Part 1 Introduction
1 What is this plan called?
This plan is called Albury Local Environmental Plan 2000.
2 What land does this plan apply to?
This plan applies to all land in the City of Albury.
3 What are the purposes of this plan?
The purposes of this plan are:(a) to simplify planning controls within the City of Albury by minimising the number of zones into which land is divided, and by providing specific zone objectives by which development proposals may be assessed, and(b) to provide the Albury City Council and the community of the City of Albury with a high level of flexibility and responsibility for planning decisions of local significance, and(c) to provide a set of development objectives and development standards that are complemented by more detailed criteria contained within development control plans, and(d) to promote sustainable urban development by providing for efficient management of urban growth and resource utilisation, and(e) to promote a city for the people, with a high level of social and physical amenity and a diversity of activities and uses, and(f) to promote community involvement in the planning process by using development control plans to establish public notification standards and to supplement the controls in this plan.
4 How does this plan affect other plans?
(1) This plan repeals Albury Local Environmental Plan 1995 and Albury Local Environmental Plan 1995—Amendment No 1.(2) State Environmental Planning Policy No 4—Development Without Consent is amended by inserting the following words in alphabetical order of local government areas in Schedule 2 (Land excepted from clauses 6–10):Albury City local government area(3) This plan does not affect the provisions of Murray Regional Environmental Plan No 2—Riverine Lands, as they apply to the City of Albury.(4) Subject to section 36 of the Act, if Parts 4, 5 and 7 are inconsistent with any other environmental planning instrument made before or after this plan, Parts 4, 5 and 7 prevail to the extent of the inconsistency.
5 Definitions
(1) In this plan:affordable housing means housing, the payment for which comprises less than 30% of a household’s gross weekly income.agriculture except in the expression “intensive agriculture” means:(a) the cultivation of crops, including cereals, fruit, vegetable or flower crops, or(b) the keeping or breeding of livestock, bees or poultry or other birds, orfor commercial purposes.(c) the cultivation of plants in a wholesale plant nursery,alter, in relation to a building or work, means:(a) make structural changes to the inside or outside of the building or work, or(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the building or work (being changes that do not result from the maintenance of the building or work).animal establishment means a building or place used for breeding, boarding, training, keeping or caring for animals for commercial purposes (and not solely for the personal enjoyment of the owner or occupier of the land) and includes a riding school, veterinary clinic or kennel.brothel means premises used for the purpose of prostitution by one or more prostitutes.building height plane, in relation to land on which it is proposed to erect a building, means a plane projected over the land from a height of 7 metres above the road frontage boundary of the land at an angle to the horizontal of 60 degrees.bulky goods sales room or showroom means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) that are of such a size, shape or weight as to require:(a) a large area for handling, storage or display, orbut does not include a building or place used for the sale of foodstuffs or clothing.(b) direct vehicular access to the site on or from which the goods are sold so as to enable the goods to be collected by customers,caravan park means land (including a camping ground) used for the placement of caravans, cabins or other moveable dwellings.child care centre means a building or place (such as a long day care centre, a pre-school centre, an occasional care centre, a children’s neighbourhood centre or a multi-purpose child care centre) used for the purpose of educating, minding or caring for (but without providing residential care for) six or more children (disregarding any children who are related to the owner or operator of the centre) for fee, gain or reward, but does not include:(a) a home-based child-minding or care-giving service for which a licence is required under the Children (Care and Protection) Act 1987, or(b) a baby-sitting service, playgroup or child-minding service that is organised on an informal basis by the parents of the children involved.classified road has the same meaning as in the Roads Act 1993.commercial premises means a building or place used or proposed to be used as an office or for other business or commercial purposes, but does not include a building or place used or proposed to be used for a purpose specifically defined within this plan.community facility means a building or place owned or controlled by the Council, a public authority or a body of persons, that provides for the physical, social, cultural or intellectual development or welfare of the local community and includes the following:(a) a public library,(b) a rest room,(c) a meeting room,(d) a child care centre,(e) a senior citizens centre,(f) a local community club for persons sharing like interests (other than a registered club),(g) health care services or social care services.conservation plan means a document establishing the heritage significance of a building or work and the measures (if applicable) that are appropriate to enable the significance of the building or work to be retained in its future use and development.demolition, in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of the building or work, in whole or in part.dual occupancy means medium density housing that comprises two dwellings only on one allotment of land.dwelling means a building or part of a building used or capable of being used as a separate domicile.dwelling-house means a dwelling that is the only dwelling erected on an allotment of land.educational establishment means a building or place used for education (including teaching) and includes:(a) a school, and(b) a tertiary institution, being a university, TAFE establishment or other tertiary institution providing formal education that is constituted by or under an Act, andwhether or not accommodation for staff or students, or both, is provided at the building or place and whether or not the building or place is used for the purpose of gain.(c) an art gallery or museum that is not used to sell the items displayed in it,entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions or displays, and includes the following:(a) a sports stadium, showground or race course,(b) a theatre, cinema, music hall, concert hall, open air theatre or drive-in theatre,(c) a place of public entertainment within the meaning of the Local Government Act 1993.exhibition home means a dwelling (used for a period of up to two years) constructed for the purpose of the display and sale of a type of dwelling and which may include ancillary office areas.existing holding means:(a) except as provided by paragraph (b)—the area of a lot, portion or parcel of land as it was at 4 April 1996, or(b) if, at 4 April 1996, a person owned two or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels of land as they were at 4 April 1996.flood referral area means an area of land shown on the map marked “Flood Referral Area” and dated September 1999.gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding the following:(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall,(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,(c) car parking needed to meet any requirements of the consent authority, and any internal access to that car parking,(d) space for the loading and unloading of goods.hatchet-shaped allotment means an allotment with an elongated access corridor (also known as a battle-axe allotment).hazardous industry or storage establishment means an industrial or storage establishment which:(a) by reason of the process involved, the methods employed or the nature of the materials used or produced, orwould pose a significant risk to human life, health or property or to the bio-physical environment.(b) because of the manner in which materials are stored or handled,health consulting rooms means a room or a number of rooms forming either the whole or part of or attached to or within the curtilage of an existing dwelling-house, used to provide professional treatment, health care services (including dental and optical services) or alternative care (including naturopathy and acupuncture) to members of the public.height, in relation to a building, means the vertical distance measured between the existing ground level at any point at which the building is sited and the ceiling of the topmost floor of the building above that point.heritage conservation area means land shown edged heavy black on Sheet 3 of the map marked “Heritage Conservation Areas”, and includes buildings, works, relics, trees and places situated on or within that land.heritage item means a building, work, relic, tree or place described in Schedule 1 or 2 and shown edged heavy black on Sheet 2 of the map marked “Heritage Items”.heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.home business means the use of a dwelling, or another building erected on the allotment on which a dwelling is located, by permanent residents of the dwelling, for the purposes of an office, light industry or business, where:(a) no goods or materials are displayed for sale or hire, except goods made or produced in the dwelling or building as a result of that activity, and(b) the use does not:(i) involve the employment of more than 1 person other than those residents, or(ii) interfere unreasonably in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, or(iii) involve storage or exposure of unsightly matter, or(iv) result in any change in the appearance of the dwelling or land that is out of character with the adjoining area, or(v) involve the exhibition of any notice, advertisement or sign (other than a commercial sign), or(vi) require the provision of any essential service main of a greater capacity than that available in the locality, or(vii) involve the parking of vehicles associated with the home business with an unloaded weight of more than 3 tonnes, on a public road that is opposite or adjacent to the dwelling.home-based child care service means any service:(a) that is provided by a person for the purpose of educating, minding or caring (but without providing residential care) for not more than 5 children under the age of 15 (excluding those children normally residing within the dwelling), and(b) that is provided for fee, gain or reward at the premises where the person providing the service resides, and(c) that is required to be licensed under the Children (Care and Protection) Act 1987.hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling or other services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adaptation of any goods or articles for commercial purposes.intensive agriculture means a building or place used for the cultivation of crops, where the temperature, humidity, water, sunlight and nutrient level are controlled artificially as well as, or instead of, by natural means.intensive livestock keeping means the use of a building or place for the breeding, boarding or nurturing, by a feeding method other than natural grazing, of cattle, pigs, sheep, goats, poultry or other livestock, but does not include any cultivation or husbandry carried out mainly for the personal enjoyment or consumption of its produce by the owner or occupier of the land concerned or any other activity elsewhere specifically defined in this clause.integrated housing means development that consists of the subdivision of land and the erection of a detached dwelling-house on each of the allotments created by the subdivision.light industry means an industrial or employment-generating use that is not likely (by way of its usual operation or specific mitigation measures) to adversely affect adjoining land or persons or the locality, by means of noise, odour, dust, effluent, water runoff or other pollution or by means of visual intrusion or vehicle movement.maintenance, in relation to a heritage item, or a building or work in a heritage conservation area, means the continuous protective care of the setting, appearance or fabric of the heritage item, building or work.manufactured home estate means land on which manufactured homes are, or are to be, erected.materials recycling yard means a building or place used for the collection, dismantling, storage, abandonment or recycling of second-hand or scrap materials for the purpose of resale.medical centre means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.medium density housing means two or more dwellings on an allotment of land, where each dwelling has access to private open space at ground level.mixed business means a single shop (the gross floor area of which does not exceed 200 square metres) trading principally in groceries, small goods and associated items intended to cater for the day-to-day needs of the local neighbourhood, which may involve the cooking and sale of hot food and the hiring of videos.motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories relating to the motor vehicle, caravans or boats are also sold.Murray River means the waters of the main channel of the Murray River and its bed and banks.natural ground level in relation to land, means the level of the land before any site filling, excavation, building or subdivision work commences.offensive industry or storage establishment means an industry or storage establishment that:(a) by reason of the processes involved or the methods employed or the nature of the materials used or produced, orwould emit a polluting discharge (including noise) in a manner that would have a significant adverse impact on the locality or on existing or likely future development on other land in the locality.(b) because of the manner in which materials are stored or handled,office means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include:(a) dealing with members of the public on a direct and regular basis (otherwise than by appointment), except where this is a minor activity that is ancillary to the main purpose for which the building or place is used, or(b) any other use elsewhere specifically defined in this clause.place of worship means a building or place used primarily for the purpose of religious worship or spiritual gathering (whether in the Christian tradition or otherwise, and whether or not also used for counselling or social events) and includes an educational establishment used primarily for the purpose of religious tuition or training, and halls, residential accommodation or other buildings associated with and ancillary to any such building or place.primary tip buffer area means that area of land shown bordered by a heavy black line on the map marked “Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)”.public building means a building or place used as a business or office by a public authority or an organisation established for public purposes.public utility undertaking means an undertaking carried on by a public authority or in pursuance of any Commonwealth or State Act for the purposes of:(a) rail, road, water or air transport, or(b) the provision of sewerage or drainage services, or(c) the supply of water, hydraulic power, electricity or gas.recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere specifically defined in this clause.registered club means a club that is required to be registered under Part 2 of the Registered Clubs Act 1976.relic means any deposit, object or material evidence relating to:(a) the use or settlement of the area of the City of Albury, not being Aboriginal habitation, that is 50 or more years old, or(b) Aboriginal habitation of the City of Albury commencing before and continuing after its occupation by persons of European extraction, including human remains.residential flat building means development consisting of 3 or more dwellings, but does not include any other residential development elsewhere specifically defined in this clause.resort development means the use of a building or place for sporting, recreational, or leisure activities and the temporary short-term accommodation of persons on a lease, time-share or other short-term basis.reticulated sewerage means a system of sewage pipes and associated infrastructure that is in public ownership.reticulated water means a system of pipes carrying potable water that is in public ownership.River Murray means the Murray River, the waters and the bed and the banks of it and its tributaries and associated water bodies, including related anabranches, creeks, lagoons, lakes, billabongs and wetlands.service station means a building or place used for the fuelling of motor vehicles, involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:(a) sale by retail of spare parts and accessories for motor vehicles,(b) washing and greasing of motor vehicles,(c) installation of motor vehicle accessories,(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing that involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),(e) sale by retail of grocery and similar items involving a floor area (including staff amenities, storage, office, machinery rooms and cooler rooms) of not more than 200 square metres.shop means a building or place used for the purpose of selling, whether by retail or auction, or for the hiring, or display for the purpose of selling or hiring, of items (whether goods or materials), but does not include a building or place elsewhere specifically defined in this clause.special industry means industry that is large scale in nature or requires separation from other land uses because of the nature of the processes involved, or the materials used, stored or produced, but does not include hazardous or offensive industry or storage establishments.sustainable urban development means development that uses, conserves and improves the community’s resources, including the natural environment, improves the quality of life, both at the time it commences and in the future, and results in efficient, compact and robust urban development.the Act means the Environmental Planning and Assessment Act 1979.the Council means the Council of the City of Albury.the map means the series of map sheets marked “Albury Local Environmental Plan 2000” Map Sheets 1–4, as amended by the maps (or sheets of maps) marked as follows:Editorial note—The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.Albury Local Environmental Plan 2000 (Amendment No 1)Albury Local Environmental Plan 2000 (Amendment No 2)Albury Local Environmental Plan 2000 (Amendment No 4)—Sheets 1 and 2Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)Albury Local Environmental Plan 2000 (Amendment No 7)—Sheet 2Albury Local Environmental Plan 2000 (Amendment No 9)Albury Local Environmental Plan 2000 (Amendment No 10—Hamilton Valley)Albury Local Environmental Plan 2000 (Amendment No 11—Albury Tennis Association Complex)Albury Local Environmental Plan 2000 (Amendment No 15—Albury Sports Stadium Surrounds)the Regulation means the Environmental Planning and Assessment Regulation 1999.tree means a single trunked woody stemmed perennial plant.unbuilt-on area means that part of a site not occupied by a building or structure.utility installation means a building or work used for a public utility undertaking.warehouse or distribution centre means a building or place used mainly for storing, handling or displaying items (whether goods or materials) that have been produced or manufactured for sale, but not for the retail sale of items to the public from the building or place, except where this is a minor activity that is ancillary to the main purpose for which the building or place is used.watercourse means any stream, creek, river or similar feature, whether natural or man-made and whether of permanent or intermittent flow.(2) In this plan:(a) a reference to a map is a reference to a map kept in the council offices, and(b) a reference to a maximum area, maximum roofed area or roofed area or gross floor area, is a reference to the cumulative area of the individual buildings concerned on a particular allotment.(3) For the purpose of calculating the total area of a hatchet-shaped allotment, the area of the access corridor of the allotment is not to be included.(4) Notes in this plan do not form part of this plan.cl 5: Am 9.2.2001; 14.9.2001; 14.6.2002; 9.1.2004; 27.8.2004; 2005 (397), Sch 1 [1] [2]; 2006 (97), Sch 1 [1]; 2006 (802), cl 4; 2008 (128), Sch 1.1 [1]; 2008 (571), Sch 3.1 [1].
6 Who is the consent authority?
The Albury City Council is the consent authority for the purposes of this plan.
Part 2 General zoning provisions
7 What zones apply to the City of Albury?
For the purposes of this plan, land is zoned as shown by the “Land Use zones” on the map. The zones are as follows:(a) Urban Fringe Zone,(b) Living Area Zone,(c) Regional Centre Zone,(d) District Centre Zone,(e) Employment Area Zone,(f) Open Space Zone,(g) Environment Protection Zone,(h) National Highway Zone.
8 Zone objectives
(1) The objectives of each zone are set out in Part 3.(2) The consent authority must not grant consent to the carrying out of development on land that is within a zone unless the consent authority is of the view that the development is consistent with the objectives of the zone.(3) However, the consent authority may grant consent to development on land within a zone that is inconsistent with one or more of the objectives of the zone if, in the circumstances of the case:(a) there is a perceived inconsistency between objectives, or(b) the nature and setting of the development makes it unreasonable to comply with one or more of the objectives, orand non-compliance with the objective would not result in any significant adverse social, economic or environmental effect.(c) the development is required in connection with a public utility undertaking or any purpose ancillary to such an undertaking,
9 Matters for consideration
The consent authority must have regard to any provisions of a development control plan that specify development standards and matters for consideration when assessing a particular development application.
10 Development near zone boundaries
(1) If land is located within 20 metres of a boundary between two zones, the consent authority may consent to development on that land that is permissible with consent in either of the two zones.(2) The consent authority must not grant consent to the carrying out of development on land referred to in subclause (1), unless:(a) the land concerned forms part of the same lot as, or is proposed to be consolidated with, land on the other side of the zone boundary, and(b) in the consent authority’s opinion, the development is desirable or necessary to achieve the orderly and efficient use of the land involved.
Part 3 Particular zone provisions
Division 1 Urban Fringe Zone
11 What are the zone objectives of the Urban Fringe Zone?
(1) The principal objective of the Urban Fringe Zone is to identify land that may be required for, and is suitable for, future urban and related land uses.(2) The particular objectives of the Urban Fringe Zone are as follows:(a) to provide appropriate controls to maintain and improve the physical characteristics, environmental qualities and scenic qualities of fringe urban lands,(b) to permit limited development that is in keeping with the existing character of the locality and compatible with the likely future use of the land for urban or other purposes as determined by the consent authority,(c) to ensure that in the future urban land is not fragmented or developed in such a way as to make urban development more costly or difficult,(d) to ensure that development does not create an unreasonable or uneconomic demand for the provision of or extension of public amenities or services.(e) (Repealed)cl 11: Am 14.9.2001.
12 Development on land in the Urban Fringe Zone
(1) A person must not carry out development in the Urban Fringe Zone without the consent of the consent authority.(2) However:(a) consent is not required to carry out development on land in the Urban Fringe Zone for the purpose of agriculture, and(b) development on land in the Urban Fringe Zone for the purpose of medium density housing comprising three or more dwellings is prohibited.
13 How can land be subdivided in the Urban Fringe Zone?
The consent authority must not grant consent to the subdivision of land in the Urban Fringe Zone unless:(a) an allotment created by the subdivision will be used primarily for the purpose of agriculture and:(i) the allotment used for that purpose will have an area of not less than 8 hectares, and(ii) the average area of all allotments created by the subdivision is not less than 8 hectares, or(b) an allotment created by the subdivision will be used primarily for the purpose of a dwelling-house and:(i) the allotment used for that purpose will have an area of not less than 8 hectares, and(ii) the average area of all allotments created by the subdivision is not less than 8 hectares, and(iii) if reticulated water and reticulated sewerage are available to the land, all allotments created by the subdivision will have an area of not less than 2,000 square metres, and(iv) if reticulated water and reticulated sewerage are not available to the land:(A) all allotments created by the subdivision will have an area of not less than 3 hectares, and(B) the available soils within the allotment are suitable for on-site effluent disposal, and(C) the catchment of the allotment is of sufficient size to capture water for domestic, stock and fire-fighting purposes, or(c) an allotment created by the subdivision will be used primarily for a purpose other than agriculture or a dwelling and:(i) the average area of all allotments created by the subdivision is not less than 8 hectares, and(ii) the development application relating to the subdivision is assessed by the consent authority at the same time as any application for consent to use the land for that purpose (and all relevant details of the proposed use have been made available to the consent authority), and(iii) the consent authority considers that the subdivision and proposed use are compatible with surrounding land uses and the zone objectives, and are unlikely to produce any significant adverse environmental effects on, or nuisance to, adjoining lands.
14 Dwelling-houses in the Urban Fringe Zone
A dwelling-house must not be erected on an allotment of land in the Urban Fringe Zone unless the allotment:(a) was created for use for that purpose by a subdivision consented to in accordance with clause 13, or(b) was created by a subdivision before the day on which this plan takes effect and:(i) if reticulated water and reticulated sewerage are available to the land, has an area of not less than 2,000 square metres, or(ii) if reticulated water and reticulated sewerage are not available to the land:(A) has an area of not less than 3 hectares, and(B) has available soils within it that are suitable for on-site effluent disposal, and(C) has a catchment that is of sufficient size to capture water for domestic, stock and fire-fighting purposes.
15 Additional dwelling development in the Urban Fringe Zone
(1) The consent authority may grant consent to an additional (second) dwelling on land in the Urban Fringe Zone if:(a) the second dwelling is erected after the first dwelling-house has been completed, and(b) adequate arrangements have been made for water and sewerage services to the dwellings, and(c) no additional access to a public road is required from the land as a result of the second dwelling, and(d) a dwelling-house could be erected on the land in accordance with clause 14 if the land were vacant.(2) No more than two dwellings may be erected on an allotment of land in the Urban Fringe Zone.(3) The consent authority may only grant consent to the subdivision of land on which two dwellings are located or proposed to be located if all allotments created by the subdivision conform with the requirements of clause 13 (b).
Division 2 Living Area Zone
16 What are the zone objectives of the Living Area Zone?
(1) The principal objective of the Living Area Zone is to identify land for residential land uses and other land uses that are compatible with residential uses.(2) The particular objectives of the Living Area Zone are as follows:(a) to promote the efficient, orderly and sustainable development of the City of Albury’s living areas and adjoining future urban land,(b) to permit some non-residential uses that are compatible with the Living Area Zone and will not affect the viability of the Business Area Zones and the Employment Area Zone (details of which are provided in a development control plan relating to the residential compatibility of various land uses),(c) to recognise, protect and improve, through sympathetic development, those living areas that contain natural or man-made structures, vegetation or areas of architectural, cultural or historic significance,(d) to provide freedom from intrusive, offensive, hazardous, aesthetically displeasing and environmentally unsatisfactory development,(e) to promote an adequate range and choice of housing types, particularly affordable housing, to meet the needs of the community,(f) to recognise and improve the residential character of different parts of the City of Albury through detailed planning guidelines (details of which are provided in development control plans),(g) to encourage medium density housing that is designed to achieve a high standard of amenity and that is located in an evenly balanced manner throughout the residential areas.
17 Development on land in the Living Area Zone
(1) A person must not carry out development in the Living Area Zone without the consent of the consent authority.(2) The consent authority must not grant consent to development in the Living Area Zone unless the development site will be serviced by reticulated water and reticulated sewerage.
18 Dwelling-houses in the Living Area Zone
(1) A person must not erect a dwelling-house on an allotment of land in the Living Area Zone that has an area of less than 450 square metres.(2) Despite subclause (1), a dwelling-house must not be erected on any allotment of land that has an area of less than 4,000 square metres, within the Doctors Point, Lyne Street, Corrys Road, Allambie Road and Ettamogah areas (shown on the map by black square hatching).(3) A person must not carry out development for the purpose of medium density housing or integrated housing within the Doctors Point, Lyne Street, Corrys Road, Allambie Road and Ettamogah areas (shown on the map by black square hatching).(4) Despite subclauses (1) and (2), a dwelling-house must not be erected on any allotment of land that has an area of less than 1 hectare within the Centaur Road area (shown on the map by stippling).(5) A person must not carry out development for the purpose of medium density housing or integrated housing within the Centaur Road area (shown on the map by stippling).cl 18: Am 27.8.2004; 2005 (397), Sch 1 [3] [4].
Division 3 Business Area Zones
19 What are the zone objectives of the Regional Centre Zone?
(1) The principal objective of the Regional Centre Zone is to promote and reinforce the regional role of the Albury City Centre, through development and investment that is consistent with the Albury City Centre Strategy and the key City Centre projects.(2) The particular objectives of the Regional Centre Zone are as follows:(a) to ensure that the regional centre of the City of Albury continues to maintain or improve its trading performance in the context of its role and the needs of the residents of the City of Albury and the regional community,(b) to promote vitality and a diversity of activity within the regional centre,(c) to ensure that the densities for commercial development reflect the capacity of the existing road and transport network,(d) to encourage office, retail and service development appropriate to the status of the centre of the City of Albury and of its regional functions,(e) to accommodate other development that complements or supports the primary office and retail functions of the zone, including cultural, social, tourist and entertainment activities,(f) to increase the permanent population within the City of Albury’s centre by encouraging the development of medium density housing, residential flat buildings and apartments,(g) to ensure development maximises convenience and comfort for pedestrians,(h) to maintain and improve the historic character of the centre, and to encourage appropriate colour schemes in the Main Street area,(i) to encourage an equitable distribution, and a high standard of appearance, of advertisements,(j) to provide for the implementation of pedestrian improvement works, and to encourage development that will complement pedestrian improvement works carried out or proposed to be carried out by the consent authority,(k) to provide public carparking that is well located and user friendly to the Regional Centre, particularly Dean Street,(l) to enable the Regional Centre to develop in an efficient and equitable manner.
20 What are the zone objectives of the District Centre Zone?
(1) The principal objective of the District Centre Zone is to promote and reinforce the sub-regional role of the Lavington District Centre, through development and investment consistent with the Lavington Centre Strategy and the key centre projects.(2) The particular objectives of the District Centre Zone are as follows:(a) to promote vitality and a diversity of activity within the Lavington District Centre,(b) to encourage highway related business, trades and services to reinforce the function of the Lavington District Centre,(c) to ensure that the densities for commercial development reflect the needs of the local community and the capacity of the existing road and transport network,(d) to encourage a wide range of retail, commercial and professional services within the Lavington District Centre,(e) to provide for safe and convenient pedestrian movement within the Lavington District Centre,(f) to enable Lavington to develop as a sub-regional centre in an efficient and equitable manner,(g) to protect residential areas from inappropriate development and any adverse impacts associated with the centre,(h) to encourage high quality urban design along the Hume Highway,(i) to encourage a high standard of appearance for signs.
21 Development on land in the Regional Centre Zone
(1) A person must not carry out development on land in the Regional Centre Zone without the consent of the consent authority.(2) However, the consent authority must not grant consent to development within the Regional Centre Zone unless:(a) the proposed development is consistent with any strategy adopted by the Council for that zone (or for both the Regional Centre Zone and the District Centre Zone), or any development control plan that applies to that area, or(b) in the opinion of the consent authority, the development is justified on other reasonable grounds.(3) Despite any other provision of this plan, the consent authority may grant consent to development on land in the Regional Centre Zone for any purpose permitted in the Regional Centre Zone if the consent authority is satisfied that the development is unlikely to prejudice the orderly development of the Albury regional centre and the orderly provision of parking and pedestrian facilities.
22 Development on land in the District Centre Zone
(1) A person must not carry out development on land in the District Centre Zone without the consent of the consent authority.(2) The consent authority must not grant consent to development within the District Centre Zone unless:(a) the proposed development is consistent with any strategy adopted by the Council for that zone (or for both the Regional Centre Zone and the District Centre Zone), or any development control plan that applies to that area, or(b) in the opinion of the consent authority, the development is justified on other reasonable grounds.
23 Height of buildings in the Regional Centre Zone
The consent authority must not grant consent to the erection within the Regional Centre Zone of a building with a height greater than the building height plane or 15 metres above the existing ground level (whichever is the lower) unless:(a) the development is generally in conformity with a development control plan for that location, or(b) the consent authority is satisfied:(i) that the building will not adversely affect a conservation area, heritage item or public open space area, or the existing character of the locality, and(ii) that the development is generally in accordance with the objectives of the Regional Centre Zone and City Centre Strategy.
Division 4 Employment Area Zone
24 What are the zone objectives of the Employment Area Zone?
(1) The principal objective of the Employment Area Zone is to identify land for industrial and related land uses.(2) The particular objectives of the Employment Area Zone are as follows:(a) to promote employment opportunities by providing for a wide range of industrial, service industrial, highway business, wholesale trades, materials recycling, warehousing, scientific, computer and other related uses,(b) to provide for industrial development that will do any one or more of the following:(i) expand the local employment base,(ii) support the functions of the main business centres,(iii) allow the display and sale of bulky goods,(iv) contribute to improvements to the built environment,(v) improve traffic access and safety conditions,(vi) protect the amenity of the public domain and of residential areas in the vicinity,(c) to promote the coincidence of place of living and place of work by accommodating, in appropriate areas, industrial development with residential opportunities,(d) to create innovative areas that are pleasant to work in and safe and efficient in terms of transportation, land use and service distribution,(e) to seek to achieve improvements in the visual environment from the viewpoint of motorists, pedestrians and occupants of buildings,(f) to maintain adequate operating performance on the Hume Highway,(g) to encourage development layout design and functioning that minimises impact on activities in other zones,(h) to encourage an equitable distribution, and a high standard of appearance, of advertisements,(i) to provide suitable areas of land for a range of special industries and uses that, by the nature of the processes involved and the scale or type of use or the materials used and produced, require separation from other land uses and need large areas of land,(j) to utilise a Development Control Plan to provide more detailed industrial development guidelines, particularly in relation to light industry.
25 Development on land in the Employment Area Zone
A person must not carry out development on land in the Employment Area Zone without the consent of the consent authority.
26 Restrictions on shops and services in the Employment Area Zone
(1) The consent authority must not grant consent to development on land in the Employment Area Zone for the purpose of shops unless it is satisfied that:(a) the development is primarily intended to provide services to motorists or persons employed in the vicinity, or(b) all of the following are satisfied:(i) suitable land for the development is not available in the Regional Centre Zone or the District Centre Zone, and(ii) the proposed development will not detrimentally affect the viability of either the Regional Centre Zone or the District Centre Zone, and(iii) granting consent to the development would not, by reason of the number of retail outlets that exist, or are proposed to be permitted, on land in the Employment Area Zone, change the predominant nature of development within that part of the zone in which the land is located.(2) Subclause (1) does not apply to development for the purpose of shops involved in retailing of goods produced or stored at the same premises as the shop, where such retailing is secondary and ancillary to a manufacturing or storage use.(3) The consent authority must not grant consent to development on land in the Employment Area Zone primarily for the purpose of offices (other than offices that will be ancillary to another use on the same land), unless it is satisfied that:(a) the development will not detract from any potential for office development in the Regional Centre Zone or the District Centre Zone, and(b) the development will not detrimentally affect the viability of the Regional Centre Zone or the District Centre Zone.
Division 5 Open Space Zone
27 What are the zone objectives of the Open Space Zone?
(1) The principal objective of the Open Space Zone is to identify, for regional or sub-regional open space or recreational purposes, land that:(a) is owned, controlled or managed by the Council, or(b) will be required by the Council in the future for public open space or recreational purposes, or(c) is privately owned and managed.(2) The particular objectives of the zone are as follows:(a) to protect and improve open space areas within the area of the City of Albury, including the Albury-Wodonga Regional Parklands,(b) to maximise the value of open space areas and, where appropriate, promote their use for a mix of drainage, recreation, landscaping, walkways, cycleways and so on,(c) to offer a variety of opportunities for public and private recreational pursuits and tourist facilities,(d) to provide public access to the foreshore of the Murray River,(e) to allow for alternative uses of open space areas for community purposes compatible with surrounding areas to enable increased economical use of community facilities,(f) to manage ground cover in an appropriate manner so as to prevent and control land degradation,(g) to allow for the alternative use of open space that is privately owned.
28 Acquisition of land in the Open Space Zone
(1) This clause applies to all land in the Open Space Zone, other than:(a) private open space identified in Schedule 3, or(b) Crown land, or(c) land in respect of which development consent has been granted in accordance with clause 29.(2) The owner of land to which this clause applies may, by notice in writing, require the Council to acquire the land.(3) On receipt of such a notice, the Council must acquire the land.(4) However, the Council is not required to acquire land if the land might reasonably be required to be dedicated for public open space.
29 Development on land in the Open Space Zone
(1) A person must not carry out development on land in the Open Space Zone without the consent of the consent authority.(2) However, a person may carry out development on land in the Open Space Zone for the purpose of gardening, ground works, the repair and maintenance of facilities associated with the land, landscaping, and public entertainment or recreation events without consent if that development is:(a) unlikely to generate noise significantly above existing background noise levels, and(b) unlikely to cause nuisance to adjoining persons or premises.(3) Development consent granted under this clause may include conditions with respect to the removal or alteration of a building, work or excavation, the reinstatement of the land or the removal of any waste material or refuse.(4) Despite any other provision of this Division, the consent authority may grant consent to development of the privately owned land identified in Schedule 3, whether or not such development is consistent with one or more of the objectives of the zone, provided that:(a) the consent authority is satisfied that the natural and significant features of the land will be retained and improved by the development, and(b) the development is justified on the basis that no other viable alternative is available for the continuance of the current land use.
Division 6 Environment Protection Zone
30 What are the zone objectives of the Environment Protection Zone?
(1) The principal objective of the Environment Protection Zone are to identify, and to protect from inappropriate and excessive development, land within Albury that:(a) forms part of the scenic backdrop or rural setting, or(b) is located within or adjacent to the River Murray flood plain.(2) The particular objectives of the Environment Protection Zone are as follows:(a) to ensure that development improves, and does not spoil, the natural backdrop of hills, valleys and tree lines to the urban area of Albury and Wodonga,(b) to ensure that all development of the River Murray flood plain is compatible with the natural conservation and landscape values of the riverine environment,(c) to ensure that development in the Environment Protection Zone is carried out in a way that is sensitive to the land and environmental characteristics,(d) to ensure the development does not create unreasonable or uneconomic demands for the provision of services, including roads,(e) to provide limited rural living opportunities on land having ready access to the urban area and urban facilities and services, and to ensure that such development does not prejudice the future development of urban land,(f) to provide a development buffer for the flight path of aeroplanes utilising the Albury airport,(g) to recognise the importance of the Albury Garbage Tip as a regional resource, to provide for its future expansion and to limit development that may be adversely affected by the tip’s operation (so as to maintain the operational capacity and viability of the tip).
31 Development on land in the Environment Protection Zone
(1) A person must not carry out development for any purpose within the Environment Protection Zone without the consent of the consent authority.(2) However:(a) development of land in the Environment Protection Zone for the purpose of agriculture may be carried out without the consent of the consent authority, and(b) development of land in the Environment Protection Zone for the purpose of medium density housing comprising three or more dwellings, or a recreation vehicle area, is prohibited.
32 How can land be subdivided in the Environment Protection Zone?
(1) The consent authority may grant consent to the subdivision of land in the Environment Protection Zone:(a) that will create an allotment, the primary purpose of which is for agriculture, but only if:(i) that allotment has an area of not less than 40 hectares, and(ii) the average area of all allotments created by the subdivision, or to which the consent authority has granted consent to be created from the existing holding, is not less than 40 hectares, or(b) (Repealed)(c) to create an allotment of any size, for any purpose other than a dwelling or agriculture if:(i) the development application relating to the subdivision is assessed by the consent authority at the same time as any application for consent to use the land for that purpose (and all relevant details of the proposed use have been made available to the consent authority), and(ii) the consent authority considers that the subdivision and proposed use are compatible with surrounding land uses and the zone objectives, and are unlikely to produce any significant adverse environmental effects on, or nuisance to, adjoining lands.(2) An allotment of land in the Environment Protection Zone that was created after 4 April 1996 for the primary purpose of the erection of a dwelling-house must not be further subdivided.Note—Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.cl 32: Am 2008 (128), Sch 1.1 [2] [3].
33 Dwelling-houses in the Environment Protection Zone
A dwelling-house must not be erected on any allotment of land in the Environment Protection Zone unless the allotment is vacant and:(a) was created for use for that purpose by a subdivision to which consent was granted in accordance with clause 32, or(b) was created for residential purposes by a subdivision of an existing holding and has an area of not less than 3 hectares, or(c) was created before 4 April 1996 and has an area of not less than 3 hectares.
33A Dwelling entitlements on existing concessional lots
The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if:(a) the lot was created before that commencement, or(b) development consent to the creation of the lot was applied for, or granted, before that commencement.cl 33A: Ins 2008 (128), Sch 1.1 [4].
34 Additional dwelling development in the Environment Protection Zone
(1) The consent authority may consent to an additional (second) dwelling on land in the Environment Protection Zone, only if a dwelling-house could be erected on the land in accordance with clause 33 if the land were vacant and:(a) the second dwelling is attached to the completed (first) dwelling by a common roof line, or(b) an existing dwelling-house is altered to create two attached dwellings, or(c) the proposal is for two dwellings attached by common roof line, on vacant land.(2) No more than two dwellings may be erected on an allotment of land in the Environment Protection Zone.(3) An allotment of land in the Environment Protection Zone on which two attached dwellings are located must not be subdivided.
34A What are the objectives of Albury tip buffer areas?
The objectives of Albury tip buffer areas are:(a) to identify the limit of future development for residential and urban purposes in the Hamilton Valley growth area, and(b) to enhance the viability of the tip by limiting development, particularly development for residential purposes, within the primary tip buffer area.cll 34A–34F: Ins 14.9.2001.
34B Development within the primary tip buffer area
(1) Development (other than exempt development) for any purpose must not be carried out on land within the primary tip buffer area without the consent of the Council.(2) The Council must not grant consent to development of land within the primary tip buffer area unless:(a) the Council is satisfied that the carrying out of the development, and persons associated with the development, will not be unduly affected by the existing and continued operation of the Albury Garbage Tip, and(b) the Council is satisfied that the carrying out of the development is unlikely to adversely affect the viability or efficient operation of the tip and its future expansion within the primary tip buffer area.cll 34A–34F: Ins 14.9.2001.
34C Dwelling-houses within the primary tip buffer area
(1) Except for land owned by the Council, Crown land and the land known as Lot 8, DP 871525, Mudge Street, Hamilton Valley, each allotment of land within the primary tip buffer area in existence as at 25 October 1999 and shown on the map marked “Albury Local Environmental Plan 2000 (Amendment No 5—Albury Tip Buffer Areas)” may have a dwelling-house erected on it, but only with the consent of the Council.(2) One additional dwelling may, with the consent of the Council, be erected on the land known as Lot 706, DP 753326, Centaur Road, Lavington—to result in a maximum of two dwellings on that land.(3) The Council must not grant consent to the erection of a dwelling-house on land within the primary tip buffer area unless it has made an assessment of the following:(a) whether the available soils on the land are suitable for on-site effluent disposal,(b) whether the dwelling-house will be sited in a way that maximises the house distance from the tip area, minimises the view of the tip area from the house site, and minimises the siting of the house on any elevated, exposed hillface areas,(c) any matter contained in a development control plan which relates to land in the locality of the Albury Garbage Tip.(4) In order to facilitate the environmentally friendly siting of dwelling-houses within the primary tip buffer area, a dwelling-house entitlement may be transferred to another part of the primary tip buffer area, provided that:(a) the erection of the dwelling-house on that other land will meet all relevant requirements of this plan and all relevant provisions of any development control plan applying to the land, and(b) the land to which the dwelling-house entitlement is to be transferred is under the same ownership as the entitling allotment, and(c) the total number of allotments within the primary tip buffer area (not being allotments owned by the Council, Crown land or the land known as Lot 8, DP 871525, Mudge Street, Lavington) does not exceed 17.(5) This clause has effect despite clause 33.cll 34A–34F: Ins 14.9.2001.
34D Subdivision of land within the primary tip buffer area
(1) Land within the primary tip buffer area, not being land owned by the Council, Crown land or the land known as Lot 8, DP 871525, Mudge Street, Lavington, may, with the consent of the Council, be subdivided in order to facilitate the environmentally friendly siting of a dwelling-house, or subdivided for another purpose which the Council considers is consistent with the objectives of this Division, but only if:(a) the Council is satisfied that any dwelling-house to be erected on an allotment to be created by the proposed subdivision will be sited as specified in clause 34C (3) (b), and(b) the total number of allotments within the primary tip buffer area (including any subdivision of Lot 706, DP 753326, Centaur Road, Lavington, but excluding land owned by the Council and Crown land) does not exceed 17, and(c) the available soils within the land to be subdivided are suitable for on-site effluent disposal, and(d) each new allotment to be created has a minimum area of 1 hectare.(2) The Council may consent to a subdivision in accordance with this clause despite clause 32.cll 34A–34F: Ins 14.9.2001.
34E Development of land owned by the Council or Crown land
Land within the primary tip buffer area that is owned by the Council or is Crown land may be developed, with the consent of the Council, but only for purposes related to the orderly and efficient operation of the Albury Garbage Tip.cll 34A–34F: Ins 14.9.2001.
34F Development within Albury tip buffer areas generally
(1) When assessing a development proposal in respect of land within any Albury tip buffer area, the Council may have regard to the requirements of clause 34B (2) (relating to the primary tip buffer area) and to the findings of Albury Waste Facility Surrounds Environmental Study prepared for the Council by Habitat Planning in September 1999.(2) A development control plan may provide more detail in respect of any buffer areas around Albury Garbage Tip.cll 34A–34F: Ins 14.9.2001.
Division 7 National Highway Zone
35 What is the zone objective of the National Highway Zone?
The principal objective of the National Highway Zone is to identify and protect land intended to be acquired and developed for the National Highway within Albury.
36 Acquisition of land
(1) The owner of any land in the National Highway Zone may, by notice in writing, require the Roads and Traffic Authority to acquire the land.(2) On receipt of such a notice the Roads and Traffic Authority must acquire the land if:(a) the land is vacant, or(b) the land is not vacant, but:(i) the land is included in the five-year works program of the Roads and Traffic Authority current at the time of the receipt of the notice, or(ii) the Roads and Traffic Authority has decided not to give concurrence under clause 37 to an application for consent to the carrying out of development of the land, or(iii) the Roads and Traffic Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(3) The Roads and Traffic Authority is not required to acquire land under this clause if the land might reasonably be required to be dedicated for a public road.(4) In this clause, vacant, in relation to land, means that, immediately before the day on which a notice to acquire the land under subclause (1) is given, there were no buildings on the land (whether or not there were any fences).
37 Development of land prior to acquisition
(1) Until land referred to in clause 36 is acquired, a person may carry out development for any purpose on land in the National Highway Zone only with the consent of the consent authority.(2) The consent authority must not consent to the carrying out of development under this clause unless it has made an assessment of all of the following:(a) the objectives of the adjoining zone,(b) the need for the proposed development on the land,(c) the impact of the proposed development on the existing and likely future use of the land, including costs of reinstatement of the land for the purposes for which the land is to be acquired,(d) the imminence of acquisition,(e) the imminence of development of the land for the purposes for which it is zoned,(f) any other relevant circumstances, including the need to retain the land for its existing or likely future use.(3) (Repealed)(4) Land acquired under clause 36 may be developed, with the consent of the consent authority, for any purpose, until such time as it is required for the purpose for which it was acquired.cl 37: Am 2008 (571), Sch 3.1 [2] [3].
Part 4 Exempt development
38 What is exempt development?
(1) Development listed in the Table to this clause is exempt development, subject to subclauses (2) and (3).(2) Development is exempt development only if:(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and(b) it complies with any relevant standards set for the development in the Table or elsewhere in this plan, and(c) it does not contravene any condition of a development consent applying to the land, and(d) it does not obstruct drainage of the site on which it is carried out, and(e) it does not restrict any vehicular or pedestrian access to or from the site, and(f) it is carried out at least one metre from any easement or public sewer main and complies with the building over sewer requirements of the consent authority applying to the land, and(g) it does not require a tree to be removed (unless the prior approval of the Council has been obtained), and(h) any Council approval for water and sewer, if required, has been obtained from the Council.(3) Development is not exempt development if:(a) it is carried out on a heritage item or on land that is the site of a heritage item, or(b) it is carried out on land that has been, or is currently being, used for a land use described in Table 1 to the Managing Land Contamination Planning Guidelines, issued by the Department of Urban Affairs and Planning and the Environment Protection Authority, or(c) it is carried out on land that is contaminated and:(i) any remediation work in respect of the land has not been carried out in accordance with State Environmental Planning Policy No 55—Remediation of Land and the Council’s adopted policy in respect of the management of contaminated land, or(ii) any remediation work in respect of the land has not been validated in accordance with State Environmental Planning Policy No 55—Remediation of Land and its related Guidelines, or(iii) the Council has not been notified of any such validation, or(d) it requires excavation within or on the bed or banks, or within 40 metres of the bank of, the Murray River, or(e) it involves the use of land for the purpose of a shop or commercial premises in which restricted publications, within the meaning of the Classification (Publications, Films and Computer Games) Enforcement Act 1995, are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or(f) it is carried out for the purpose of a brothel, or a shop or commercial premises the primary purpose of which is the administration of tattoos.Table Exempt development
(other than satellite dishes: See “Satellite dishes” in this Table)
A different use of a building resulting from a change of its use:(a) from one lawful type of shop to another lawful type of shop (other than a food shop) or to an office, or(b) from a lawful office to another lawful office or to a lawful shop (other than a food shop)
(other than fences required by the Swimming Pools Act 1992)
Ground mounted• Maximum height of 1,800 millimetres• Situated a minimum of 900 millimetres from the boundary, if the adjoining property is residential• One installation per propertyRoof mounted• Not within street building setback• Not greater than 2,000 millimetres in diameter• Wholly on the property• Maximum one per building• Not visible from a public place
Part 5 Complying development
39 What is complying development?
(1) Development listed in the Table to this clause 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, andsubject to subclauses (2) and (3).(b) it is not an existing use, as defined in section 106 of the Act,(2) Development is complying development only if:(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and(b) it will achieve the outcomes listed in the Table for the development, and(c) it complies with any building setbacks relevant to the types of complying development outlined in Schedule 4, and(d) it does not contravene any condition of a development consent applying to the land, and(e) any Council approval for water and sewer, if required, has been obtained from the Council, and(f) it does not require a tree (as defined in this plan) to be removed unless the prior approval of the Council has been obtained.(3) Development is not complying development if:(a) it is carried out on a heritage item or on land that is the site of a heritage item, or(b) it is not clear of an easement, public sewer, water main or stormwater main, or the zone of influence of a public sewer, water main or stormwater main, or(c) it is carried out on land that has been, or is currently being, used for a land use described in Table 1 to the Managing Land Contamination Planning Guidelines, issued by the Department of Urban Affairs and Planning and the Environment Protection Authority, or(d) it is carried out on land that is contaminated and:(i) any remediation work in respect of the land has not been carried out in accordance with State Environmental Planning Policy No 55—Remediation of Land and the Council’s adopted policy in respect of the management of contaminated land, or(ii) any remediation work in respect of the land has not been validated in accordance with State Environmental Planning Policy No 55—Remediation of Land and its related Guidelines, or(iii) the Council has not been notified of any such validation, or(e) it involves the use of land for the purpose of a shop or commercial premises in which restricted publications, within the meaning of the Classification (Publications, Films and Computer Games) Enforcement Act 1995, are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or(f) it is carried out for the purpose of a brothel, or a shop or commercial premises the primary purpose of which is the administration of tattoos, or(g) it involves utilising a relocated dwelling, caravan, or “kit” home, or(h) it is carried out on land in the flood referral area and is not a commercial use as referred to in the Table to this clause, or(i) it is carried out on land within the Doctors Point, Lyne Street, Corrys Road and Allambie Road areas (shown on the map by black square hatching), but not including the Ettamogah area, or on land within the primary tip buffer area, or(j) is carried out on land within 400 metres of the banks of the Murray River, or,(k) it utilises reflective untreated surfaces or reflective galvanised iron or zincalume roofing material, or(l) it includes the use of zero lot lines.(4) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Schedule 5.(5) In addition, a complying development certificate that relates to the erection of a temporary building must:(a) state that the building is a temporary building, and(b) specify a removal date that is no later than five years after the date of issue of the complying development certificate.(6) A reference in the Table to this clause to the Ettamogah Rural Residential Estate is a reference to the land bordered to the north by Lot 1, DP 241503 and Part Lot 1, DP 130037, to the west by the 260 metre contour AHD, to the south by Lot 16, DP 10432 and Wagga Road/Hume Highway and to the east by the Hume Highway.(7) A reference in the Table to this clause to Albury Development Control Plan 2000 is a reference to that plan as in force on the commencement of Albury Local Environmental Plan 2000 (Amendment No 4).Table Complying development
Any of the following development on allotments between 450 square metres and 1500 square metres:(a) the erection of a detached single storey dwelling-house,(b) alterations and additions to a detached single-storey dwelling-house,(c) development (including single storey garages) ancillary to or incidental to a detached single-storey dwelling house
Any of the following development on allotments over 1500 square metres:(a) the erection of a detached dwelling-house,(b) alterations and additions to a detached dwelling-house,(c) development (including garages) ancillary to or incidental to a detached dwelling-house
The dwelling-house complies with the Victoria Additions: Vic 1–Energy Efficiency, to the Building Code of Australia, in respect of the use of energy in a building or achieves at least a 3½ star rating under the House Energy Rating Scheme (NatHERS)Privacy and security (for the ground floor part of the structure only)Open space and landscaping• Windows in a habitable room that allow an outlook to a window to a habitable room in an adjoining neighbour’s house (where such windows are within 3 metres of each other) are screened by the placement of a fence that is at least 1.5 metres high on the common boundary• A minimum of 30% of the area of the site is unbuilt-on or is an area of soft landscaping• No more than one-third of a property’s front setback area comprises hardstand material• Includes a courtyard area, located behind or beside the building, with minimum dimensions of 5 metres × 7 metres• The courtyard area is directly accessible from the main living area of the dwelling-house, and is unobstructed by a building (within the property) between the compass points of N30 degrees W to N30 degrees EBulk and scale• The courtyard area has a maximum grade of 10% (1 in 10)• The ground floor level of the structure at any point is not more than 1 metre above natural ground level• The distance between the floor level and the underside of the eaves is not more than 2.7 metres for a single storey house and not more than 5.5 metres for a two storey house• The distance between the floor level and the underside of the eaves is not more than 2.7 metres for a single storey house and not more than 5.0 metres for a two storey house in the Ettamogah Rural Residential Estate• The roof pitch is not more than 30 degrees and any openings are flush with the roof
Any of the following development on allotments over 4000 square metres in the Ettamogah Rural Residential Estate:(a) the erection of a detached dwelling-house,(b) alterations and additions to a detached dwelling-house,(c) development (including single storey garages) ancillary to or incidental to a detached dwelling house
Part 6 Subdivision generally and subdivision certificates
40 Subdivision generally
(1) A person must not subdivide land to which this plan applies without the consent of the consent authority.(2) The consent authority must not consent to the subdivision of land unless:(a) the boundaries of allotments created by the subdivision will correspond generally with the boundaries, if any, between zones as shown on the map, or(b) in the opinion of the consent authority, the boundaries of allotments created by the subdivision will depart from those zone boundaries only to a minor extent.(3) Where, on the registration of a plan of subdivision referred to in subclause (2) (b), the boundary between land is determined in a different position from the boundary between different zones indicated on the map, land is to be treated, for the purposes of this plan and any development consent, as being within the appropriate zone as determined by the consent authority.(4) The consent authority must not consent to any subdivision of land unless the purpose for each of the allotments created by the subdivision is specified on the development consent.
41 Subdivision certificates
For the purposes of section 109D (1) (d) (iv) of the Act, an accredited certifier may be a certifying authority for the purpose of issuing a subdivision certificate for a subdivision:(a) that is complying development, or(b) that is the subject of a development consent that is in force, but only if:(i) all conditions of that development consent have been complied with, and(ii) the subdivision does not involve work on, in or under land that is a public place, a public reserve or a public road (other than work involving the connection of privately owned land to an existing public water, sewer or stormwater main, or other utility or service), and(iii) the subdivision does not involve work on, in or under land that is proposed to be dedicated or created for public purposes or otherwise given from private to public ownership or control, and(iv) does not relate to land on which a heritage item is located, and(v) does not relate to land in the Environment Protection Zone, National Highway Zone, Open Space Zone or Urban Fringe Zone.
Part 7 Outdoor advertisements
42 What are the objectives of the outdoor advertising controls?
The objectives of the controls on outdoor advertising set out in this Part are:(a) to enable efficient transmission of directional, commercial, tourist or service information or the like to persons on the move, and(b) to provide an equitable distribution of signage in commercial and industrial areas, and(c) to minimise the visual clutter caused by unnecessary or intrusive signage, particularly within business, residential, open space, heritage and other environmentally sensitive areas that include major thoroughfares.
43 Outdoor advertising controls over-ride development controls
The provisions of this Part have effect despite any provision of Part 3.
44 How are advertisements defined in this plan?
In this Part:above-awning sign means any advertisement located on the wall above the awning level of a building but not sitting on or attached to the awning, that does not project more than 100 millimetres from the wall.advertisement means a sign, notice, device, or similar representation designed to convey a message or information, that is visible from a public place.advertising structure means a structure used or to be used principally for the display of an advertisement, and includes the pole or poles on which any pole or pylon sign is erected.animated sign means a sign that is designed to be moved by the wind or a mechanical device or is inflated, which may or may not be permanently fixed in position and which may make use of flashing, revolving or synchronised lights or sirens or other noise generators.area (message face), in relation to each face of an advertisement, means the area within a line drawn around the outer edge of all letters, symbols, pictures, colours and construction materials associated with the advertisement (but does not include the poles or pylons in the case of a pole or pylon sign).awning level means the underside of an existing awning or verandah, or a point 3.5 metres above existing ground level if no awning or verandah exists.bracket sign means any advertisement suspended from, or fixed to, a wall, by a bracket or similar device, below the awning level.commercial sign means an advertisement:(a) that indicates the lawful purpose for which land or premises are used and the persons carrying out that use, and(b) that has maximum dimensions of 1.2 metres length and 0.6 metre width, andbut does not include an advertisement elsewhere defined in this clause.(c) that is located no more than 1.8 metres above ground level,directional sign means any advertisement, not of a commercial nature, that directs or manages vehicular or pedestrian traffic.drop-awning sign means an advertisement painted, fixed flush, or part of, a roll down blind or the like, secured to the underside of an awning of a building.fascia sign means any advertisement attached to or painted on the fascia or return of an awning.flush wall sign means any advertisement below the awning level that is fixed flush or painted directly onto the exterior wall of a building.illuminated sign means any advertisement illuminated internally or externally in order to make the message readable.internal advertisement means a sign within a sporting or recreational facility or place that is not intended to be viewed from a public street or adjacent properties.pole or pylon sign means an advertisement erected on a single pole, or on poles, independent of any building or structure, of a total height of no less than 1.8 metres and no more than 8 metres above the existing ground level.projecting wall sign means any advertisement that is fixed to and projects more than 100 millimetres from the wall of a building above the awning level.real estate sign means any advertisement that contains a notice relating to the sale or letting of the place or premises to which it is affixed.roof sign means a sign erected above or attached to the roof line of a building.temporary sign means any advertisement:(a) that is erected or created to advertise community or Council projects, construction projects, special events or the like for a period not exceeding 3 calendar months, andbut does not include an animated sign, unless it is erected on a structure erected or approved by the consent authority.(b) that is removed or demolished within one calendar month after the event has occurred,top hamper sign means a sign attached to the transom of a doorway.tourism sign means any sign that directs the public to tourist facilities or activities or to places of scientific, historical, cultural or scenic interest.under awning sign means any sign attached to the underside of an awning.on-awning sign means any sign that is fixed to, sits on, rests on or is attached to the top (horizontal) face of an awning or verandah roof, but does not include a sign affixed to the fascia or return end of an awning.window sign means a sign fixed flush or painted onto either side of a display window of commercial premises.
45 Which advertisements are permissible with development consent?
A person must not carry out development for the purpose of an advertisement without the consent of the council (unless clause 47 provides that the development may be carried out without consent).
46 Which advertisements are prohibited by this plan?
Despite clause 45, development for the purpose of any of the following advertisements is prohibited:(a) any advertisement in the Living Area, Environment Protection, Urban Fringe and Open Spaces zones (other than commercial signs, directional signs, real estate signs, tourism signs, temporary signs, and other signs defined in this Part that relate directly to the lawful use of the land on which they are situated),(b) any advertisement in the National Highway Zone (other than directional signs, temporary signs and tourism signs),(c) any free-standing advertisement or advertising structure in any zone, where the primary purpose of the sign is to advertise to persons utilising the National Highway Zone,(d) any advertisement on a building located on an allotment that directly adjoins or is opposite or adjacent to the National Highway Zone, where:(i) the primary purpose of the advertisement is to advertise to persons utilising the National Highway Zone, and(ii) the advertisement does not relate to the lawful use of the land on which it is placed.
47 Which advertisements do not require development consent?
A person may carry out development for the purpose of an advertisement described in the Table to this clause without development consent, but only:(a) in accordance with the conditions (if any) imposed by the Table, and(b) if the advertisement complies with the Council’s “Street Advertising Policy” as in force from 21 April 1997, and(c) if the advertisement is not offensive, does not cause a nuisance or potential danger to motorists, adjoining premises or other persons, and(d) in the case of development within a heritage conservation area, if the advertisement is appropriate in its location, and(e) if the advertisement complies with the provisions of any relevant development control plan.Table Advertisements that do not require development consent
Urban Fringe Zone
Environment Protection Zone
Open Space Zone
District Centre Zone
Employment Area Zone
District Centre Zone
Employment Zone
Part 8 Heritage items and conservation areas
48 Protection of heritage items, heritage conservation areas, places and archaeological sites
(1) The following development may be carried out only with the consent of the consent authority:(a) demolishing, defacing, damaging or removing a building, work, relic, tree or place within a heritage conservation area,(b) altering a building, work or relic within a heritage conservation area,(c) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,(d) erecting a building on, or subdividing, land that is within a heritage conservation area,(e) any development relating to a heritage item or the land on which a heritage item is located,(f) development of land that is:(i) an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974), or(ii) a potential archaeological site that is reasonably likely to have Aboriginal heritage significance, or(iii) a non-Aboriginal archaeological site, or(iv) a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance.(2) However, development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item, heritage conservation area, relic or land concerned.(3) When determining a development application under this clause, the consent authority:(a) must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item, heritage conservation area, relic or land concerned, and(b) may decline to grant consent to development that relates to a building, relic, tree, place, or archaeological site (not being a potential archaeological site) until it has considered a heritage impact statement from a suitably qualified person that enables the consent authority to assess the heritage significance of, and the impact of the proposed development on, the building, relic, tree, place, or archaeological site, and(c) may decline to grant consent to an application to demolish a building, relic, tree, place or archaeological site until it has taken into account a detailed plan of the proposed development of the land on which the building, relic, tree, place or archaeological site is located.Note—The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).cl 48: Am 2000 No 93, Sch 2.2 [3]; 2008 (571), Sch 3.1 [4].
49 Conservation incentives
Despite any other provision of this plan, the consent authority may grant consent to the use, for any purpose, of a building that is a heritage item or of the land on which a heritage item is located (including the curtilage of such land), if the consent authority is satisfied that:(a) the proposed use would have little or no adverse effect on the amenity of the area and the heritage item, and(b) the conservation of the heritage item depends on the consent authority granting the consent.
50 Advertised development concerning heritage
(1) For the purposes of the Act, the following development is identified as advertised development:(a) the demolition or alteration of a building, work, relic or tree that is a heritage item,(b) the erection of a building or structure within the curtilage of a heritage item,(c) the demolition of a dwelling within a heritage conservation area,(d) the use, for any purpose, of a building that is a heritage item or of the land on which a heritage item is located (including the curtilage of such land),(e) development of land that is:(i) an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974), or(ii) a potential archaeological site that is reasonably likely to have Aboriginal heritage significance, or(iii) a non-Aboriginal archaeological site, or(iv) a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance.(2) However, development that involves the partial demolition or alteration of a heritage item or a building or work within a heritage conservation area or an addition to the curtilage of a heritage item, is not identified as advertised development if, in the opinion of the consent authority, the partial demolition or alteration or curtilage modification:(a) will be of a minor nature, and(b) will not adversely affect the heritage significance of the heritage item, building or work, and(c) is likely to facilitate the sympathetic redevelopment of the remainder of the heritage item, building or work.
51 (Repealed)
cl 51: Rep 2008 (571), Sch 3.1 [5].
52 Notification of certain development on archaeological sites or potential archaeological sites
(1) The consent authority must not grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance unless the consent authority:(a) has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and(b) except where the proposed development is integrated development, has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and(c) is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.(2) The consent authority must not grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance unless the consent authority:(a) has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and(b) is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.cl 52: Am 2008 (571), Sch 3.1 [6] [7].
Part 9 Miscellaneous provisions
Division 1 Environmental and hazard control
53 Development along the Murray River
(1) Despite any other provision of this plan, a person must not carry out any development on land comprising the bed or bank of, or within 20 metres of the bank of, the Murray River, without the consent of the consent authority.(2) Despite any other provision of this plan, a person must not:(a) erect a building on land within 400 metres of the banks of the Murray River, or(b) destroy a tree on land within 400 metres of the banks of the Murray River, orwithout the consent of the consent authority.(c) construct a dam, drainage works, a levee bank or a water storage area on land within 400 metres of the banks of the Murray River,(3) The consent authority must not grant consent to an application to erect a building on:(a) land comprising the bed of the Murray River, orunless, in the opinion of the consent authority, the building:(b) land within 100 metres of the banks of the Murray River,(c) is ancillary or complementary to the use of the land for recreational purposes, or(d) will be used for the purpose of servicing vessels, water pumping or treatment works, irrigation or fisheries.(4) The consent authority must not grant consent to an application to carry out development referred to in subclause (1) or (2) unless, in the opinion of the consent authority, the destruction of any trees required for carrying out the development, and the development itself, will be carried out in a manner that minimises:(a) the risk of soil erosion and other environmental degradation on that land and adjoining land, and(b) the loss of scenic amenity on that land and adjoining land, and(c) the loss of important vegetation systems and natural wildlife habitats on that land and adjoining land.
54 Development on land in flood referral areas
(1) A person must not carry out development on land within a flood referral area except with the consent of the consent authority.(2) The consent authority may consent to development on land within a flood referral area only if it is satisfied that:(a) the development would not:(i) adversely affect the efficiency of a floodway, or(ii) unduly restrict the capacity of a floodway to carry and discharge floodwaters, or(iii) significantly increase the level of flooding on other land in the vicinity, or(iv) result in risk to life or human safety, to property or to the environment, in the event that the land or adjoining land is inundated by flood water, and(b) any portion of any building or structure proposed to be located in a position where it is likely to be subject to inundation will be built from flood-compatible materials and will be designed to be capable of withstanding flooding, and(c) satisfactory arrangements are made for access to the development during a flood.(3) Nothing in this clause limits or restricts the authority of the consent authority to consent to the carrying out of water control measures.(4) In considering any application to carry out development on land in a floor referral area, the consent authority must have regard to the principles and guidelines contained in the current Floodplain Management Manual, Development Guidelines, prepared by the New South Wales Government.
55 Tree preservation
(1) A person must not poison, ringbark, cut down, lop, chop, injure or wilfully destroy a tree on any land to which this plan applies if the tree:(a) is greater than 4.5 metres high, andwithout the consent of the consent authority.(b) has a branch spread greater than 3 metres,(2) However, the consent of the consent authority is not required for any of the following:(a) the pruning of any tree for the purpose of its regeneration or shaping,(b) the poisoning, ringbarking, cutting down, lopping, chopping, injury or wilful destruction of a tree that is dead or dying or that has become dangerous, but only if notice of the action is given to the consent authority before it is carried out,(c) the removal of any fruit tree or noxious plant,(d) the removal of any tree located within two metres of an existing building,(e) anything required to be done in accordance with the Electricity Supply (Safety Plans) Regulation 1997,(f) the poisoning, ringbarking, cutting down, lopping, chopping, injury or wilful destruction of a tree in a State forest, on a timber reserve (within the meaning of the Forestry Act 1916) or on other Crown land.
56 Hazardous or offensive development
(1) The consent authority must not grant consent to a development application allowing development for the purpose of a hazardous or offensive industry or storage establishment unless the consent authority:(a) has had regard to the current circulars and guidelines published by the Department of Urban Affairs and Planning relating to hazardous or offensive development, and(b) has given consideration to a preliminary hazard analysis in relation to the development.(2) The consent authority may decline to grant consent to development for the purpose of a hazardous or offensive industry or storage establishment unless the applicant can satisfy the consent authority that measures can be taken to adequately mitigate the potential danger to the surrounding environment and unless the development is subject to conditions requiring:(a) the carrying out of a hazard and operations study, including information on either or both of the following:(i) the measures to be taken to reduce any hazard,(ii) any measures proposed to be employed to minimise the potential for a malfunction or accident that may cause offence to the surrounding environment, and(b) the carrying out of an emergency procedure scheme, and(c) the carrying out of annual independent hazard audits.
57 Contaminated land
(1) This clause applies to land that is contaminated or that is potentially contaminated.(2) When considering an application to carry out development on land to which this clause applies, the consent authority must have regard to:(a) the current guidelines issued by the Department of Urban Affairs and Planning in respect of the management of contaminated land, and(b) any adopted policy of the consent authority or development control plan in respect of such land.
Division 2 Miscellaneous development controls
58 Brothels
(1) Despite any other provision of this plan, development for the purpose of a brothel may only be carried out, with the consent of the consent authority, in the Employment Area Zone.(2) The consent authority must not grant consent to a brothel unless it has made an assessment of:(a) the proximity of the brothel to any school, place of worship, community facility or other similar place where children and young persons are likely to gather or pass by, and(b) any matter within a development control plan relating to the siting, establishment and regulation of a brothel.
59 Albury Airport
(1) This clause applies to land that may, in the opinion of the consent authority, be subject to aircraft noise and building height restrictions attributable to the operation of the Albury Airport (being land shown on Sheet 4 of the map).(2) In determining any application for consent to carry out development on land to which this clause applies, the consent authority must take into consideration the following:(a) whether the development will cause an obstruction to the Airport’s operations, having regard to the Obstacle Limitations Surface Plan, a copy of which may be inspected at the offices of the Council,(b) the effect of noise levels from the Airport, and whether measures will be taken to adequately insulate buildings from aircraft noise in accordance with the provisions of Australian Standard AS 2021–1994(Acoustics—Aircraft noise intrusion—Building siting and construction) published by Standards Australia in February 1994, a copy of which may be inspected at the offices of the Council,(c) whether the development will adversely affect the safe operation of the Airport,(d) whether the development is likely to attract birds that may be a hazard to aircraft,(e) the recommendations of the Albury Airport Master Plan, a copy of which may be inspected at the offices of the Council,(f) any representations made to the consent authority by Airservices Australia.
60 Home businesses
A person may, with the consent of the consent authority, use a building occupying a gross floor area of up to but not more than:(a) 100 square metres, on land in the Urban Fringe Zone or the Environment Protection Zone, orfor the purpose of a home business.(b) 50 square metres, on land in the Living Area Zone,
61 Caravan parks and manufactured home estates
Despite any other provision of this plan, the consent authority must not grant consent to development on land to which this plan applies for the purpose of a caravan park or a manufactured home estate unless the land:(a) is serviced by reticulated water and reticulated sewerage, and(b) is located above the 1 in 100 year flood level as determined by the consent authority.
62 Roads
(1) A person must not, on land to which this plan applies, construct a road that has access to an existing public road or a proposed road, without the consent of the consent authority.(2), (3) (Repealed)cl 62: Am 2008 (571), Sch 3.1 [8]; 2010 No 59, Sch 2.5.
63 Development of certain land bordered by Logan, Burrows and Union Roads
(1) This clause applies to land bordered by Logan Road, Burrows Road, Union Road and the eastern boundary of Reserve 69765 in DP 753326.(2) Despite any other provision of this plan, the consent authority may consent to development on land to which this clause applies for the purpose of a golf course and residential estate.(3) The consent authority must not grant consent to the development of the land for that purpose:(a) until a development control plan relating to the land has been approved by the consent authority, and(b) unless the proposed development conforms to that development control plan.(4) That development control plan must satisfactorily address at least the following matters:(a) the hydrology and flood effect of works proposed,(b) the staging of development and the provision of resident and public amenities within the development,(c) the landscape buffering of the boundaries of the land and the Motor Inn located on Lot 1133, DP 704980, Logan Road, Albury,(d) the location of the pro-shop and amenities building,(e) the retention of existing mature vegetation and the staged planting of vegetation within the development,(f) the required style and quality of the dwellings within the development.
63A Aged care accommodation, Kremur Street, West Albury
(1) This clause applies to Lot 2001, DP 702800, Kremur Street, West Albury, as shown distinctively coloured on the map marked “Albury Local Environmental Plan 2000 (Amendment No 9)”.(2) Despite any other provision of this plan, the consent authority must not grant consent to development on land to which this clause applies except for the purpose of aged care accommodation.(3) The consent authority must not grant consent to the development of the land for that purpose until:(a) a development control plan relating to the land has been approved by the consent authority, and(b) the consent authority has taken the provisions of the development control plan into consideration.(4) The development control plan must make provision for at least the following matters:(a) the building site coverage on the land is not to exceed 50%,(b) the height of buildings is to be limited to two storeys on lower areas of the site and one storey on rising ground,(c) building envelopes are to be defined so as to provide for side and rear boundary setbacks with buffer zone landscaping,(d) suitable pedestrian access is to be provided from Bonnie Doon Park across Pemberton Street to the Kremur Street Reserve,(e) the Kremur Street Reserve is to be improved, with such improvements to include a children’s playground, an off-the-leash area for dogs and extensive landscaping,(f) a pedestrian link is to be provided from Park Lane, across the land to which this clause applies to the Kremur Street Reserve.(5) In this clause, Kremur Street Reserve means the land edged with a heavy black broken line on the map referred to in subclause (1).cl 63A: Ins 14.6.2002.
64 Development on land for certain additional purposes
(1) Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development on land referred to in Schedule 6 for the purpose specified in that Schedule, subject to any conditions specified in that Schedule.(2) Subclause (1) does not prevent the application to the development of those provisions of this plan that are not inconsistent with subclause (1) or with a consent granted by the consent authority for that development.
64A Development of certain land bordered by Kiewa, Smollett and Olive Streets and Volt Lane
(1) This clause applies to Lot 2, DP 607859 and Lot 1, DP 1007152 (being the plan of consolidation of Lot C, DP 37943, Lot 1, DP 581119, Lots 1 and 2, DP 538172, Lot 60, DP 602005, Lot 12, DP 532621, Lot 1, DP 784791, Lots A, B, C and D and ROW shown in DP 151339 (ROW being the residue of Conveyance No 4 Book 290) and ROWs shown in DP 37943, DP 155208 and DP 154602), being land bordered by Kiewa Street, Smollett Street, Olive Street and Volt Lane.(2) Despite any other provision of this plan the consent authority must not grant consent to development on land to which this clause applies that is public land (within the meaning of the Local Government Act 1993) unless the consent authority is satisfied that after the carrying out of the development the land will retain the same number of public car parking spaces as existed prior to the carrying out of the development.cl 64A: Ins 8.2.2002.
64B Restriction on use of land, Lot 141, DP 130012, Hume Highway, Ettamogah, known as Ettamogah Sanctuary
(1) This clause applies to Lot 141, DP 130012, Hume Highway, Ettamogah, and known as the Ettamogah Sanctuary, as shown coloured purple and edged heavy black on Sheet 2 of the map marked “Albury Local Environmental Plan 2000 (Amendment No 7)”.(2) Despite any other provision of this plan, a person must not carry out development on the land to which this clause applies except for the purposes of a zoological park and associated uses.(3) In this clause:zoological park means a zoological garden, aquarium or similar institution in which animals are kept or displayed for conservation, scientific, educational, cultural or recreational purposes.cl 64B (previously cl 64A): Ins 2006 (97), Sch 1 [2]. Renumbered 2006 No 58, Sch 2.1.
Division 3 Other provisions
65 Temporary use of land
Despite the other provisions of this plan, the consent authority may grant consent to development on land for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year, if the consent authority is satisfied that the proposed use will have little or no impact on the existing or likely future use of the land concerned, or adjoining persons or property.
66 Classification or reclassification of public land as operational
(1) The public land described in Schedule 7 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.(2) In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trust, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:(a) those (if any) specified for the land in Part 2 of Schedule 7, and(b) any reservations that except land out of a Crown grant relating to the land, and(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).(3) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 7 was made, the Governor approved of subclause (2) applying to the land.(4) In this clause:the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 7, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.(5) Land described in Part 1 of Schedule 7 is land that was classified, or reclassified, as operational land before the application of the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.cl 66: Am 9.2.2001; 2005 (718), Sch 1 [1] [2].
67 Notification of development
The consent authority’s policy with respect to the public notification and advertisement of development applications and draft local environmental plans may be contained within a development control plan.
68 Operation of this plan
Nothing in this plan restricts, prohibits or requires development consent for:(a) the carrying out of development or an activity of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, not being development or an activity listed in the exclusions in a clause of that Schedule, or(b) the use of existing buildings of the Crown by the Crown, or(c) the use of any building or place for the purpose of a home-based child care service, if written notice is given to the consent authority before the use commences advising the name of the caregiver, address of the service and number of children to be cared for, or(d) the carrying out of development by the consent authority or a public authority for the purposes of gardening, ground works, the repair and maintenance of facilities associated with the land, landscaping, bushfire hazard reduction and parking.
69 Suspension of covenants, agreements and similar instruments
(1) If any covenant, agreement or similar instrument prohibits development allowed by this plan, then its application to that development is suspended, to the extent necessary to allow that development.(2) Nothing in subclause (1) affects the rights or interests of the consent authority or any other public authority under any registered instrument.(3) Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.
Schedule 1 Heritage items (List 1)
(Clause 5 (1))
Item No | Description |
5 | “Beaumont”—600 Beaumont Crescent |
10 | “Springfield”—431 Crisp Street |
14 | House—356 David Street |
19 | Albury Public School—465 David Street |
21 | “Adamshurst”—603 David Street |
25 | Terrace Houses—662–670 David Street |
26 | House—791 David Street |
30 | Shop 453–459 Dean Street |
31 | Shop—452 Dean Street |
32 | Cinema Centre—456 Dean Street |
33 | Shop (“Florance Chemist”)—461–463 Dean Street |
37 | CML Building—499 Dean Street |
38 | Former Bank—500 Dean Street |
39 | Music Conservatorium—502 Dean Street |
41 | Regional Art Centre—546 Dean Street |
42 | T & G Building—555 Dean Street |
43 | Burrows House—556 Dean Street |
44 | AMP Building—557 Dean Street |
45 | Court House—564 Dean Street |
46 | Shops (“Mates Arcade”)—569 Dean Street |
47 | Post Office—570 Dean Street |
56 | Anzac House—611 Dean Street |
58 | Temple Court—617 Dean Street |
59 | Beehive Building—637 Dean Street |
63A | Forrest Hill Area:
|
63B | 730 Fellowes Crescent |
67 | Shop—462 Guinea Street |
75 | New Albury Hotel—491 Kiewa Street |
76 | St Matthew’s Church—514 Kiewa Street |
77 | St Matthew’s Rectory—518 Kiewa Street |
85 | “Bonegilla”—587 Kiewa Street |
86 | “Bellevue”—592 Kiewa Street |
91 | Albury High School—Kiewa Street |
92 | Headmaster’s House—653 Kiewa Street |
103 | House—452 Macauley Street |
108 | Memorial Bowl—Monument Hill |
110 | Monument—Monument Hill |
111 | House—494 Nathan Avenue |
113 | Convent of Mercy—441 Olive Street |
114 | Albury Public School—468 Olive Street |
116 | Methodist Church—551 Olive Street |
117 | Methodist Church Hall—559 Olive Street |
118 | Shops—“Abikhair’s”—558–560 Olive Street |
119 | St David’s Manse—589 Olive Street |
120 | St David’s Church Hall—591 Olive Street |
121 | St David’s Church—595 Olive Street |
124 | “Boldrewood”—640–646 Olive Street |
125 | “Adams”—644–646 Olive Street |
142 | Commercial Hotel—436 Smollett Street |
143 | Bottleshop—438 Smollett Street |
148 | “The Carriageway”—506–508 Smollett Street |
149 | St Patrick’s Church—515 Smollett Street |
150 | St Patrick’s Presbytery—515 Smollett Street |
151 | Roman Catholic Hall—521 Smollett Street |
152 | Fig Tree—533 Smollett Street |
153 | Australian Tax Office—567 Smollett Street |
155 | Smollett Street Bridge—Smollett Street |
158 | Houses—444–450 Swift Street |
159 | Terrace House—454–456 Swift Street |
160 | House—462 Swift Street |
161 | House—464 Swift Street |
162 | Terrace House—466–470 Swift Street |
163 | “Torlochan”—482 Swift Street |
165 | Funeral Parlour and Residence—486 Swift Street |
171 | Gas and Fuel Building—419 Townsend Street |
172 | “Elm Court”—435 Townsend Street |
174 | “Kia Ora”—473 Townsend Street |
175 | House—288 Walsh Street |
187 | Shop and two dwellings—436–440 Wilson Street |
191 | The Model Store—454 Wilson Street |
192 | Soden’s Hotel—459 Wilson Street |
193 | Houses—470–490 Wilson Street |
194 | Car Club House—292 Wodonga Place |
195 | Turks Head Museum—Wodonga Place |
197 | Hovell Tree—Wodonga Place |
200 | Botanic Gardens—Wodonga Place |
202 | Terrace Houses—561–565 Wyse Street |
204 | Railway Bridge—Murray River |
205 | Station Master’s Residence—Young Street |
206 | Albury Railway Station—Young Street |
207 | Signal Box/Footbridge—Young Street |
210 | Railway Workers Hut—508 Young Street |
211 | Houses—532–536 Young Street |
213 | Bunge Flour Mill—570 Young Street |
214 | “Muniong”—Lot 21, DP 625950, Hume Highway, Albury |
215 | Wine vats—Lot 652, DP 717971 |
216 | “Guadalupe House”—St Johns Road, Thurgoona |
217 | “Noorla”—Part Lot 20, DP 584647, St Johns Road, Thurgoona |
218 | “St Hilaire”—St Johns Road, Thurgoona |
219 | Farm building ruins—Lot 625, DP 717911, Old Sydney Road, Thurgoona |
220 | St John’s Anglican Church—Portion 82, Old Sydney Road, Thurgoona |
307 | Former Water Pumping and Electricity Generating House—WR3060, Boundary Road, Albury |
Schedule 2 Heritage items (List 2)
(Clause 5 (1))
Item No | Description |
1 | Houses—360–72 and 355–63 Amatex Street |
2 | Arcade of shops—Amp Lane |
3 | Palm Tree—Banff Avenue |
4 | House—671 Banff Avenue |
6 | Houses—607–638 Carrington Street |
7 | Trees—Carrington Street |
8 | Houses—355–369 Charles Street |
9 | Palm Trees—530 Creek Street |
11 | “Avonlea”—511 Crisp Street |
12 | House—527 Crisp Street |
13 | Houses—328 and 330 David Street |
15 | Houses—401–415 David Street |
16 | Houses—402–418 David Street |
17 | House (Haberfields)—419 David Street |
18 | House—448 David Street |
20 | “Fernhurst”—593 David Street |
22 | Houses—648 and 652 David Street |
23 | House—655 David Street |
24 | Corner Store and House—659 David Street |
27 | Overhead Bridge—Dean Street (east) |
28 | Terminus Hotel—417 Dean Street |
29 | Shop and Residence—442–444 Dean Street |
34 | Shops—464–480 Dean Street |
35 | Shops—477–479 Dean Street |
36 | Shops—483–485 Dean Street |
40 | Shops—537–551 Dean Street |
49 | National Australia Bank—573 Dean Street |
50 | Shop—583 Dean Street |
51 | Globe Corner—586 Dean Street |
52 | Commonwealth Bank—590 Dean Street |
53 | Albion Hotel—593 Dean Street |
54 | National Australia Bank—606 Dean Street |
55 | Shops—608–642 Dean Street |
57 | Westpac Bank—615 Dean Street |
60 | Shop—639 Dean Street |
61 | Parkland—Dean Street (west) |
62 | Houses—582–606 Englehardt Street |
64 | House—528 George Street |
65 | Houses—595–623 Griffith Street |
66 | House—442 Guinea Street |
68 | Houses—513–529 Guinea Street |
69 | Houses—541–569 Hanel Street |
70 | “Mudges Canal”—Hovell Street (Townsend-Kiewa) |
71 | Electricity Substation—540 Hovell Street |
72 | Houses—596–624 Jones Street |
73 | Shops—633–635 Jones Street |
74 | Houses—347–373 Kenilworth Street |
78 | Albury Club—519 Kiewa Street |
79 | “Belbridge Hague”—522 Kiewa Street |
80 | “Fallon’s Cellar”—550–552 Kiewa Street |
81 | Masonic Hall—562 Kiewa Street |
82 | Fire Station—565 Kiewa Street |
83 | “Nyang”—590 Kiewa Street |
84 | “Hawthorn”—585 Kiewa Street |
87 | House—607 Kiewa Street |
88 | House—612 Kiewa Street |
89 | Shop and House—638 Kiewa Street |
90 | House—644 Kiewa Street |
93 | Trees—682 Kiewa Street |
94 | Gaslight—cnr Kiewa and Poole Streets |
95 | House—341 Macauley Street |
96 | House—365 Macauley Street |
97 | House—371 Macauley Street |
98 | House—381 Macauley Street |
99 | Houses—427 and 429 Macauley Street |
100 | Houses—438 and 440 Macauley Street |
101 | Houses—446 and 448 Macauley Street |
102 | House—447 Macauley Street |
104 | Terrace Houses—480–84 Macauley Street |
105 | House—552 Macauley Street |
106 | Houses—638–642 Macauley Street |
107 | “Quamby”—641 Macauley Street |
115 | Albury Motors—484 Olive Street |
122 | “The Cedar”—610 Olive Street |
123 | University Buildings—616–630 Olive Street |
126 | Houses—627–645 Olive Street |
127 | “Ben Werrin”—599 Paine Street |
128 | Trees—Paine Place |
129 | House—26 Pilbara Place |
130 | House—357 Rau Street |
131 | House—361 Rau Street |
132 | “Grestford”—364 Rau Street |
133 | House—369 Rau Street |
134 | Corner Store—370 Rau Street |
135 | Houses—371–383 Rau Street |
136 | House—378 Rau Street |
137 | House—624 Sackville Street |
138 | Macquarie Worsteds—Schubach Street |
139 | House—456 Schubach Street |
140 | House—474 Schubach Street |
141 | House—476 Schubach Street |
144 | Corner Store—461 Smollett Street |
145 | House—471 Smollett Street |
146 | Monastery—481 Smollett Street |
147 | St Patrick’s Primary School—Smollett Street |
154 | “Green Court”—589 Smollett Street |
156 | “Quilters Cottage”—Spencer Street |
157 | House—436 Swift Street |
164 | House—485 Swift Street |
166 | House—487 Swift Street |
167 | Shop—552 Thurgoona Street |
168 | Houses—520–534 Thurgoona Street |
169 | Excavation “Greers Cellar”—Thurgoona Street |
170 | Houses—316–318 Townsend Street |
173 | Shop—459 Townsend Street |
176 | Houses—348–364 Wilson Street |
177 | House—363 Wilson Street |
178 | Houses—368–376 Wilson Street |
179 | House—371 Wilson Street |
180 | House—375 Wilson Street |
181 | House—379 Wilson Street |
182 | Footbridge—Wilson Street |
183 | Woolstore—414 Wilson Street |
184 | “Cumnock”—418 Wilson Street |
185 | Houses—420–424 Wilson Street |
186 | Shop—426 Wilson Street |
188 | “Uralba”—443 Wilson Street |
189 | “Gun Shop”—444 Wilson Street |
190 | House—449 Wilson Street |
196 | c 1885 brick colonial Georgian building—406 Wodonga Place |
198 | Grand Stand—Wodonga Place |
199 | Pump Station—440 Wodonga Place |
201 | House—559 Wyse Street |
203 | Shop—600 Wyse Street |
208 | Transhipment Shed—opp Centenary Street |
209 | Railway Turntable—Young Street |
212 | House—540 Young Street |
Schedule 3 Excluded open space land—private open space
(Clauses 28 and 29 (4))
Albury Golf Club—Lot 181, DP 793259Hume Golf Club—comprising the land in the Open Space Zone bounded by Logan Road, Burrows Road and Union Road, Albury and the line formed by the eastern boundary of Reserve 69765 in DP 753326
Thurgoona Golf Club—Lot 7, DP 777709, Lot 654, DP 612771 and Lot 8, DP 771610
Albury Race Course—Lot 2, DP 808345 and Part Lot 38, DP 753326
Albury Tennis Association Complex—Lots 12, 13, 14, 15, 16 and 17 Section 2 DP 758013, Part Lots 4 and 5 Section 2 DP 758013, Lots 1, 2 and 3 DP 157188, Part Lots A and B DP 156319, Lot 7 DP 544200, Lot 2 DP 518155 and the small strip of land, approximately 0.863 metres wide, adjoining the western boundary of Lot 11 DP 87571, as shown edged with a heavy black line on the map marked “Albury Local Environmental Plan 2000 (Amendment No 11—Albury Tennis Association Complex)”.
sch 3: Am 9.1.2004.
Schedule 4 Minimum setbacks for complying development
(Clause 39 (2) (c) and Table to clause 39)
Non-corner sites—single dwellings only | ||
Setback type | Minimum setback to any structure or property boundary | Building envelope |
Primary building setback (ie the street frontage) | The greatest of the following setbacks: (a) 4 metres, (b) the average of the setback of the like structure on either side of the subject property, (c) any setback specified for the relevant land by the Albury Development Control Plan 2000 | N/A |
Side setbacks—external walls, all buildings | The greatest of the following setbacks: (a) 0.9 metre, (b) the building envelope, (c) any setback specified for the relevant land in the Albury Development Control Plan 2000 | Obtained by vertically rising 5.5 metres above the side boundary, then travelling inwards at an angle of 45° to the horizontal plane |
Side setbacks—eaves and gutters | 0.5 metre | N/A |
Rear setback | 2 metres | N/A |
Garages | 4.5 metres from the street property boundary | N/A |
Open carports (that is, carports with no solid door facing the street and sides that are wholly open, apart from support posts) | 3.5 metres from the street property boundary | N/A |
Corner sites—single dwellings only | ||
Setback type | Minimum setback to any structure or property boundary | Building envelope |
Primary setback (ie either street) | As for non-corner sites | N/A |
Secondary setback (ie the other street frontage) | 2 metres | N/A |
Side and rear setbacks—external walls, all buildings | As for side setbacks—external walls, all buildings on non-corner sites | As for side setbacks—external walls, all buildings on non-corner sites |
Side and rear setbacks—eaves and gutters | 0.5 metre | N/A |
Garage | ||
• Primary setback | 4.5 metres from the street property boundary | N/A |
• Secondary setback | 2.5 metres from the street property boundary | N/A |
Open carports (that is, carports with no solid door facing the street and sides that are wholly open, apart from support posts) | ||
• Primary setback | 3.5 metres from the street property boundary | N/A |
• Secondary setback | 1.5 metres from the street property boundary | N/A |
Setback diagram
The following Figure provides a diagrammatic explanation of various primary, secondary, side and rear setbacks.
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Schedule 5 Conditions of complying development certificate
(Clause 39 (4))
1 Before you begin work
(1) Two days before any site works, building or demolition begins, the applicant must:(a) forward a Notice of commencement of work and appointment of Principal Certifying Authority (Form 7 of the Regulation) to the Council, and(b) notify the adjoining owners that work will commence.(2) Before any site works, building or demolition is started, the applicant or builder must:(a) notify the Council of the name, address, phone number and licence number of the builder, and(b) erect a sign at the front of the property stating that unauthorised entry is prohibited and showing the builder’s name, licence number and site address, and(c) provide a temporary on-site toilet, and(d) protect and support any neighbouring buildings, and(e) protect any public place from damage, obstruction or inconvenience from the carrying out of the development, and(f) prevent any substance from falling onto a public place, and(g) follow any other conditions prescribed by the Regulation.
2 Site management
(1) Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land.(2) Those controls must be in accordance with the current Soil and Water Management Policy (or the like) adopted by the Council and must involve the following:(a) the diversion of uncontaminated run-off around cleared or disturbed areas,(b) the erection of a silt fence to prevent debris escaping into drainage systems or waterways,(c) the prevention of tracking of sediment by vehicles onto roads,(d) the stockpiling of topsoil, excavated material, construction and landscaping supplies and debris within the site, and the removal or utilisation (where appropriate) of that stockpile after completion of the building.(3) Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the approved building area.
3 Drainage
The land surrounding any structure must be graded to divert surface water to the legal point of adequate discharge, and clear of existing and proposed structures and adjoining premises
4 Inspections during construction
The applicant must notify the principal certifying authority in advance (at least 48 hours in writing or 24 hours by phone) to inspect and certify the following:(a) all pier holes or footings excavations, before pouring concrete,(b) steel reinforcing for footings, slabs and other structural members, before pouring concrete,(c) framework of structure, before lining or cladding is installed,(d) wet areas treated, before lining or tiling,(e) completion of works, before occupation.
5 Site access
(1) Where kerb and gutter is provided, driveways are to be a minimum of 500 millimetres clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the Council.(2) Where kerb and gutter is not provided, a suitable culvert crossing must be provided.(3) Driveways are to be a minimum of 6 metres from a road intersection.(4) Driveways are to be constructed in accordance with AS 2890, with appropriate transition zones.
Schedule 6 Development on land for certain additional purposes
(Clause 64)
Land | Purpose | Conditions |
Lot 2, DP 151345 and Lot 1, DP 742704, Nos 394 and 398 David Street, South Albury | Machinery and plant hire business | Nil |
Lot 2 in a subdivision of Lot 51 DP 808832, Lot 52, DP 808832, Lot 2, DP 850052 and Lot 3, DP 784558 David Street and Hovell Street, South Albury | Milk factory | Nil |
Lot B, DP 156845 and Lots 1–3 DP 38371, No 368 David Street, Albury | Bus depot | Nil |
Schedule 7 Classification or reclassification of public land as operational
(Clause 66)
Part 1
Lot 11, DP 240877 (No 683), Belgravia Avenue, Albury.Lots 1, 2 and 3 DP 794248, Bunton Park, Albury.
Part Lot 22, DP 32504 and Lot 16, DP 804744, Webb Street, Lavington (as shown on the map marked “Albury Local Environmental Plan No 105”, deposited in the office of the Council).
Part 2
Lots 2, 3, 6 and 9, DP 826230 and Lot 9102 DP 791167 Logan Road and Union Road, Albury.Lot 15, DP 243914, Moore Street, Lavington (as referred to in Albury Local Environmental Plan 2000 (Amendment No 1))
Part Public Road and Part Lot 3, DP 825949, Ryan Road, North Albury (as referred to in Albury Local Environmental Plan 2000 (Amendment No 1) and shown on the map marked “Albury Local Environmental Plan 2000 (Amendment No 1)”)
Lot 2, DP 607859, Lot 1, DP 1007152 (being the plan of consolidation of Lot C, DP 37943, Lot 1, DP 581119, Lots 1 and 2, DP 538172, Lot 60, DP 602005, Lot 12, DP 532621, Lot 1, DP 784791, Lots A, B, C and D and ROW shown in DP 151339 (ROW being the residue of Conveyance No 4 Book 290), ROWs shown in DP 37943, DP 155208 and DP 154602), Lot 1, DP 803753, Lot 2, DP 593932, Lot 1, DP 574825, Lot 2, DP 592880 and Lot 6, DP 758013—Albury Local Environmental Plan 2000 (Amendment No 6).
Lot 2001, DP 702800, Kremur Street, West Albury—Albury Local Environmental Plan 2000 (Amendment No 9)
Part Lot 1, DP 820848, known as part of the Kremur Street Reserve, West Albury, as shown edged heavy black on the map marked “Albury Local Environmental Plan 2000 (Amendment No 13)”
Lot 102, DP 771704, 2 Hoffman Drive, Thurgoona, as shown edged heavy black on Sheet 1 of the map marked “Albury Local Environmental Plan 2000 (Amendment No 7)”
Lot 141, DP 130012, Hume Highway, Ettamogah, known as the Ettamogah Sanctuary, as shown coloured purple and edged heavy black on Sheet 2 of the map marked “Albury Local Environmental Plan 2000 (Amendment No 7)”
sch 7: Am 9.2.2001; 8.2.2002; 14.6.2002; 2005 No (718), Sch 1 [3]; 2006 (97), Sch 1 [3].