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Part 1 Preliminary

1 Name of plan

This plan is Campbelltown Local Environmental Plan No 209—Exempt Development.
cll 1: Am 7.12.2001.

2 Aims of plan

The aims of this plan are to:
(a)  provide for exempt development in the City of Campbelltown to allow small scale, low impact development, that is associated with existing development, to proceed in an efficient manner, and
(b)  ensure that exempt development does not result in any environmental nuisance or interference with the amenity, environmental protection or rural character of the neighbourhood in which it is carried out because of the emission of noise, vibration, smell, dust, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit or oil or otherwise, and
(c)  ensure that the cumulative impact of development classed as exempt development does not detrimentally affect the amenity of the City of Campbelltown, and
(d)  limit the amount of exempt development that can be carried out on a particular allotment of land, and
(e)  maintain the amenity of residential areas by ensuring that a certain amount of private open space is retained on each residential property, to allow for adequate sunlight, drainage and the like, and
(f)  respect the urban design, streetscapes, rural character, environmental qualities and aesthetic and scenic qualities of the Campbelltown local government area, and ensure that these are maintained, and
(g)  limit the area of a particular property that can be used for the carrying out of exempt development, and
(h)  ensure that development is undertaken in accordance with the principles of ecologically sustainable development.
cll 2: Am 7.12.2001.

3 Notes

Notes in this plan do not form part of this plan.

4 Land to which this plan applies

This plan applies to land within the City of Campbelltown shown edged heavy black on the map marked “Campbelltown Local Environmental Plan No 209—Exempt Development” deposited in the office of the Council.
cl 4: Subst 7.12.2001.

5 Relationship to other environmental planning instruments

This plan prevails to the extent of any inconsistency with any other local environmental plan or deemed environmental planning instrument that applies to land to which this plan applies.

6 (Repealed)

cl 6: Rep 7.12.2001.

7 Interpreting this plan

Some terms in this plan have a particular meaning which is set out in the Dictionary in Schedule 2.

8 What is exempt development?

(1) Development listed in Schedule 1 is exempt development, except as provided by subclauses (2)–(4).
(2) Development is exempt development only if:
(a)  it is not prohibited by another environmental planning instrument or deemed environmental planning instrument applying to the land, and
(b)  it does not cause a nuisance or interference with the amenity, environmental protection or rural character of the neighbourhood because of the emission of noise, vibration, smell, dust, fumes, smoke, vapour, steam, soot, ash, waste water, waste products, grit or oil or otherwise, and
(c)  it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(d)  it complies with any relevant standards set for the development by this plan, and
(e)  it does not contravene any condition of a development consent applying to the land, and
(f)  it does not obstruct drainage of the land on which it is carried out, or allow concentrated drainage to be directed from the land onto adjacent land, and
(g)  it does not restrict an overland flow path of water, and
(h)  it does not restrict any vehicular, pedestrian or emergency service access to or from a property, and
(i)  it is carried out at least one metre from any easement or public sewer main and complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and
(j)  it does not interfere with any water or sewer main surface fittings unless appropriate adjustments are made by arrangement with Sydney Water Corporation, and
(k)  it does not require a tree to be removed, and
(l)  it is not inconsistent with the terms and conditions of any easement, profit à prendre or restriction relating to the land and referred to in Section 88B of the Conveyancing Act 1919, and
(m)  it will not result in the total hard surface area of the land on which it is carried out exceeding any limit provided in an environmental planning instrument or development control plan applying to the land, and
(n)  on land within a residential zone under an environmental planning instrument, any structures resulting from the carrying out of the development will not reduce by more than 40% the private open space required for each dwelling under Development Control Plan No 79—Residential Development as adopted by Council on 30 May 1995.
(3) Development is not exempt development if it is carried out on land that:
(a)  is located within the Queen Street Heritage Conservation Area identified in Campbelltown Development Control Plan No 27 as adopted by Council on 3 March 1992, or
(b)  is or is part of the curtilage of a heritage item, or
(c)  is identified on a map kept in the office of the Council as an archaeological site or potential archaeological site, or
(d)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(e)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(f)  is an aquatic reserve declared under the Fisheries Management Act 1994, or
(g)  is within the area identified by the Non-Development Line on the map supporting Campbelltown Local Environmental Plan No 1, or
(h)  is within any of the following zones identified in Campbelltown Local Environmental Plan—District 8 (Central Hills Lands):
(i)  Zone No 5 (a) Special Uses “A” (Water Supply),
(ii)  Zone No 5 (c) Proposed Local Roads and Local Roads Widening,
(iii)  Zone No 5 (d) Special Uses “D” (Railways),
(iv)  Zone No 6 (dc) Open Space (Regional), or
(i)  is within the area identified as Escarpment Preservation Area on the map supporting Campbelltown Local Environmental Plan—District 8 (Central Hills Lands), or
(j)  is within Zone No 6 (a) Local Open Space or Zone No 7 (1) Environmental Protection (Plateau) identified in Campbelltown Local Environmental Plan No 32, or
(k)  is within Zone No 5 (a) Special Uses “A” and is identified for the purpose of Quarry, Water Purposes or Reservoir on the I.D.C. Map supporting Interim Development Order No 13—City of Campbelltown, or
(l)  is within Zone No 5 (b) Special Uses “B” (Roads) or Zone No 6 (b) Open Space (Regional) identified in Interim Development Order No 13—City of Campbelltown, or
(m)  is within Zone No 5 (a) Special Uses “A” identified for the purpose of Water Supply on the I.D.C. Map supporting Interim Development Order No 15—City of Campbelltown, or
(n)  is within Zone No 5 (c) Special Uses “C” Water Catchment identified in Interim Development Order No 15—City of Campbelltown, or
(o)  is within Zone No 6 (c) Open Space (Regional) identified in Interim Development Order No 28—City of Campbelltown.
(4) Development listed in Part 2 of Schedule 1 is not exempt development if it is to be carried out on land identified as being subject to “high” hazard on the bushfire hazard map.
(5) The erection and use of an advertising sign or structure referred to in Part 4 of Schedule 1 is exempt development only if the sign or structure:
(a)  is not moving or flashing, or painted on an external wall or fabric or blind, or in the form of a poster or sticker, and
(b)  is at least 600mm from the edge of the carriageway when adjacent to a public road, and
(c)  is located within the boundaries of the property to which it applies (other than below awning and awning fascia signs), and
(d)  relates to the use of the building on which it is located (except for temporary signs), and
(e)  is not detrimental to the character and functioning of the building on which it is located, and
(f)  reflects the character and style of the buildings on which it is located, and
(g)  complements the character of the surrounding locality.
Note—
Section 76 (3) of the Environmental Planning and Assessment Act 1979 says that exempt development cannot be carried out on land that is:
(a)  critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or
(b)  within a wilderness area (within the meaning of the Wilderness Act 1987).
cll 8: Am 7.12.2001.

9 Other provisions relating to exempt development

(1) Any soil removed from land to enable the carrying out of exempt development:
(a)  must not be removed in a way that would increase the likelihood of erosion, and
(b)  must not be put in any place in which it might obstruct any flow (or likely flow) of water, or contaminate a waterway.
(2) Any patches of bare soil remaining after the completion of any construction required by the exempt development must be revegetated as soon as possible.
(3) If, during the carrying out any exempt development any Aboriginal place or relic, any other relic, or any human remains, are discovered:
(a)  the Council must be notified of the discovery as soon as possible, and
(b)  the carrying out of the development must be discontinued, and may be resumed only in accordance with any written directions of the Council.
(4) A person who carries out exempt development must have regard to the objectives of Development Control Plan No 95—Controls for Waste Management in Development, Construction and Demolition adopted by the Council as at 1 January 2001.
cll 9: Am 7.12.2001.

Schedule 1 Exempt development

(Clause 8)

Part 1 Erection of minor structures and other minor development

Access ramps
Construction and use of accessways suitable for use by the disabled, being ramps which:

(a) do not exceed 1 per entrance or exit, and

(b) are above ground level, and

(c) do not exceed a height of 1 metre, and

(d) do not exceed a maximum grade of 1:14 (7%), and

(e) include a guard rail for safety purposes, and

(f) are constructed in accordance with AS1428.1.

Aerials/antennae/microwave antennae
Erection and use of aerials or antennae for domestic use, being aerials or antennae which:

(a) are limited to one per dwelling house, and

(b) are no more than 3 metres above the ridge line of the roof, or are no more than 6 metres in height above ground level if ground mounted, and

(c)  if ground mounted on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare.

Air conditioning units
Installation and use of air conditioning units ancillary to dwellings, being units which:

(a) are attached to an external wall or are ground mounted, and

(b) do not involve building work that will reduce the structural integrity of the building, and

(c) have any opening created adequately weather-proofed, and

(d) do not produce noise levels exceeding 5dB(A) above the ambient background noise level measured at the property boundary and, if audible in a neighbouring residence, the unit is not used between 10pm and 7am on weekdays and 10pm and 8am on weekends and public holidays, and

(e) are provided with a label showing the maximum sound power level, and

(f)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare.

Ancillary and incidental development, other than development referred to elsewhere in this Schedule, being development (such as the carrying out of landscaping, gardening or paving, the erection of minor structures, and similar development) that is ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful existing use (as defined in Section 106 of the Act), but only if:

(a) any ancillary structure is not located on land which is identified as being subject to “high” hazard on the bushfire hazard map, and

(b) any ancillary structure is not a garage, and

(c) any ancillary structure is erected at least 1.5 metres from each boundary of the property and extends no more than 3 metres above natural ground level, unless it is located in an environmental protection or scenic protection zone, and

(d) any ancillary structure located in an environmental protection or scenic protection zone is erected at least 10 metres from each boundary of the property and extends no more than 3 metres above natural ground level, and

(e) any ancillary structure, paving or hard surface area covers not more than 25m², and

(f) the development does not involve excavation beyond 600mm below natural ground level, and

(g) it does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms, at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and

(h) it does not involve the display of an advertisement, unless the advertisement is allowed by some other provision of this plan, and

(i) any structure or work complies with any relevant Australian Standards, and

(j)  any work or structure does not obstruct or restrict:
(i)  a means of entrance to, or exit from, the property, or
(ii)  areas and facilities for the loading, unloading, manoeuvring or parking of vehicles, or
(iii)  the carrying out and maintenance of any landscaping required by reason of a condition of consent imposed on the land.

Barbecues
Erection and use of barbecues that are outside a swimming pool area and are not closer than 1200mm to a pool safety fence, being barbecues which:

(a) are limited to one per dwelling, and

(b) have a maximum height of 2.6 metres above natural ground level, and

(c) have a maximum area of 2m², and

(d) are constructed no closer than 900mm to a property boundary, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(e)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(f)  are located:
(i)  behind a courtyard wall, or
(ii)  in the rear yard area, and

(g) do not have an adverse impact on adjoining properties.

Bird aviaries
Erection and use of aviaries for domestic bird keeping, other than for poultry or pigeons, being aviaries which:

(a) are limited to one per property, and

(b) have a maximum area of 10m², and

(c) have a maximum height of 2.4 metres above natural ground level, and

(d) are constructed of non-reflective materials, and

(e) are located in a rear yard, and

(f) are located at least 900mm from a property boundary, and

(g) are located at least 4.5 metres from any dwelling on an adjoining property, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(h)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(i) have wash down waste contained within the subject property.

Boundary adjustments
An adjustment to the boundary of an allotment, written notice of which (together with a copy of the relevant plan of subdivision) is lodged with Council before the plan of subdivision is lodged at the Land Titles Office, being an adjustment which:

(a) will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia, and

(b) if in a residential zone, will not result in any lot exceeding 699m², and

(c) will not result in any allotment being smaller in size than the minimum subdivision standard identified in an environmental planning instrument, deemed environmental planning instrument or development control plan applying to the land, and

(d) will not increase the size of any lot (other than for the purpose of rectifying an encroachment), and

(e) will not require the relocation of any water, sewerage or stormwater connection to the subject lots, and

(f) will not result in the creation of any additional lots, and

(g) will not result in access to any property or fire trail being compromised.

Note—

Boundary adjustments resulting from subdivisions allowed by this item require a subdivision certificate under the Environmental Planning and Assessment Act 1979 in order to be registered at the Land Titles Office.

Bridges and staircases
Erection and use of bridges and staircases in public parks and recreation spaces, being bridges and staircases which:

(a) are constructed by or for Council, and

(b) in the case of bridges, have a maximum span of 5 metres, and

(c) are designed, fabricated and installed in accordance with the Building Code of Australia (Section B) and AS4100 (for steel structures) and AS1720 (for timber structures) and AS3600 (for concrete structures).

Bus shelters
Erection and use of bus shelters, being bus shelters which:

(a) are constructed by or for Council, and

(b) reflect the character and amenity of the area, and

(c) do not obstruct the line of sight of vehicular traffic, and

(d) are a maximum height of 2.7 metres above the footpath, and

(e) have an area of less than 10m², and

(f) are constructed of non-reflective materials or have non-reflective surface finishes.

Bush fire hazard reduction which is carried out in accordance with a bush fire risk management plan prepared under the Rural Fires Act 1997.

Carports
Erection and use of carports associated with a dwelling, being carports which:

(a) are limited to one per dwelling, and

(b) are no greater than 40m² of hard surfaced area, and

(c) do not exceed 2.7 metres in height from natural ground level, if on land in a residential zone, and

(d) do not exceed 3.0 metres in height from natural ground level, if on land in an environmental protection, scenic protection, rural or non-urban zone, and

(e) are not closer to the street than the associated dwelling, and

(f) are set back a minimum of 500mm from the side and rear boundaries, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(g)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(h) do not alter the existing drainage of the property, and

(i) are not constructed of timber if located on land which is identified as being subject to “high” hazard on the bushfire hazard map, and

(j) are constructed of non-reflective materials or have non-reflective surface finishes, if on land in an environmental protection, scenic protection, rural or non-urban zone, and

(k)  match or are in character with the design and materials of a dwelling, if:
(i)  erected on the building line of the dwelling, and
(ii)  on land in an environmental protection, scenic protection, rural or non-urban zone.

Clothes hoists/lines
Erection and use of clothes lines or hoists associated with a dwelling, being lines or hoists which:

(a) are limited to one per dwelling, and

(b) are located in a rear yard, and

(c) are not visible from the street which the dwelling fronts, and

(d) are installed to manufacturer’s specifications, and

(e) on corner lots, are located at least 3 metres from the boundary of the secondary frontage.

Cubby houses
Erection and use of cubby houses, being cubby houses which:

(a) are limited to one per dwelling, and

(b) are not greater than 2.7 metres in height at the ridge line of the roof of the cubby house, and

(c) have hand rails and balustrades if the floor or stairway is more than 1 metre above natural ground level, and

(d) are a minimum of 900mm from the property boundaries, unless in an environmental protection, scenic protection, rural or non-urban zone, and

(e)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(f) are not greater than 10m² in area, and

(g) are not within a swimming pool area or closer than 1200mm to pool safety fences, and

(h) are located inside a rear yard.

Demolition that:

(a) is of a building that has an area of not more than 25 m², being a building the erection of which would be exempt development under this plan, and

(b) is carried out in accordance with AS 2601–1991—The demolition of structures, and

(c) is carried out in accordance with the Environment Protection Authority’s Draft Development Control Plan on Managing Lead Contamination (available from the Council), and

(d) complies with the WorkCover Authority’s Short Guide to Working with Asbestos, and

(e) complies with Development Control Plan No 95—Controls for Waste Management in Development, Construction and Demolition adopted by the Council as at 1 January 2001, and

(f) is carried out in a manner that minimises or avoids contact with top soil that is underneath structures likely to have been treated with pesticides.

Driveways and paths
Construction and use of driveways and paths for dwelling-houses, being driveways and paths which:

(a) are limited to one of each per dwelling, and

(b) are fully located within the boundaries of the property, and

(c) do not cross public property, and

(d) are constructed of reinforced concrete or of pavers on a concrete base, and

(e) have a non-slip finish, and

(f) have a maximum gradient of 1:6 (16%), and

(g) do not redirect water onto adjoining land, and

(h) in the case of driveways on land which is identified as being subject to “high” hazard on the bushfire hazard map—have a minimum width of 3 metres.

Fences for dwelling houses, other than fences covered by the Swimming Pools Act 1992

(1)  In a residential zone, front and side boundary fences between the building line and street which:
(a)  do not exceed a height of 1.2 m if constructed of timber, metal or lightweight materials, and
(b)  do not exceed a height of 900 mm, if constructed of masonry or brick, and comply with:
(i)  AS 3700–1998—Masonry structures, and
(ii)  AS 3600–1994—Concrete structures, and
(iii)  AS 1170.1–1989, AS 1170.2–1989 and AS 1170.4–1993—Loading Code, and
(c)  are constructed so as not to prevent the natural flow of water over the surface of the land, and
(d)  comply with any restriction as to user covenant or Council policy that applies to the land.

(2)  In a residential zone, rear and side boundary fences behind the building line which:
(a)  do not exceed a height of 2.1 m if constructed of timber, metal or lightweight materials, and
(b)  are constructed so as not to prevent the natural flow of water over the surface of the land, and
(c)  comply with any restriction as to user covenant or Council policy that applies to the land.

(3)  In an environmental protection, scenic protection, rural or non-urban zone, front and side boundary fences (other than electric fences) between the building line and the street which:
(a)  do not exceed a height of 1.2 m if constructed of post and rail, post and wire, brick, masonry, pickets, lightweight materials, or a combination of any of them, and comply with:
(i)  AS 3700–1998—Masonry structures, and
(ii)  AS 3600–1994—Concrete structures, and
(iii)  AS 1170.1–1989, AS 1170.2–1989 and AS 1170.4–1993—Loading Code, and
(b)  are constructed so as not to prevent the natural flow of water over the surface of the land, and
(c)  comply with any restriction as to user covenant or Council policy that applies to the land.

(4)  In an environmental protection, scenic protection, rural or non-urban zone, rear and side boundary fences (other than electric fences) behind the building line which:
(a)  do not exceed a height of 2.1 m if constructed of post and rail, post and wire, lightweight materials or a combination of any of them, and
(b)  are constructed so as not to prevent the natural flow of water over the surface of the land, and
(c)  comply with any restriction as to user covenant or Council policy that applies to the land.

Fences for security on Council-owned land
Erection of security fences on land owned by Council, being fences which:

(a) are installed by or for Council, and

(b) are chain wire fences around compounds, and

(c) are no greater than 1.8 metres in height.

Flagpoles
Erection and use of flagpoles, being flagpoles which:

(a) are limited to one per property, and

(b) are installed to manufacturer’s specifications, and

(c) have a maximum height of 6 metres above ground level, and

(d) do not fly a flag with an area greater than 2m², and

(e) are located so that the flagpole or flag do not project beyond the boundaries of the property, and

(f) do not cause a nuisance to surrounding properties, and

(g) are not used for the display of advertising material.

Goal posts, sight screens and similar ancillary sporting structures
Erection and use of goal posts, sight screens and similar ancillary sporting structures (excluding grandstands, dressing sheds and other structures designed to accommodate people), being structures which:

(a) are constructed by or for Council, and

(b) are on sporting or playing fields for use in the playing or performance of sporting events, and

(c) are installed in accordance with the relevant Australian Standards.

Letter boxes
Erection and use of letter boxes associated with dwelling-houses, being letter boxes which:

(a) are limited to one per dwelling, and

(b) are located within the boundaries of the property, and

(c) have a maximum height of 1.2 metres above natural ground level, and

(d) are structurally stable with adequate footings, and

(e) are installed in accordance with manufacturer’s specifications.

Minor external works to buildings and structures, being works that are carried out in a manner which prevents lead or asbestos dust contamination of the environment and which involve any or all of the following:

(a) attaching fittings,

(b) cement rendering,

(c) maintenance,

(d) painting,

(e) plastering,

(f) repair.

Note—

To minimise health risks from lead contamination, building alterations should be carried out in accordance with the methods outlined in the Environment Protection Authority’s Draft Development Control Plan on Managing Lead Contamination, available from the Council.

Minor internal works to residential premises, being works that are carried out in a manner which prevents lead or asbestos dust contamination of the environment and which involve any or all of the following:

(a) replacement of windows, doors, wall linings, ceiling linings, floor linings,

(b) replacement of deteriorated frame members with equivalent or better quality materials,

(c) replacement and modification of bathrooms, kitchens and laundries,

(d) installation of built-in fixtures such as vanities, cupboards and wardrobes,

but that do not result in any of the following:

(e) reduced window area for light and ventilation,

(f) reduced doorways for egress,

(g) enclosure of open areas,

(h) conversion of garages to habitable rooms,

(i) any change to the load-bearing capacity of any load-bearing component of the dwelling or structure,

(j) the making of, or alteration to the size of, any opening in a wall or roof of a building, such as a doorway or window.

Note—

Minor internal works to commercial premises other than food shops, being works that are carried out in a manner which prevents lead or asbestos dust contamination of the environment and which involves replacement, modification or installation of shelving, counters, benches and non-structural partitions,
but that do not involve any of the following:

(a) premises with a floor area exceeding 300m²,

(b) work which would compromise fire safety or affect accessibility to a fire exit,

(c) any changes to the load-bearing capacity of any load-bearing component of a building or structure,

(d) the making of, or alteration to the size of, any opening in a wall or roof of a building, such as a doorway or window.

Note—

Minor internal works to industrial premises, being works that are carried out in a manner which prevents lead or asbestos dust contamination of the environment and which involves replacement, modification or installation of shelving, counters, benches and non-structural partitions, but that do not involve any of the following:

(a) premises with a floor area exceeding 500m²,

(b) work which would compromise fire safety or affect accessibility to a fire exit,

(c) any changes to the load-bearing capacity of any load-bearing component of a building or structure,

(d) the making of, or alteration to the size of, any opening in a wall or roof of a building, such as a doorway or window.

Note—

Park and street furniture
Installation and use of park and street furniture, being furniture which is constructed by or for Council, on land it controls, in accordance with the manufacturer’s specifications and relevant Australian Standards.

Playground equipment for domestic use
Erection and use of playground equipment associated with a dwelling, being equipment which:

(a) has a maximum height of 1.8 metres, and

(b) occupies a maximum ground area of 10m², and

(c) is installed to manufacturer’s instructions, and

(d) complies with the relevant Australian Standards.

Playground equipment for certain commercial use
Erection and use of playground equipment in connection with a commercial enterprise such as a restaurant, being equipment which:

(a) may be used without payment of a fee, and

(b) has a maximum height of 2.1 metres, and

(c) occupies a maximum ground area of 10m², and

(d) has adequate safety measures including the provision of soft landing surfaces, and

(e) is installed to manufacturer’s instructions, and

(f) complies with the relevant Australian Standards.

Playground equipment on community land
Erection and use of playground equipment which:

(a) is not used or intended to be used for commercial purposes, and

(b) is constructed for or by Council in accordance with the relevant Australian Standards or is installed in accordance with manufacturer’s instructions.

Re-cladding of roofs or walls or maintenance or replacement of damaged materials, being work that is carried out in a manner which prevents lead or asbestos dust contamination of the environment and which involves any of the following:

(a) replacing existing materials with similar materials which are compatible with the existing building and finish,

(b) installation of ventilation devices,

but that do not involve any of the following:

(c) structural alterations or changes to the external configuration of a building,

(d) the use of timber roofing materials or wall panels on land which is identified as being subject to “high” hazard on the bushfire hazard map.

Note—

Retaining walls
Construction of retaining walls, being walls which:

(a) have a maximum height of 900mm, and

(b) do not prevent the natural flow of water over the surface of the land, and

(c) have an agricultural drain provided behind the retaining wall which is connected to a storm water disposal system.

The walls must be:

(a)  of masonry construction and comply with:
(i)  AS3700—Masonry Code,
(ii)  AS1170—Loading Code, or

(b)  of concrete construction and comply with:
(i)  AS3600—Concrete Structures,
(ii)  AS1170—Loading Code, or

(c)  of timber construction and comply with:
(i)  AS1720—Timber Structures
(ii)  AS1170—Loading Code
(iii)  AS3660—Termite Protection.

Satellite dishes for residential purposes
Erection and use of satellite dishes associated with a dwelling, being satellite dishes specified in item (1) or (2) below:

(1)  Ground Mounted dishes which:
(a)  have a maximum height of 1800mm, and
(b)  have a maximum diameter of 600mm, and
(c)  are located so as not to be visible from a public place, and
(d)  are located a minimum of 900mm from the boundaries of the property, unless located in an environmental protection, scenic protection, rural or non-urban zone, and
(e)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and
(f)  are contained wholly within the boundaries of the property.

(2)  Roof Mounted dishes which:
(a)  are a maximum height of 1.5 metres above the roof surface at the point of attachment, and
(b)  have a maximum diameter of 600mm, and
(c)  are suitably coloured to blend in with the building, and
(d)  are structurally stable, and
(e)  are located on the rear section of the roof and are not visible from the street, and
(f)  are located wholly within the boundaries of the property.

Satellite dishes for commercial purposes
Erection and use of satellite dishes not associated with a dwelling, being satellite dishes specified in item (1) or (2) below:

(1)  Ground Mounted dishes which:
(a)  are a maximum height of 1800mm, and
(b)  are situated a minimum of 900mm from the boundary if the adjoining land is residential.

(2)  Roof Mounted dishes which:
(a)  are a maximum height of 1.5 metres above the roof surface at the point of attachment, and
(b)  are not greater than 2000mm in diameter, and
(c)  are located wholly within the boundaries of the property.

Skylight roof windows
Installation of non-opening skylights which:

(a) have maximum area of skylight not exceeding 1.5m², and

(b) involve not more than one installation per 25m² of roof area, and

(c) are located not less than 900mm from a wall separating attached dwellings, and

(d) do not involve structural alterations or reduce the structural integrity of the building, and

(e) are installed to manufacturer’s specifications.

Solar water heaters
Installation of solar water heaters which:

(a) are limited to one per building, and

(b) are installed by licensed tradespersons to manufacturer’s specifications, and

(c) do not reduce the structural integrity of the building, and

(d) are flush with the roof surface.

Street signs
Erection of street signs by or for Council in accordance with Campbelltown City Council’s Standard Drawing 80.

Water heaters
Installation and use of water heaters (other than solar water heaters) associated with a dwelling, being heaters which:

(a) are limited to one per dwelling, and

(b) are installed by licensed tradespersons to manufacturer’s specifications, and

(c) are located behind the building line on the side or at the rear of the dwelling.

Water tanks

(1)  In a residential zone, installation and use of water tanks at or above ground level, being water tanks which:
(a)  are limited to a maximum of one per dwelling or other premises, and
(b)  have a maximum installed height above ground level of 1.8 m including any stand (and a maximum stand height of 450 mm), and
(c)  have a maximum storage capacity of 5000 litres, and
(d)  are located in the rear yard or no closer to the street than the front alignment of a dwelling or a main building or other premises, and
(e)  have structurally sound tanks and tank stand installations which comply with manufacturer’s or designer’s instructions, and
(f)  have a connection to the existing stormwater system for overflow from tanks, and
(g)  do not have a pump that is likely to create an offensive noise as defined in the Protection of the Environment Operations Act 1997, and
(h)  are maintained at all times so they do not cause a nuisance with respect to mosquito breeding or overland flow of water.

(2)  In an environmental protection, scenic protection, rural or non-urban zone, installation and use of water tanks at or above ground level, being water tanks which:
(a)  are located in the rear yard or no closer to the street than the front alignment of a dwelling or main building or other premises, and
(b)  have structurally sound tanks and tank stand installations which comply with manufacturer’s or designer’s instructions, and
(c)  are positioned so that overflow from tanks drains away from dwellings and other buildings, and
(d)  do not have a pump that is likely to create an offensive noise as defined in the Protection of the Environment Operations Act 1997, and
(e)  are maintained at all times so they do not cause a nuisance with respect to mosquito breeding or overland flow of water.

Window and door glazing
Glazing of windows and doors in residential buildings, being glazing which:

(a)  uses glass that complies with:
(i)  AS1288Glass in buildings—Selection and Installation, and
(ii)  AS2208Safety glazing materials in buildings, and

(b) is installed by a qualified tradesperson,

but that does not involve any of the following:

(c) a reduction in the area provided for light and ventilation,

(d) removal of structural support members.

Part 2 Other structures

Awnings, canopies and sun, security and storm blinds on dwellings
Installation of awnings, canopies and blinds which:

(a) are limited to one of each per window or other opening, and

(b) have a maximum area of 25m², and

(c) are located at least 900 mm from any property boundary, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(d)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 m of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 m of a side or rear boundary on a property having an area of, or more than, one hectare, and

(e) are located wholly within the boundaries of the property, and

(f) have adequate stormwater and termite control.

Balconies
Construction and use of balconies associated with a dwelling, being balconies which:

(a) are a maximum area of 2m², and

(b) have a finished surface level no greater than 500mm above the natural ground level, and

(c) are no closer than 900 mm from any property boundary, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(d)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 m of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 m of a side or rear boundary on a property having an area of, or more than, one hectare, and

(e) are situated no closer to the street than the associated dwelling.

Cabanas, gazebos and greenhouses
Construction and use of cabanas, gazebos and greenhouses associated with a dwelling, being cabanas, gazebos and greenhouses which:

(a) are limited to one of each per property, and

(b) have a maximum area of 25m², and

(c) have a maximum height of 2.4 metres, and

(d) are located in a rear yard or no closer to the street than the rear alignment of the dwelling, and

(e) are a minimum of 900mm from a property boundary, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(f)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(f) are not used for living in, and

(g) have stormwater connected to the existing stormwater system, and

(h) are constructed of materials with non-reflective surface finishes.

Decks
Construction and use of decks associated with a dwelling, being decks which:

(a) have a maximum area of 25m², and

(b) have a finished surface level not greater than 1 metre above existing ground level, and

(c) are not permanently enclosed, and

(d) do not have a balustrade extending more than 1.2 metres above the top of the deck, and

(e) maintain the existing boundary setback of the dwelling, and

(f) are a minimum of 900 mm from any property boundary, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(g)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 m of a side or rear boundary on a property having an area of less than one hectare, and
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(h) are situated no closer to the street than the associated dwelling, and

(i) do not reduce the effective height of pool safety fencing, and

(j) are a minimum of 900mm clear of safety fencing if located within a pool area, and

(k) do not reduce the natural sub-floor ventilation of the existing dwelling.

Garden sheds
Erection and use of garden sheds, being garden sheds which:

(a) are limited to one per property, and

(b) are 500mm from any boundary or dwelling, unless located in an environmental protection, scenic protection, rural or non-urban zone, and

(c)  if on land in an environmental protection, scenic protection, rural or non-urban zone, are not located within:
(i)  5 metres of a side or rear boundary on a property having an area of less than one hectare, or
(ii)  10 metres of a side or rear boundary on a property having an area of, or more than, one hectare, and

(d) are free standing and pre-fabricated, and

(e) have a maximum floor area of 25m², and

(f) have a maximum height of 2.4 metres, and

(g) are located in the rear yard, and

(h) are constructed of non-reflective materials, and

(i) are installed to manufacturer’s specifications, and

(j) are not visible from a public road, and

(k) do not direct water onto adjoining properties.

Patios
Construction and use of patios associated with a dwelling, being patios which:

(a) have a maximum area of 25 m², if on land in a residential zone, and

(b) have a maximum area of 40 m², if on land in an environmental protection, scenic protection, rural or non-urban zone, and

(c) will not result in water being redirected onto adjoining property, and

(d) have sufficient step down provided to prevent the entry of water into the dwelling, and

(e) are protected from termites in accordance with AS3660.1, and

(f) do not involve cut or fill exceeding 600mm.

Pergolas
Erection and use of pergolas, being pergolas which:

(a) are limited to one per property, and

(b) have a maximum area of 25m², and

(c) have a maximum height of 2.4 metres above natural ground level, and

(d) do not have a roof, and

(e) are not located between the street and the building line, and

(f) are a minimum of 900mm from a side or rear boundary, and

(g) are protected from termites in accordance with AS3660.1.

Portable classrooms and other portable school buildings
Installation and use of portable classrooms and other portable school buildings, being buildings which:

(a) are located within the school grounds, and

(b) have stormwater connected to an existing stormwater system, and

(c) are not located within 3 metres of any boundary, and

(d) are installed to manufacturer’s instructions, and

(e) comply with the relevant Australian Standards, and

(f) are of a temporary nature and will be removed within 5 years from the date of installation.

Part 3 Uses of land and buildings

Different use of a building

(1)  New use of a building, where the new use of an existing lawful building is not an industrial use and is:
(a)  replacing a former use being carried out in accordance with a development consent, or
(b)  changing a shop to another shop where the new shop is not used to prepare food for sale or consumption, or
(c)  changing an office to another office, or
(d)  changing social clubs to sporting clubs, sporting clubs to social clubs, a social club to another social club or a sporting club to another sporting club (not including clubs registered under the Registered Clubs Act 1976), or
(e)  changing community centres to cultural centres, cultural centres to community centres, a community centre to another community centre, or a cultural centre to another cultural centre.
However, the building may be used for the new purpose only if:
(a)  the current use is lawfully approved or the building lawfully constructed to be used for the current and intended purposes, and
(b)  the new use is consistent with the classification of the building under the Building Code of Australia, and
(c)  the curtilage of the premises is not used for storage or display purposes, and
(d)  the premises do not operate outside the existing approved hours of operation, and
(e)  the new use does not attract additional car parking requirements, and
(f)  all conditions that have previously been imposed on the use of the building or the use of the land that relate to:
(i)  the maintenance of landscaping, and
(ii)  the parking of vehicles, and
(iii)  the provision of space for the loading and unloading of goods or vehicles, and
(iv)  environmental protection,
are adhered to, and
(l)  written notice of the new use is supplied to the Council 7 days prior to undertaking work or beginning operations, together with copies of any required approvals from any other approval bodies (such as a Section 73 Compliance Certificate from Sydney Water Corporation).
The building is not to be used as premises in which:
(a)  a category 1 restricted publication or a category 2 restricted publication (within the meaning of the Classification (Publications, Films and Computer Games Act 1995 of the Commonwealth) is displayed or sold or otherwise rendered accessible or available to the public, or
(b)  there is conducted a business an object of which is the display or sale of any article, material, compound, preparation, device or other thing (whether of the same or of a different kind or nature) that is primarily concerned with, or is used or intended to be used in connection with, sexual behaviour but is not printed matter.

(2) New Temporary Use of A Building where the new use is a temporary use of a building that does not exceed 25 metres in height for public entertainment over a period not exceeding 72 hours.
Note—
A separate approval may be required from the Council under the Local Government Act 1993 for a place of public entertainment.

Note—

A different use of a building allowed under this plan does not also allow alterations to the building as exempt development under this provision. However, some building alterations are allowed as exempt development by other provisions of this plan.

Home activity
The use of premises for a home activity which:

(a) is carried out by the permanent residents of the dwelling only, and

(b) is either in the dwelling or in a building on the same property as the dwelling with a floor area not exceeding 30m², and

(c) does not employ persons other than the permanent residents of the dwelling, and

(d) does not display goods or materials in a window or otherwise, and

(e) has advertising limited to a single advertising structure indicating the name and occupation of the residents, and

(f) does not have any unsightly matter visible from any adjacent premises or public place, and

(g) does not involve the provision of any essential service main of greater capacity than that available in the locality, and

(h) does not require registration of the premises under the Factories, Shops and Industries Act 1962, and

(i) does not involve the sale, preparation, storage or manufacture of food as defined under the Food Act 1989.

In addition:

(a) written notice of the activity must be supplied to the Council 7 days prior to commencing works or beginning operations, and

(b)  all conditions that have previously been imposed on the use of the building or the use of the land that relate to:
(i)  the maintenance of landscaping, and
(ii)  the parking of vehicles, and
(iii)  environmental protection,
are adhered to.

Use of buildings for public meetings where the building is a class 9b building under the Building Code of Australia and the meetings are public meetings.

Part 4 Advertising signs and structures

The erection and use of advertising signs and structures in accordance with this Part

Inflatable structures, balloons and blimps
Inflatable structures, balloons and blimps may be used for advertising purposes (other than in an environmental protection, scenic protection, rural or non-urban zone) if:

(a) that use is restricted to four times per year on any one property for a maximum period of 2 weeks each time, and

(b) it does not interfere with the amenity of nearby properties or the locality, and

(c) it does not interfere with traffic flow and safety or distract drivers, and

(d) the inflatable advertising item is securely attached or tied to either the ground or the building or structure on which it is located.

Land sale directional signs that are:

(a) free standing, and

(b) not displayed for a period exceeding 12 months, and

(c) not greater than 0.3m² each in area.

Land sale signs that are:

(a) free standing, and

(b) not displayed for a period exceeding 12 months, and

(c) located on the land that is for sale, and

(d) not greater than 6m² in area for each 25 lots of the land being sold.

Real estate signs

(1)  In residential, environmental protection, scenic protection, rural and non-urban zones:
(a)  any sign is for the purpose of advertising that the premises on which it is located is for sale or lease, and
(b)  two such signs are permitted, provided they are each less than 2.5m² in area, and are located more than 3m apart, and
(c)  the signs are temporary in nature.

(2)  In commercial and industrial zones:
(a)  the sign is the purpose of advertising that the premises in which it is located is for sale or lease, and
(b)  the sign is less than 4.5m² in area, and
(c)  the sign is temporary in nature.

Signs at schools if:

(a) the signs are temporary or directional, and

(b) the signs are public notices displayed by a public authority, giving information about the services provided on the land, or giving directions.

Signs at sportsgrounds if the sign is less than 1.2 metres in height, and is located on the playing field surface or facing the playing area on the inside of a fence around the playing surface, and:

(a) the sign provides information about sponsors or products of sponsors of teams or organisations using the sporting facility, or

(b) the sign is of a temporary nature, or

(c) the sign displays a notice from a public authority, either giving information about the services provided on the land, or giving directions.

Signs for commercial, retail, industrial and bulky goods retailing premises

(1)  On single occupancy properties, any one of the following signs is allowed:
(a)  a sign for business identification that has an area of less than 2.5m², or
(b)  a sign fixed to or painted on the glass of a street front window that covers less than 25% of the total window area, or
(c)  a sign on the awning fascia that is less than 400mm in depth, or
(d)  a sign on the top hamper that has an area of less than 2.5m² , or
(e)  a sign that is below the awning that is less than 1.5m² in area, and at least 2.6 metres above pavement level,
together with temporary, directional and real estate signs.

(2)  On multi-occupancy properties, any one of the following signs is allowed:
(a)  a sign for business identification that is less than 0.75m², or
(b)  a sign fixed to or painted on the glass of a street front window that covers less than 25% of the total window area, or
(c)  a sign on the awning fascia that is less than 400mm in depth, or
(d)  a sign on the top hamper that has an area of less than 2.5m², or
(e)  a sign that is below the awning that is less than 1.5m² in area, and at least 2.6 metres above pavement level,
together with temporary, directional and real estate signs.

Note—

Apart from temporary, directional and real estate signs, the erection of one of the above-mentioned signs will preclude all other signs from the exempt provisions. This means that you may have a business identification sign as an exempt development, but all other signs would then be subject to Council approval.

Signs for dwelling houses in residential, environmental protection and scenic protection zones if:

(a) the sign is for business identification and has an area of less than 0.75m², and

(b) the sign relates to the use of the premises or the occupation of the residents.

sch 1: Am 7.12.2001.

sch 2: Am 7.12.2001.

Dictionary

(Clause 7)

Aboriginal place has the same meaning as in the National Parks and Wildlife Act 1974.

Aboriginal relic has the same meaning as relic as defined in the National Parks and Wildlife Act 1974.

Aboriginal remains has the same meaning as in the National Parks and Wildlife Act 1974.

access ramp for the disabled means an inclined platform connecting different levels designed to allow wheelchair access and access for people with impaired mobility.

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

advertising structure means a structure used or to be used principally for the display of an advertisement.

aerial means a standard conductor supported by insulators above the ground and directly exposed to the weather.

air conditioning unit means a mechanical unit specifically designed to alter the temperature of air.

alignment means the boundary line between any public place and any land abutting that place.

ancillary and incidental development means development which is supplementary to or generally associated with an existing land use or activity on the same property.

antenna means a radio, television or other aerial designed to receive radiated electromagnetic energy.

archaeological site means a site containing post-1788 relics more than 50 years old or relics relating to any period of Aboriginal culture.

associated structure has the same meaning as in the Local Government Act 1993.

awning means a fixed or retractable canvas or metal roof-like covering to shelter persons or protect parts of a building from the effects of sun or rain, usually erected in front of a window or door, or over a balcony or deck.

awning fascia sign means an advertising sign attached flush to the fascia or return end of an awning of a shop over a footpath, which does not project above, below or beyond the awning.

Australian Standards (AS) means the national standards, codes and specifications prepared either by or on behalf of Standards Australia International Limited.

balcony means an open or covered elevated horizontal platform attached to an upper floor of a building, projecting or recessed into the face of the wall, accessible from an adjacent room, and protected by a railing or balustrade.

barbecue means an outdoor facility, located in a backyard or courtyard, for domestic cooking.

bird aviary means an enclosure, usually of wire mesh construction, for the keeping of birds, excluding game birds and fowl, for domestic purposes.

boundary adjustment means an adjustment to the boundaries of one or more lots which does not result in the creation of any additional lots.

bridge means a structure for vehicular or pedestrian use or both which spans a river, canal, road, chasm, or other gap, allows free passage underneath, and carries all superimposed loads in addition to its own weight.

bushfire hazard area means an area which is subject to bushfire hazard.

bushfire hazard map means Sheet 2 of the map.

bushfire hazard reduction means a reduction or modification (by controlled burning or by mechanical or manual means), of material that constitutes a bushfire hazard.

business identification sign means an advertisement which in respect of any place or premises to which it is fixed, contains all or any of the following:

(a) the identification or description of the place or premises,

(b) the identification or description of any person residing or carrying on an occupation at the place or premises,

(c) particulars of any occupation carried on at the place or premises,

(d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

(e) particulars or notifications required or permitted to be displayed by or under any Act of the State or any Act of the Parliament of the Commonwealth,

(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(g) particulars of any activities held or to be held at the place or premises,

(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted on the place or premises.

bus shelter means a structure, usually including a roof and seating, located at or near a bus stop, for the comfort and convenience of persons waiting for buses.

cabana means a covered structure which is often but not always used as a pool side shelter or change room or both.

canopy means an ornamental roof-like covering or projection, which may be for the purpose of providing shade or shelter, either suspended or supported on brackets, corbels or columns, over a door, window, niche or balcony.

carport means a roofed, open or semi-enclosed structure for the sheltering of motor vehicles, attached to, adjacent to, or near a dwelling.

cladding means the outer non-load bearing covering of the external walls or roof of a framed building or structure, applied for weather-proofing or decorative purposes or both.

clothes hoist or line means a structure designed specifically to accommodate wet articles of clothing to allow them to dry, usually in the open air.

club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes, whether of the same or a different kind, and whether or not the whole or part of the building is the premises of a club registered under the Registered Clubs Act 1976.

commercial or industrial zone means a commercial or industrial zone under an environmental planning instrument.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a purpose elsewhere specifically defined in this Schedule.

Council means the Council of the City of Campbelltown.

critical habitat has the same meaning as in the Threatened Species Conservation Act 1995.

crown land has the same meaning as in the Crown Lands Act 1989.

cubby house means a small-scale replica of a house, usually of simple construction, located in a backyard or courtyard, which is used primarily by children for the purposes of play.

cumulative environmental impact means the combined effects on the environment of activities, land use and resource use within an area, over a period of time.

deck means a horizontal platform, usually at or slightly above ground level, attached to, or forming part of, a building.

demolition means the complete or partial dismantling and removal of a building or structure, by pre-planned and controlled methods or procedures, which is normally carried out prior to redevelopment work.

directional sign means an advertisement in respect of a place or premises to which it is affixed which contains only a notice regarding directions within that place or premises.

drainage means works to control and convey water over the surface of the land.

driveway means a defined area within a property used by vehicles travelling between a carriageway and a property adjacent to or near the road.

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

dwelling house means a building containing one, but not more than one, dwelling.

ecologically sustainable development is development that is based on integrated decision making in which economic, social and environmental matters are considered in a balanced way, and immediate, long-term and global implications are addressed.

environmental protection or scenic protection zone means an environmental protection or scenic protection zone under an environmental planning instrument.

fence means a restricting structure placed on the boundaries of property, or on part of a property, to maintain privacy or security or both, or to define that boundary.

flagpole means a structure, usually based on a cylindrical metal pole, on which flags are flown.

flashing sign means a sign illuminated at frequent intervals by either an internal or external light, and whether or not included in any other type of sign.

flood inundation area means an area which is subject to flooding during particular flood events.

garden shed means a small building, usually of metal or timber construction, for the storage of garden implements and the like.

gazebo means a structure, usually roofed, and used for outdoor activities or entertaining, particularly during warm weather.

glazing means the process of installing glass in prepared openings such as windows, door panels, screens or partitions.

goal posts mean metal or wooden posts erected on sports fields and used in ball games.

greenhouse means a building, usually constructed chiefly of glass or other transparent material, for the cultivation or protection of plants that would not survive in outdoor conditions.

heritage conservation area means the area identified as such on the map, being an area having a distinctive character of heritage significance which is desirable to conserve.

heritage item means a building, work, relic or place of historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance at the local or State level, and identified in the Campbelltown Heritage Study for the Built Environment as adopted by Council on 1 August 1995.

heritage significance means the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of a place and its setting.

home activity means an activity that is carried on by the permanent residents of a dwelling either in the dwelling or in a building with a floor area not greater than 30m² that is erected on the same lot as the dwelling.

industrial unit means a building or part of a building specifically designed for, or lawfully used to accommodate, an industry or industrial use.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes.

land sale sign means a sign whose specific purpose is to advertise land that is available for sale.

land sale directional sign means a sign whose specific purpose is to direct potential purchasers and other interested parties to the location of land that is for sale.

letter box means either a weather proof external container for the receipt of mail or other printed matter which has been passed through a slot, or a receptacle fixed to the inside of a door to hold mail and other printed matter which has been passed through a letter plate in the door or an adjacent wall.

manufactured home has the same meaning as in the Local Government Act 1993.

microwave means a radio wave characterised by a short wavelength of approximately 3 centimetres, which is generally used for telecommunications.

moveable dwelling has the same meaning as in the Local Government Act 1993.

moving sign means a sign attached to a building and capable of moving by any source of power, whether or not included in any other class of sign.

natural ground level means the ground level of a property before any site works have been undertaken to alter the naturally occurring contours of the land.

non-urban zone means a non-urban zone identified in an environmental planning instrument.

office means a building or place used for the purposes of administration, clerical, technical, professional or like activities, where dealings with the public are not on a direct and regular basis or otherwise than by appointment.

owner has the same meaning as in the Local Government Act 1993 and includes, in relation to a building, the owner of the building and the owner of the land on which the building is erected.

path means a defined area of an allotment of land set aside for the exclusive use of pedestrians and manually propelled vehicles.

patio means a ground level, unroofed paved area, surrounded by portions of a dwelling or building, and forming part of the living area.

pergola means an open-roofed framework over a path, terrace or patio, supported on posts or columns, and sometimes covered with plants trained over the members.

playground equipment means equipment such as swings and slides, designed primarily for use by children for the purposes of play.

potential archaeological site means a site with the potential to contain post-1788 relics more than 50 years old or relics relating to any period of Aboriginal culture.

premises means any of the following:

(a) a building of any description or any part of it and the appurtenances to it,

(b) a manufactured home, moveable dwelling and associated structures,

(c) land, whether built on or not,

(d) a tent,

(e) a swimming pool,

(f) a ship or vessel of any description (including a houseboat).

private open space means an area of unencumbered open space set aside for the private use of the occupants of the dwelling which it adjoins.

public place has the same meaning as in the Local Government Act 1993.

public notice means a notice erected by a public authority to provide information to the public.

public reserve has the same meaning as the Local Government Act 1993.

public road has the same meaning as the Roads Act 1993.

public sewer main means a pipe or enclosed channel system, including access manholes and ancillary items, for carrying sewage and other liquid wastes, that is controlled by a local or statutory authority.

real estate sign means an advertisement in respect of a place or premises to which it is affixed which contains only a notice that the place or premises is for sale or letting together with particulars of the sale or letting and is not displayed for more than 14 days after letting or completion of the sale of the premises or place to which the sign relates.

relic has the same meaning as in the Heritage Act 1977.

renovation, in relation to a building or work, means:

(a) the making of structural changes to the inside or outside of the building or work,

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

residential zone means a residential zone under an environmental planning instrument.

retaining wall means a wall built to hold back a mass of earth or other solid material behind it, and designed to resist lateral pressure and overturning forces from the retained material.

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

rural zone means a rural zone identified in an environmental planning instrument.

satellite dish means a dish-shaped structure used to receive and transmit radio signals from and to satellites.

shed means a small building, usually metal or timber construction, for storage purposes, or utilised in the enjoyment of hobbies.

shop means a building or place used for the purposes of selling, whether by retail or auction, or hiring of or displaying for the purpose of the selling or hiring of items (whether goods or materials), but does not include a building or place elsewhere specifically defined in this Schedule.

skylight means a clear or translucent glazed opening in, or slightly above, the plane of a roof, to admit natural light and sometimes ventilation to the space below.

solar water heater means an appliance which heats water by the use of solar energy, normally consisting of a solar collector and a storage container, which may be integral, close coupled or remote, together with piping and controls.

staircase means a way up and down by means of a sloping, stepped structure leading from one storey or level to another above or below, and including landings, newel posts, handrails, and balustrades.

street and park furniture means those elements and structures placed in a landscape or streetscape for the purposes of comfort, convenience, information, circulation control, protection, and user enjoyment, including benches, bollards, lighting, signage, tree grates, rubbish bins and the like.

street sign means a small, rectangular sign, usually mounted on a cylindrical metal pole, and displaying the name of the street on which it is located.

sun, security and storm blinds means additional blinds over a window or other opening for security or protection against extreme weather conditions or both.

temporary sign means an advertisement of a temporary nature.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Campbelltown Local Environmental Plan No 209—Exempt Development” kept in the office of the Council, as amended by the maps, or sheets of maps, so kept and marked as follows:

Campbelltown Local Environmental Plan No 209—Exempt Development (Amendment No 1)

top hamper sign means a sign attached to a transom of a doorway or display window of a building.

tree means a perennial plant with a self-supporting stem which:

(a) has a height of more than 3 metres, or

(b) has a spread of more than 3 metres, or

(c) has a trunk diameter of more than 150mm measured one metre above ground level,

but excludes any tree declared to be a noxious weed under the Noxious Weeds Act 1993.

under awning sign means a sign attached to the underside of an awning, other than the fascia or return end of the awning.

ventilation means the process, using natural or mechanical means, of supplying outside air to an enclosure or space, usually without heating or cooling the air, and of removing air from the enclosure or space.

water heater means a self-contained device for water heating which uses gas, electricity, solar energy, or another source of heat to provide hot water for circulation within a building or part of a building.

water tank means a tank designed for the storage of water, usually rain water, for domestic or agricultural purposes.

window sign means an advertising sign painted or displayed on a shop window.

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Campbelltown Local Environmental Plan No 209—Exempt Development (2000 EPI 1)