings) if:

(a)  a dwelling can be erected on the land in accordance with clause 17 (1) (a), and

(b)  no additional access to a public road is required from the land, and

(c)  separate ownership of the dwellings can only be achieved by a subsequent subdivision of the land in accordance with this plan, and

(d)  in the opinion of the Council, each dwelling to be erected or created on the land will not interfere with the purpose for which the land is being used, and

(e)  the land is not prime crop and pasture land, unless the erection or creation of each dwelling on prime crop and pasture land is considered justifiable in the opinion of the Council having regard to the practical and economic provision of access and services to the proposed dwelling.

19 Applications that must be advertised

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development specified in Schedule 2 in the same way as those provisions apply to and in respect of designated development.

20 Development along arterial roads

(1)  This clause applies to land:

(a)  having frontage to an arterial road,

(b)  to which the sole means of access is an arterial road, or

(c)  to which there is access from a road which intersects with an arterial road, where the point of access is within 90 metres of the intersection of the road and the arterial road.

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

(a)  whether the development, by its nature or intensity or the volume and type of traffic likely to be generated, is likely to constitute a traffic hazard or to materially reduce the capacity and efficiency of the arterial road to carry traffic,

(b)  whether the development is of a type, whether or not related to the characteristics of the land on which it is proposed to be carried out, that justifies a location in proximity to an arterial road,

(c)  whether the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on the arterial road will not be impeded, and

(d)  the extent to which the development might prejudice future improvements or realignment of the arterial road, as may be indicated to the Council from time to time by the Chief Executive of the Roads and Traffic Authority.

21 Flood liable land

The Council may refuse consent to the carrying out of any development on land to which this plan applies which, in its opinion, will:

(a)  affect the flood level at any point above or below the proposed site of the development,

(b)  increase, to a substantial degree, the flow of water on any adjoining lands,

(c)  cause soil erosion, siltation or destruction of bank vegetation of any watercourse,

(d)  affect the water table on any adjoining land,

(e)  adversely affect the bank stability of any watercourse, or

(f)  adversely affect the water quality of any watercourse.

22 Heritage items

(1)  A person shall not, in respect of a building, work, relic, place or tree that is a heritage item:

(a)  demolish or alter the building or work,

(b)  damage or move the relic,

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

(d)  damage or despoil the place or tree,

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

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

except with the consent of the Council.

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

23 Development in the vicinity of heritage items

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

24 Heritage conservation areas

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

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

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

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

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

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

except with the consent of the Council.

(2)  The Council shall not grant consent to an application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area.

25 Heritage advertisements and notifications

(1)  Except as provided by subclause (2):

(a)  the provisions of sections 84, 85, 86 (1) and 90 of the Act apply to and in respect of:

(i)  the demolition of a building or work that is a heritage item, and

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

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

(b)  where a person makes a development application to demolish a building or work that is a heritage item, the Council shall not grant consent to that application until 28 days after the Council has notified the Secretary of the Heritage Council of its intention to do so.

(2)  Subclause (1) does not apply to the partial demolition of a heritage item or of a building or work within a heritage conservation area if, in the opinion of the Council, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the Lockhart Shire Council’s area.

26 Provisions relating to heritage items covered by a conservation instrument

Clauses 22, 24 and 25 shall not apply where the building, work, relic or place that is a heritage item or is within a heritage conservation area is the subject of a conservation instrument within the meaning of, and made pursuant to, Part 2 of the Heritage Act 1977.

27 Access

A person, other than the Council, shall not construct a road which has access to a public road except with the consent of the Council.

Schedule 1 Heritage items

(Clause 5 (1))

1  Galore Hill Nature Reserve, Lockhart, Reserve No 86660 for Public Recreation.

2  The Rock Nature Reserve, Nature Reserve No 24.

3  Brookong Cemetery, Part Portion 5, Parish of Brookong.

4  Ashcroft Cemetery. Plan within the Dealing A No 687550.

5  Lutheran Church and Cemetery, Milbrulong, Part Portion 70, Parish of Lockhart.

6  Old Urangeline Woolshed, Portion 198, Parish of Urangeline, DP 528687.

7  Grandstand and Public Bar, Lockhart Showground.

8  Lutheran Church and Cemetery, Pleasant Hills.

9  Mittagong Church, Portion 109, Parish of Mundawaddery.

10  Catholic Church, Yerong Creek.

11  The Rock Railway Station Building.

12  Chinese Crossing, Noske Lane, Yerong Creek.

Schedule 2 Development that must be advertised

(Clause 19)

1  The demolition of a building or work that is a heritage item, or is within a heritage conservation area, not being a partial demolition, which in the opinion of the Council, is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Lockhart Shire Council’s area.

2  Development for the purpose of boarding houses; hotels/motels; residential flat buildings.

3  Development for the purpose of industries in Zone No 1 (a) or 2 (v).

4  Development for the purpose of intensive livestock keeping establishments; junk yards; liquid fuel depots; saw-mills; stock and sale yards.

5  Any other development which, in the opinion of Council, may have a significant impact on the environment.