Baulkham Hills Local Environmental Plan 2005

Part 1 Preliminary

1 Name of plan

This plan is Baulkham Hills Local Environmental Plan 2005.

2 Aims of plan and objectives for development

Note—

This plan restates the provisions of Baulkham Hills Local Environmental Plan 1991 and incorporates the amendments that have been made to it so as to provide a coherent statement of planning intent for Baulkham Hills, bring those provisions up to date and ensure consistency with all relevant and current legislation.

(1)  The aims of this plan are:

(a)  with respect to the natural and built environment of the Baulkham Hills local government area, to conserve and enhance the natural and built environment of Baulkham Hills for present and future generations, and

(b)  with respect to the community of that area, to encourage a strong sense of community identity and economic well being throughout Baulkham Hills through the development of local communities that are safe, liveable and offer a diversity of land use and economic opportunity, and

(c)  with respect to use of resources within that area, to promote the efficient utilisation of land, services and support facilities in existing urban areas and to provide for the orderly growth of new urban areas that promote a high level of residential amenity, and

(d)  with respect to flexibility, to create a broad framework of controls and allow the opportunity for more detailed provisions relating to matters of local significance to be contained in development control plans.

(2)  The objectives for development of this plan are:

(a)  with respect to the natural and built environment of the Baulkham Hills local government area, that development should:

(i)  recognise and implement the principles of ecologically sustainable development, and

(ii)  protect and enhance the area’s biodiversity, and

(iii)  ensure that environmentally sensitive areas are suitably protected, and

(iv)  address all natural hazard concerns, including flooding, landslip, subsidence, salinity, tidal inundation, land contamination and acid sulfate soils, and

(v)  respect, improve and integrate with the local character of the locality in which it is carried out, and

(vi)  rehabilitate the natural environment where damaged by previous activities, and

(vii)  have regard to the land uses that form the rural and urban environment of the Shire, and

(viii)  minimise the use of non-renewable resources and maximise the use of renewable resources, and

(ix)  incorporate energy saving mechanisms and water saving mechanisms, and

(x)  minimise waste and pollution, and

(xi)  promote buildings designed for adaptive re-use, and

(xii)  conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and

(xiii)  conserve and enhance the natural, cultural and environmental heritage of the area, and

(xiv)  positively contribute to the retention and maintenance of items of indigenous and non-indigenous heritage, and

(b)  with respect to the community of that area, that development should:

(i)  integrate land use and improve access to open space, employment opportunities, public transport, community facilities and commercial services, and

(ii)  reinforce the retail and commercial centres hierarchy within the area, and

(iii)  provide opportunities for tourism and recreational development in appropriate locations, and

(iv)  provide for home-based activities that are compatible with the character and amenity of the neighbourhood or place in which they are to be located, and

(v)  maximise positive social impacts and minimise potentially detrimental social impacts, and

(vi)  provide informal surveillance of public spaces, and

(vii)  optimise the shared use of streets and parking facilities, while improving or creating an efficient pedestrian environment, and

(c)  with respect to use of resources within that area, development should:

(i)  protect localities from inappropriate development and ensure that local amenity is maintained and enhanced, and

(ii)  provide choice in housing for residents, and

(iii)  ensure that urban housing type varies and is designed and constructed in a manner that can accommodate (or be adapted to the needs of) a variety of household types, and

(iv)  contribute to the synergy between land use activities.

cl 2, note: Am 2005 No 98, Sch 2.2 [1].

3 Land to which plan applies

(1)  This plan applies to the land within the local government area of Baulkham Hills as shown on the map, with boundaries as indicated on the map.

(2)  However, this plan does not apply to any land shown as “Deferred” on the map.

4 Relationship to other environmental planning instruments

This plan repeals:

(a)  Baulkham Hills Local Environmental Plan 1991, and

(b)  such other local environmental plans and deemed environmental planning instruments as, immediately before the commencement of this plan, applied to the land to which this plan applies, but to the extent only to which those plans and instruments applied to that land.

5 Definitions

(1)  In this plan:

acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General.

additions and alterations related to an existing dwelling-house means additions or alterations to a lawfully erected dwelling-house, including garages, swimming pools and outbuildings or structures incidental to a dwelling-house, but does not include tennis courts, squash courts or the like.

advertisement has the same meaning as in the Act.

advertising structure has the same meaning as in the Act.

agricultural products establishment means a building or place used for the sale of goods or materials used in agricultural production but, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause.

agriculture includes horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, and the growing of fruit, vegetables and the like but, in the Table to clause 13, not for the purpose of intensive animal industries or intensive horticulture establishments.

airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.

amusement park means a place where amusements or mechanical or electronic entertainments are permanently situated.

animal boarding, breeding and training establishment means a building or place used for boarding, breeding, training, keeping or caring for animals, otherwise than for domestic purposes.

apartment building means a building containing 3 or more dwellings where each dwelling does not necessarily have direct access to private open space at natural ground level.

archaeological site means a site identified in Schedule 1 as an archaeological site which may include one or more relics.

attached dual occupancy means the erection of two dwellings, or the modification of an existing dwelling to create a second dwelling, under a common roof on a single allotment of land.

bed and breakfast establishment means an establishment in an existing dwelling-house that:

(a)  has the owner as a permanent resident living in the dwelling-house, and

(b)  provides temporary accommodation, up to a maximum of 30 calendar days, for the short-term traveller, and

(c)  offers no more than three guest rooms, and accommodation for no more than six guests, at any one time, and

(d)  provides one off-street parking space per guest room, and

(e)  offers meals only for guests, and

(f)  serves only non-alcoholic beverages with meals, and

(g)  does not contain cooking facilities in guest rooms for preparation of meals by guests, and

(h)  exhibits a notice, advertisement or sign that does not exceed 0.6m², and is located adjacent to the front property boundary, and

(i)  complies with all relevant requirements of the Building Code of Australia, and

(j)  has a smoke detection system in the building in accordance with requirements of AS 3786—1993, Smoke alarms that is:

(i)  connected to a permanent 240V power supply, and

(ii)  provided with a battery backup to activate the alarm unit in the event of failure of the permanent power supply, and

(k)  has a fire extinguisher and a fire blanket in the kitchen.

brothel has the same meaning as in the Act.

building height means the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) goods that are of such size or weight as to require:

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

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire of such goods.

bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

bush fire fighting establishment means a building used for the operation of a rural fire brigade formed or organised under section 19 of the Rural Fires Act 1997.

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

bushland means vegetation that is either a remainder of the natural vegetation on the land or, if altered, is still representative of the structure and/or floristics of the natural vegetation.

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being motor body manufacture and repair.

caravan park means land (including a camping ground) on which caravans (or other moveable dwellings) are, or are to be, installed or placed.

caretaker’s dwelling means a dwelling occupied for the purpose of providing security or maintenance services to the land on which the dwelling stands, where the land is owned by the Council for a public purpose.

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

(a)  provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

(b)  does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

(c)  a home-based child care or family day care home, or

(d)  an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or

(e)  a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)  a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

(g)  a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

(h)  a service that is concerned primarily with the provision of:

(i)  lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

(ii)  private tutoring, or

(i)  a school, or

(j)  a service provided at exempt premises (within the meaning of section 200 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

civic centre means a building or place:

(a)  that is owned and controlled by the Council, and

(b)  that is used for the benefit of the community, and

(c)  that may include commercial premises, community facilities, educational establishments, entertainment centres and reception establishments,

and includes a building or place that is owned and controlled by the Council and is used by the Council as an administrative centre.

classified road means a road or work, or a proposed road or work, declared under Division 1 of Part 5 of the Roads Act 1993 to be:

(a)  a main road, or

(b)  a secondary road, or

(c)  a State highway, or

(d)  a tourist road, or

(e)  a State work, or

(f)  a freeway, or

(g)  a tollway, or

(h)  a transitway, or

(i)  a controlled access road,

and shown on the map by a continuous blue centreline.

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

commercial premises means a building or place used as an office or for other business or commercial purposes but, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause or a building or place used for a land use elsewhere specifically defined in this clause.

community facility means a building or place owned or controlled by the Council and used for the purpose of providing facilities comprising or relating to any one or more of the following:

(a)  a public library,

(b)  public health services,

(c)  rest rooms,

(d)  meeting rooms,

(e)  indoor recreation,

(f)  child minding,

(g)  a public building,

(h)  a restaurant,

or used for any other like purpose.

conservation management plan means a document, prepared in accordance with the requirements of the NSW Heritage Office, that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

convenience store means a shop that, at 1 March 1991, was a service station and at which:

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

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

(c)  other goods may be made available for hire within an ancillary area.

creek means the path of a permanent or intermittent flow of water.

dam means a barrier, embankment or excavated earth structure used to retain water for agricultural, domestic or commercial purposes.

demolish a heritage item, or a building, work, relic, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, relic, tree or place.

detached dual occupancy means the erection of two free-standing dwellings, or the erection of a second free-standing dwelling, on a single allotment of land.

development site means an area of land that is shown edged with a black-coloured dashed line and marked “Development Site” on the map and includes buildings, works, relics, trees and places situated on the land.

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

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

educational establishment means a building or place used as a school, university, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

environmental protection works means a structure or work that provides for:

(a)  environmental management and restoration facilities, such as bush restoration, wetlands restoration, erosion and run-off prevention works or the like, or

(b)  nature study or display facilities, such as board walks, observation decks, bird hides or the like.

environmentally integrated housing means:

(a)  the integrated design and construction of dwellings with a resultant maximum yield of dwellings and lots that is consistent with the subdivision potential of the land, which may be indicated in a development control plan, and

(b)  the protection of all environmentally significant or sensitive areas (normally as common or neighbourhood property) of land, including natural drainage channels, important vegetative and topographic features, geotechnical hazard areas and the like, by the integration of buildings and works with the environment.

exhibition home means an unoccupied dwelling-house used for display purposes.

exhibition village means two or more exhibition homes and includes other associated places and buildings, such as an office used for house and land sales, car parking, site offices, a place set aside for advisory services and the like.

existing holding means the land comprised in an allotment, portion or parcel of land that was in existence as a separate allotment, portion or parcel of land prior to 7 May 1988.

extractive industry means:

(a)  the winning of extractive material, or

(b)  an industry or undertaking, not being carried out at a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on.

extractive material means sand, gravel, clay, turf, soil, rock, stone or any similar substance.

filling of land means filling of land by raising the natural ground level through deposition of clean (uncontaminated) excavated natural, earthy material, such as topsoil, lime, clay or sand, above the natural or pre-existing ground level, in association with agriculture or with a land use for which consent has been granted, where the landfill deposited exceeds one metre in depth or affects a total area of 100m² or more, but does not include top dressing to an average depth of 50mm or less.

firewood establishment means a building or place used for the sale of firewood (or for the splitting of firewood, if firewood is sold from the building or place).

flood standard means the 1% probability flood (as referred to in the Floodplain Management Manual: the management of flood liable land published by the NSW Government in 2001).

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

forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation (otherwise than in a sawmill) of wood and other forest products and the establishment of roads required for the removal of wood and forest products or for forest protection.

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

gross floor area of a building means the sum of the areas of each floor of the building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls measured at a height of 1,400 millimetres above each floor level, but does not include:

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

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

(c)  car-parking needed to meet any requirements of the Council and any internal access to it, or

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

ground level (existing) means the existing level of a site at any point.

guest house means a building or place (not being licensed to sell liquor), where accommodation, together with meals and laundry facilities, are provided, but only to residents of the guest house.

habitat tree means any tree which has hollows in the trunk or limbs that is suitable habitat for endangered fauna including birds, arboreal marsupials or bats or is a support for locally indigenous or endemic epiphytic endangered plants.

health care premises means a room or a number of rooms forming the whole or part of, or attached to or within the curtilage of, an existing dwelling-house used by a total of not more than three legally qualified:

(a)  medical practitioners, or dentists within the meaning of the Dental Practice Act 2001, or

(b)  health care professionals,

to practise in not more than a total of 3 rooms the profession of medicine, dentistry or health care and who employ a total of not more than 3 employees in connection with all of their practices at any one time.

health care professional means a person who renders professional health services to members of the public, and is:

(a)  a podiatrist registered under the Podiatrists Act 1989 or Podiatrists Act 2003, or

(b)  a chiropractor registered under the Chiropractors Act 2001, or

(c)  an osteopath registered under the Osteopaths Act 2001, or

(d)  a physiotherapist registered under the Physiotherapists Act 2001, or

(e)  an optometrist registered under the Optometrists Act 2002, or

(f)  any other person professionally registered, pursuant to an Act of Parliament, to dispense health care.

height, in relation to a building, means the greatest distance measured vertically from any point on the ceiling of the topmost floor of the building to the natural ground level immediately below that point.

helipad means an area or place not open to public use that is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use that is set apart for the taking off and landing of helicopters, and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

heritage conservation area means an area of land that is shown edged heavy black and marked “Conservation Area” on the map and includes buildings, works, relics, trees and places situated on or within the land.

heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, relic, tree or place within a heritage conservation area, and an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

heritage item means a building, work, archaeological site, tree or place of heritage significance described in Schedule 1.

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

home activity means any activity or occupation carried on for trade, sale or other gain in a building or a room or a number of rooms forming part of, or ancillary to, a dwelling (not being health care premises) where:

(a)  the activity or occupation does not occupy a total floor area of more than 50m², and

(b)  the dwelling situated on the land is principally used as a domicile, and

(c)  the activity or occupation does not:

(i)  interfere with the amenity of the locality by reason of pollution, or

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

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

(iv)  involve the employment of persons other than residents of the dwelling, or

(v)  involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign, that would fit within a rectangle 1.2 metres in length and 0.6 metres in height, that is exhibited on that dwelling or land to indicate the names and occupations of the residents of the dwelling), or

(vi)  result in a significant increase in traffic, and

(d)  the goods made or produced, as a result of the activity or occupation, are not displayed or sold from the property, and

(e)  a minimum of one off-street car parking space is provided per activity or occupation carried on if the property is in an urban locality, and

(f)  there is a maximum of one such activity or occupation per dwelling.

home-based child care or family day care home means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and which satisfies the following conditions:

(a)  the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,

(b)  the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

home business means a business carried out, or partly carried out, in a dwelling (not being health care premises) or within the land on which the dwelling is situated, by the permanent residents of the dwelling, where:

(a)  the business involves employment of not more than one person, at any one time, in addition to the permanent residents, and

(b)  the business does not occupy a total floor area of more than 50m², and

(c)  the business does not:

(i)  interfere with the amenity of the locality by reason of pollution, or

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

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

(iv)  involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign, that would fit within a rectangle 1.2 metres in length and 0.6 metres in height, that is exhibited on that dwelling or land to indicate the names and occupations of the residents of the dwelling), or

(v)  result in a significant increase in traffic, and

(d)  the goods made or produced in the building, room or rooms, as a result of the business, are not displayed or sold from the property, and

(e)  there is a maximum of one such business per dwelling.

home industry means an industry carried out in a building (not being health care premises) within the site area of a dwelling, by the permanent residents of the dwelling where:

(a)  the industry involves the employment of not more than 2 persons, at any one time, in addition to the permanent residents, and

(b)  the industry does not occupy a total floor area of more than 100m², and

(c)  the industry does not:

(i)  interfere with the amenity of the locality by reason of pollution, or

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

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

(iv)  involve the exhibition of any notice, advertisement or sign (other than a non-illuminated notice or sign that would fit within a rectangle 1.2 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the names and occupations of the residents of the dwelling), or

(v)  result in a significant increase in traffic, and

(d)  there is a maximum of one such industry per property.

home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:

(a)  the employment of persons other than those residents, or

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or

(c)  the exhibition of any notice, advertisement or sign, or

(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a home business or sex services premises.

hospital means building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to people admitted as inpatients of the building or place, whether or not outpatients are also cared for or treated there.

hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982.

industry means any trade, manufacturing, business, project or occupation in which persons work.

institution means:

(a)  a building used wholly or principally as a home or other establishment for developmentally disabled persons, or

(b)  a hospital within the meaning of the Mental Health Act 1990, or

(c)  a penal or reformative establishment.

integrated housing means:

(a)  the subdivision of land into two or more allotments, and

(b)  the erection of one or more dwellings on each allotment so created,

where the siting and design of each dwelling occurs prior to the determination of the subdivision boundaries but, in the Table to clause 13, does not include a form of development elsewhere specifically defined in this clause.

intensive animal industry means agricultural animal production where cattle, horses, goats, poultry or other livestock are held in buildings or in a confined area for feeding and, without limiting the generality of the above, may involve the use of:

(a)  a beef cattle feedlot, or

(b)  a dairy farm, or

(c)  a piggery, including a free-range piggery, or

(d)  a poultry farm, including a free-range poultry farm, or

(e)  a worm farm, or

(f)  a building or place used for fish farming (that may consist of or include farming crustaceans),

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

intensive horticulture establishment means a place used for horticulture production at which plants or fungi are grown using an intensive agricultural system, such as hydroponics, housing, climate control system, crop protection system or equipment and, without limiting the generality of the above:

(a)  may consist of or include a shed, greenhouse or poly housing, and

(b)  may involve automated heating, irrigation or sprinkler systems, or the use of shade cloth, hail netting or animal-scaring devices,

but does not include a place used to grow produce for personal household consumption or enjoyment.

landscape supply establishment means a building or place used for both the storage and sale of a range of materials used for landscaping purposes.

leisure facility means a building or place used as a health farm, religious retreat house, rest home, youth camp or the like but, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause.

light industry means an industry, not being an offensive or hazardous industry or home industry, in which the processes carried on, the transportation involved, or the machinery or materials used do not significantly or adversely affect the environment or the amenity of the neighbourhood.

liquid fuel depot means a depot or place used for the bulk storage of petrol, oil, petroleum or other flammable liquid for wholesale distribution.

maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, relic, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

medical practitioners’ surgery means a building or place used by not more than three legally qualified medical practitioners who may employ ancillary staff at the building or place in connection with their practice.

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method, and includes any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

motel means a building or buildings used for the short-term accommodation of travellers, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories for motor vehicles, caravans or boats are sold or displayed there.

motor vehicle servicing means the servicing, repair, maintenance or otherwise of motor vehicles, and includes tyre servicing, muffler repairing, auto electrical repairing and the like.

neighbourhood shop has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

offensive or hazardous industry means an industry that, by reason of the processes involved, or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings or activities.

office warehouse means premises used for the purposes of providing office floor space in conjunction with the handling, storage, display and distribution of goods.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl, dance-party venue, or any other building or place of a like character used as such and whether used for the purposes of gain or not but, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause.

place of worship means a place used for the purposes of public religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

plant and building equipment hire means a building or place where plant and equipment are stored, displayed and hired out or leased to persons for intermittent use, but does not include premises used for the purpose of hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.

prescribed materials, in relation to a site or building, means materials of low reflective quality that blend with the landscape of the site and its surroundings.

public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, the Council or an organisation established for public purposes.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any government department or under the authority of or in pursuance of any Commonwealth or State Act:

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

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

reception establishment means a building or place used for the purpose of wedding receptions, birthday parties and the like, where admission is by private invitation, but, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause.

recreation area means:

(a)  a children’s playground, or

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

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

(i)  the Council, or

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

but does not include a racecourse or a showground.

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, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause.

relic means:

(a)  any deposit, object or material evidence (that may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Baulkham Hills local government area and that is a fixture or is wholly or partly within the ground, or

(b)  any deposit, object or material evidence (that may consist of human remains) of any age relating to Aboriginal habitation of that area.

renewable energy facility means a facility for the production of energy from solar, wind, water or other renewable sources.

research establishment means a laboratory or other place where scientific or technological development or research is carried out.

restaurant means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.

retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are also sold there, but does not include a wholesale plant nursery.

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

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

roadside stall means a building or place, not exceeding 20m² in floor space or area respectively, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.

rural industry means handling, treating, processing, packing or transporting of primary products, and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.

rural workers’ dwelling means a dwelling-house that is situated on land on which there is already erected a dwelling-house and that is occupied by a person who is engaged in the use of the land for the purposes of agriculture, intensive animal industries or intensive horticulture establishments.

sawmill means a mill handling, cutting and processing timber from logs or baulks.

service station means a building or place used for the fuelling of motor vehicles and involving the sale by retail of petrol, oil and other petroleum products and the ancillary sale of a limited range of food items for the convenience of patrons, providing the building or place is also used for any one or more of the following purposes:

(a)  the sale by retail of spare parts and accessories for motor vehicles,

(b)  the washing and greasing of motor vehicles,

(c)  the installation of accessories for motor vehicles,

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

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

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

shop-top housing means residential development in conjunction with commercial and/or retail development where the commercial or retail usage occurs on the ground floor only.

stock and sale yard means a building or place used for the purpose of offering animals for sale, and includes a public cattle market.

telecommunications facility means:

(a)  any part of the infrastructure of a telecommunications network (such a network being a system, or series of systems, that carries or is capable of carrying communications by means of unguided electromagnetic energy), or

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

but does not include:

(c)  facilities listed in the Schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, or

(d)  facilities used for an activity that a carrier may engage in despite a law of a State or Territory pursuant to the Telecommunications Act 1997 of the Commonwealth.

the Act means the Environmental Planning and Assessment Act 1979.

the Council means The Hills Shire Council.

the map means the map marked “Baulkham Hills Local Environmental Plan 2005”, 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 or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Baulkham Hills Local Environmental Plan 2005 (Amendment No 4)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 5)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 6)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 7)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 8)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 10)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 11)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 12)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 13)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 14)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 15)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 16)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 17)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 18)

Baulkham Hills Local Environmental Plan 2005 (Amendment No 19)—Sheet 1

Baulkham Hills Local Environmental Plan 2005 (Amendment No 20)—Sheet 1

Baulkham Hills Local Environmental Plan 2005 (Amendment No 25)

tourist facility means an establishment providing facilities for holiday accommodation or recreation, and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, restaurant, water sport facilities or a club used in conjunction with any such activity.

town-house means one of a group of 3 or more two-storey dwellings, which may or may not be attached, on a single allotment of land or on adjacent allotments that constitute a single site, where each dwelling has a separate entrance accessible from an outside area and direct access to private open space at natural ground level.

transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.

tree means a perennial plant with a self-supporting woody stem that has a spread of more than 3 metres, or a height of more than 5 metres, and measures more than 150 millimetres in diameter measured 1 metre up from the ground.

utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

veterinary establishment means a building or place used for the purpose of the medical or surgical treatment of animals.

villa means one of a group of 3 or more single-storey dwellings, which may or may not be attached, on a single allotment of land or on adjacent allotments that constitute a single site, where each dwelling has a separate entrance accessible from an outside area and direct access to private open space at natural ground level.

warehouse means a building or place used for the storage of goods, merchandise or materials, pending sale and distribution to persons engaged in the retail trade.

wholesale plant nursery means a building or place used for both the growing and wholesaling of plants.

(2)  In this plan:

(a)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and

(b)  a reference to a map is a reference to a map deposited in the office of the Council, except as otherwise stated, and

(c)  a reference to land within a zone specified in the Table to clause 13 is a reference to land shown on the map in the manner specified in clause 12 as the means of identifying land of the zone so specified, and

(d)  notes included in this plan do not form part of this plan.

cl 5: Am 2005 No 98, Sch 2.2 [2]; 2005 (758), cl 4; 2006 (184), Sch 1 [1] [2]; 2006 (461), cl 4; 2006 (462), cl 4; 2006 (622), Sch 1 [1]; 2007 (148), Sch 1 [1] [2]; 2007 (317), cl 4; 2007 (329), Sch 1 [1] [2]; 2007 (523), Sch 1 [1]; 2008 (48), Sch 1 [1]; 2008 (303), Sch 1 [1]; 2008 (571), Sch 3.8 [1]; 2008 (633), Sch 1 [1]; 2009 (41), Sch 1 [1] [2]; 2009 (365), Sch 1 [1] [2]; 2009 (366), cl 4; 2009 (626), Sch 1 [1]; 2010 (69), Sch 1 [1] [2]; 2010 (434), Sch 1 [1]; 2011 (170), Sch 1 [1]; 2011 (285), cl 4 (1); 2012 (10), cl 4 (1).

6 Adoption of model provisions

The Environmental Planning and Assessment Model Provisions 1980, except for clauses 4, 5, 7, 8, 13, 15–17, 19–28, 33, 34 and 35 (c) are adopted for the purposes of this plan.

7 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

8 Exempt development

(1)  Development listed in Schedule 2 is exempt development, but only if:

(a)  it complies with the requirements for exemption set out for the development in that Schedule, and

(b)  it is carried out in a zone in which exempt development is specifically allowed by the Table to clause 13, and

(b1)  it meets the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(b2)  it does not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)  it meets the other requirements for exempt development made by the Act and this clause.

(2)  Development is not exempt development if it is carried out on any of the following land:

(a)  land that is subject to an interim heritage order or listed on the State Heritage Register under the Heritage Act 1977,

(b)  land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,

(c)  an Aboriginal place under the National Parks and Wildlife Act 1974,

(d)  land (not being land within Zone 2 (d) under this plan) that is zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands,

(e)  an aquatic reserve under the Fisheries Management Act 1994,

(f)  Crown land, including land reserved or dedicated for a public purpose under the Crown Lands Act 1989,

(g)  bush fire prone land, land below the flood standard, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse.

(3)  Exempt development must comply with the conditions of any prior development consent in force in respect of the land on which the development is to be carried out.

(4)  Any provision of Part 3 that provides development is not exempt development prevails over this clause.

cl 8: Am 2008 (633), Sch 1 [2].

9 Complying development

(1)  Development identified as complying development in the Table to clause 13, is complying development, but only if:

(a)    (Repealed)

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

(c)  it is carried out in a zone for which it is identified as complying development by the Table to clause 13, and

(d)  it complies with the requirements applied to the development by Part B—Complying Development of Baulkham Hills Development Control Plan, and

(e)  it meets the other requirements made for complying development by the Act and this clause.

(2)  Development is not complying development if it is carried out on any of the following land:

(a)  land that is subject to an interim heritage order or listed on the State Heritage Register under the Heritage Act 1977,

(b)  land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,

(c)  an Aboriginal place under the National Parks and Wildlife Act 1974,

(d)  land (not being land within Zone 2 (d) under this plan) that is zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands,

(e)  an aquatic reserve under the Fisheries Management Act 1994,

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

(g)  bush fire prone land, land below the flood standard, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse.

(3)  Complying development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out.

(4)  Any provision of Part 3 that provides development is not complying development prevails over this clause.

cl 9: Am 2009 (365), Sch 1 [3]; 2011 (511), Sch 6.3.

10 Notifiable development

(1)  Unless it is also complying development, the provisions of section 79 of the Act apply to and in respect of development identified in the Table to clause 13 as notifiable development in the same way as those provisions apply to and in respect of designated development.

(2)  For the purposes of this clause, section 79 of the Act applies in respect of notifiable development as if a reference in that section to 30 days were a reference to 14 days.

cl 10: Am 2008 (633), Sch 1 [3].

11 Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land within any zone to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)  Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).

11A Savings and transitional

(1)  A development application lodged with the Council, but not finally determined by the Council before the commencement of a relevant amending plan, is to be assessed and determined under the provisions of this plan as if the relevant amending plan had been exhibited under the Act but had not been made.

(2)  In this clause, relevant amending plan means any of the following local environmental plans:

Baulkham Hills Local Environmental Plan 2005 (Amendment No 2)

cl 11A: Ins 2007 (148), Sch 1 [3].

Part 2 General restrictions on development of land

12 Zones indicated on the map

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

Zone l (a) (Rural l (a) Zone)—coloured light brown and lettered “1 (a)”.

Zone l (b) (Rural l (b) Zone)—coloured light brown, edged red and lettered “l (b)”.

Zone l (c) (Rural l (c) Zone)—coloured light brown, edged red and lettered “l (c)”.

Zone l (d) (Rural l (d) Zone)—coloured light brown, edged red and lettered “l (d)”.

Zone 2 (a) (Residential 2 (a) Zone)—coloured light scarlet, edged red and lettered “2 (a)”.

Zone 2 (a1) (Residential 2 (a1) Zone)—coloured light scarlet, edged red and lettered “2 (a1)”.

Zone 2 (a2) (Residential 2 (a2) Zone)—coloured light scarlet, edged red and lettered “2 (a2)”.

Zone 2 (a3) (Residential 2 (a3) Zone)—coloured light scarlet, edged red and lettered “2 (a3)”.

Zone 2 (a4) (Residential 2 (a4) (Town Centre) Zone)—coloured dark scarlet and lettered “2 (a4)”.

Zone 2 (b) (Residential 2 (b) Zone)—coloured light scarlet and lettered “2 (b)”.

Zone 2 (b1) (Residential 2 (b1) Zone)—coloured light scarlet, edged red and lettered “2 (b1)”.

Zone 2 (c) (Residential 2 (c) (Tourist Village) Zone)—coloured light scarlet and lettered “2 (c)”.

Zone 2 (d) (Residential 2 (d) (Protected) Zone)—coloured light scarlet, edged red and lettered “2 (d)”.

Zone 2 (e) (Residential 2 (e) Zone)—coloured light scarlet, edged red and lettered “2 (e)”.

Zone 3 (a) (Business 3 (a) (Retail) Zone)—coloured light blue and lettered “3 (a)”.

Zone 3 (b) (Business 3 (b) (Commercial) Zone)—coloured medium blue and lettered “3 (b)”.

Zone 3 (c) (Service Business 3 (c) Zone)—coloured dark blue and lettered “3 (c)”.

Zone 4 (b) (Light Industry 4 (b) Zone)—coloured purple and lettered “4 (b)”.

Zone 5 (a) (Special Uses 5 (a) (Existing and Proposed) Zone)— coloured yellow, edged red, with black lettering and lettered “5 (a)”.

Zone 5 (b) (Special Uses 5 (b) (Existing and Proposed Roads) Zone)—coloured grey, with classified roads shown by a blue centreline.

Zone 5 (c) (Special Uses 5 (c) (Trunk Drainage and Conservation) Zone)—coloured yellow, edged red, with black lettering and lettered “5 (c)”.

Zone 6 (a) (Open Space 6 (a) (Existing and Proposed Public Recreation) Zone)—coloured light green and lettered “6 (a)”.

Zone 6 (b) (Open Space 6 (b) (Private Recreation) Zone)—coloured dark green and lettered “6 (b)”.

Zone 7 (a) (Environmental Protection 7 (a) (Wetlands) Zone)—coloured orange and lettered “7 (a)”.

Zone 8 (a) (National Parks and Nature Reserves 8 (a) Zone)—edged green and lettered “8 (a)”.

Zone 10 (a) (Employment Area 10 (a) (Business Park) Zone)—coloured light blue and lettered “10 (a)”.

cl 12: Am 2006 (184), Sch 1 [3] [4].

13 Zone objectives and development control table

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

(2)  Except as otherwise provided by this plan, consent must not be granted for development unless the consent authority is satisfied that the proposed development:

(a)  is consistent with one or more of the aims of this plan and any relevant objectives for development, and

(b)  is not contrary to achieving the objectives of the zone within which it will be carried out.

Note—

The aims and the objectives for development of this plan are set out in clause 2. The objectives of zones are set out in the Table to this clause.

(3)  The Table to this clause lists, for land within each zone:

(a)  development that may be carried out without development consent, under the heading “Development allowed without consent”, and

(b)  development that may be carried out only with development consent, under the heading “Development allowed only with consent”, and

(c)  development that is prohibited, under the heading “Prohibited development”.

(4)  If exempt development is allowed to be carried out in a zone, the kinds of exempt development that may be carried out and the conditions subject to which exempt development may be carried out are set out in clause 8 and Schedule 2.

(5)  Development that may be carried out within a zone only with development consent, and is not complying development, is required to be notified in accordance with clause 10 if it is listed in the Table to this clause as notifiable development for the zone.

(6)  Local development that may be carried out within a zone only with development consent is complying development for the zone if it is listed in the Table to this clause as complying development for the zone, subject to clause 9.

Table

Zone 1 (a)   (Rural 1 (a) Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure that existing or potentially productive agricultural land is not withdrawn prematurely from agricultural production, and

(b)  to ensure that development is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services and public facilities, and

(c)  to provide land on which development may be carried out that assists the operation and functioning of development in adjoining residential areas, and

(d)  to ensure that development is designed and carried out having regard to adjoining land uses and the natural environment, and

(e)  to ensure that development is designed and carried out having regard to the rural and heritage character of the surrounding area, and

(f)  to ensure that development of land within the zone does not hinder the proper and orderly development of any future urban land.

2 Development allowed without consent

Exempt development and development for the purpose of:

agriculture (other than carrying out works for the purpose of dams); bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions and alterations related to an existing dwelling-house; advertising structures; agricultural products establishments; attached dual occupancies; bush fire fighting establishments; caretakers’ dwellings; cemeteries; child care centres; clearing of bushland; community facilities; dams; dwelling-houses; environmental protection works; exhibition homes; exhibition villages; filling of land; firewood establishments; health care premises; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; public buildings; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; retail plant nurseries; roads; roadside stalls; rural industries (other than poultry processing); rural workers’ dwellings; sheds; stables; stock and sale yards; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.

Development for the purpose of the following (which is notifiable development):

animal boarding, breeding and training establishments; clubs; educational establishments; forestry; guest houses; hospitals, institutions; reception establishments; research establishments; telecommunications facilities.

Included in this item is the following complying development:

erection of sheds between 50m² and 100m² in gross floor area.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 1 (b)   (Rural 1 (b) Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure that existing or potentially productive agricultural land is not withdrawn unnecessarily from agricultural production, and

(b)  to maintain the rural character of the locality without adversely affecting the carrying out of agricultural activities, and

(c)  to ensure that development is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services and public facilities, and

(d)  to provide land on which development may be carried out that assists the operation and functioning of development in adjoining residential areas and appropriate locations for tourist facilities, and

(e)  to protect and enhance those areas of particular scenic and environmental value, and

(f)  to ensure that development is designed and carried out having regard to the rural and heritage character of surrounding land, and

(g)  to ensure that development is designed and carried out having regard to adjoining land uses and the natural environment.

2 Development allowed without consent

Exempt development and development for the purpose of:

agriculture (other than dams); bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions and alterations related to an existing dwelling-house; advertising structures; agricultural products establishments; attached dual occupancies; bush fire fighting establishments; caretakers’ dwellings; cemeteries; child care centres; clearing of bushland; community facilities; convenience stores; dams; dwelling-houses; environmental protection works; exhibition homes; exhibition villages; filling of land; firewood establishments; health care premises; helipads; heliports; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; public buildings; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; restaurants; retail plant nurseries; roads; roadside stalls; rural industries; rural workers’ dwellings; sawmills; sheds; stables; stock and sale yards; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.

Development for the purpose of the following (which is notifiable development):

animal boarding, breeding and training establishments; caravan parks; clubs; educational establishments; extractive industries or industries directly associated with, or dependent on, extractive industries; forestry; guest houses; hospitals; institutions; liquid fuel depots; motels; reception establishments; research establishments; service stations; telecommunications facilities; tourist facilities.

Included in this item is the following complying development:

erection of sheds between 50m² and 100m² in gross floor area.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 1 (c)   (Rural 1 (c) Zone)

1 Objectives of zone

The objectives are:

(a)  to accommodate rural-residential development that is sympathetic to the environment and minimises risks from natural hazards, and

(b)  to provide for a range of activities that are compatible with the rural-residential character of the locality, and

(c)  to ensure that development in the area does not unreasonably increase demand for public services and public facilities, and

(d)  to ensure that development is designed and carried out having regard to adjoining land uses and the natural environment, and

(e)  to ensure that development is designed and carried out having regard to the rural and heritage character of the surrounding area, and

(f)  to encourage the preservation of suitable areas for open space purposes.

2 Development allowed without consent

Exempt development and development for the purpose of:

agriculture (other than dams); bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions and alterations related to an existing dwelling-house; advertising structures; attached dual occupancies; bush fire fighting establishments; caretakers’ dwellings; cemeteries; child care centres; clearing of bushland; community facilities; dams; dwelling-houses; environmental protection works; exhibition homes; filling of land; health care premises; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; public buildings; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; retail plant nurseries; roads; roadside stalls; rural industries (other than poultry processing); rural workers’ dwellings; sheds; stables; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.

Development for the purpose of the following (which is notifiable development):

animal boarding, breeding and training establishments; clubs; educational establishments; hospitals; research establishments; restaurants; telecommunications facilities.

Included in this item is the following complying development:

erection of sheds between 50m² and 100m² in gross floor area.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 1 (d)   (Rural 1 (d) Zone)

1 Objectives of zone

The objectives are:

(a)  to accommodate rural-residential development that is sympathetic with the environment and minimises risks from natural hazards, and

(b)  to ensure that development is compatible with the rural-residential character of the locality, and

(c)  to preserve environmentally sensitive locations, natural areas and the scenic quality of the area, and

(d)  to ensure that development in the area does not unreasonably increase demand for public services and public facilities, and

(e)  to ensure that development is designed and carried out having regard to adjoining land uses and the natural environment, and

(f)  to facilitate the creation of a range of lot sizes to provide variety and choice for housing compatible with the environmental quality and rural character of the locality and the protection of development from the hazards of bush fires.

2 Development allowed without consent

Exempt development and development for the purpose of:

bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions and alterations related to an existing dwelling-house; advertising structures; attached dual occupancies; bush fire fighting establishments; child care centres; clearing of bushland; community facilities; dams; dwelling-houses; environmental protection works; filling of land; home businesses; home industries; places of worship; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; roads; sheds; stables; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments.

Development for the purpose of the following (which is notifiable development):

animal boarding, breeding and training establishments; telecommunications facilities.

Included in this item is the following complying development:

erection of sheds between 50m² and 100m² in gross floor area.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 2 (a)   (Residential 2 (a) Zone)

1 Objectives of zone

The objectives are:

(a)  to make general provision for land to be used for the purposes of housing and associated facilities, and

(b)  to provide for development for medium-density housing forms (including apartment buildings, town-houses, villas and the like) in locations close to the main activity centres of the local government area, and

(c)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(d)  to allow a range of developments, ancillary to residential uses, that:

(i)  are capable of integration with the surrounding environment, and

(ii)  serve the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  do not place demands on services beyond the level reasonably required for residential use.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

apartment buildings; attached dual occupancies; convenience stores; detached dual occupancies; environmentally integrated housing; exhibition villages; telecommunications facilities; town-houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than one metre cut nor 0.6 metre fill; single storey dwelling-houses with neither more than one metre cut nor 0.6 metre fill.

4 Prohibited development

Development included in Schedule 3 and development for the purpose of:

bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises.

Zone 2 (a1)   (Residential 2 (a1) Zone)

1 Objectives of zone

The objectives are:

(a)  to promote a range of housing choices and associated facilities, and

(b)  to identify those localities that are capable of supporting an increase in housing density and population, and

(c)  to increase housing density in locations adjacent to the main activity centres of the local government area, and

(d)  to promote development that encourages public transport use and minimises private traffic generation, and

(e)  to ensure that building form (including alterations and additions) is in character with the surrounding built environment and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment, and

(f)  to ensure that any development carried out:

(i)  is compatible with adjoining structures in terms of elevations to the street and building height, and

(ii)  has regard to the privacy of existing and future residents, and

(iii)  has regard to the transmission of noise between dwellings, and

(iv)  minimises energy consumption and utilises passive solar design principles, and

(v)  retains significant vegetation, and

(vi)  incorporates landscaping within building setbacks and open space areas, and

(vii)  incorporates adaptable housing to meet the needs of people with disabilities, and

(g)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(h)  to allow a range of development, ancillary to residential uses, that:

(i)  is capable of visual integration with the surrounding environment, and

(ii)  serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  does not place demands on services beyond the level reasonably required for residential use.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

apartment buildings; attached dual occupancies; convenience stores; detached dual occupancies; environmentally integrated housing; telecommunications facilities; town-houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill; single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4 Prohibited development

Development included in Schedule 3 and development for the purpose of:

bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises.

Zone 2 (a2)   (Residential 2 (a2) Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the development of town-houses, villas, and the like in locations close to established public transport routes and the main activity centres of the local government area, and

(b)  to ensure that building form (including alterations and additions) is in character with the surrounding built environment and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment, and

(c)  to ensure that any development carried out:

(i)  is compatible with adjoining structures in terms of elevations to the street and building height, and

(ii)  has regard to the privacy of existing and future residents, and

(iii)  has regard to the transmission of noise between dwellings, and

(iv)  minimises energy consumption and utilises passive solar design principles, and

(v)  retains significant vegetation, and

(vi)  incorporates landscaping within building setbacks and open space areas, and

(vii)  incorporates adaptable housing to meet the needs of people with disabilities, and

(d)  to encourage a diversity of dwelling types, and

(e)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(f)  to allow a range of development, ancillary to residential uses, that:

(i)  is capable of visual integration with the surrounding environment, and

(ii)  serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  does not place demands on services beyond the level reasonably required for residential use.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

attached dual occupancies; convenience stores; detached dual occupancies; environmentally integrated housing; telecommunications facilities; town-houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill; single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4 Prohibited development

Development included in Schedule 3 and development for the purpose of:

apartment buildings; bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises.

Zone 2 (a3)   (Residential 2 (a3) Zone)

1 Objectives of zone

The objectives are:

(a)  to make provision for villas on land suitable for increased housing densities which is not within proximity to the town centres, facilities or public transport, and

(b)  to ensure that building form (including alterations and additions) is in character with the surrounding built environment and does not detract from the amenity enjoyed by nearby residents or the existing quality of the environment, and

(c)  to ensure that any development carried out:

(i)  is compatible with adjoining structures in terms of elevations to the street and building height, and

(ii)  has regard to the privacy of existing and future residents, and

(iii)  has regard to the transmission of noise between dwellings, and

(iv)  minimises energy consumption and utilises passive solar design principles, and

(v)  retains significant vegetation, and

(vi)  incorporates landscaping within building setbacks and open space areas, and

(vii)  incorporates adaptable housing to meet the needs of people with disabilities, and

(d)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(e)  to maintain the amenity and low density environment of areas predominantly characterised by detached dwelling-houses, and

(f)  to allow a range of development, ancillary to residential uses, that:

(i)  is capable of visual integration with the surrounding environment, and

(ii)  serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  does not place demands on services beyond the level reasonably required for residential use.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

attached dual occupancies; convenience stores; detached dual occupancies; environmentally integrated housing; telecommunications facilities; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill; single storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4 Prohibited development

Development included in Schedule 3 and development for the purpose of:

apartment buildings; bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises; town-houses.

Zone 2 (a4)   (Residential 2 (a4) (Town Centre) Zone)

1 Objectives of zone

The objectives are:

(a)  to maximise opportunities for residential development in close proximity to the facilities and services of certain town centres, and

(b)  to promote a range of housing types and styles, and

(c)  to provide opportunities for affordable housing, and

(d)  to integrate residential development with public transport facilities, and

(e)  to allow a range of ancillary uses, functions and activities capable of:

(i)  visually integrating with the surrounding environment, and

(ii)  meeting the needs of the surrounding population without conflicting with the residential amenity and character of the zone.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

apartment buildings; commercial premises in conjunction with shop-top housing; educational establishments; motels; renewable energy facilities; restaurants; shop-top housing; shops in conjunction with shop-top housing; telecommunications facilities; town-houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill; single storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4 Prohibited development

Development included in Schedule 3 (other than development for the purpose of commercial premises in conjunction with shop-top housing, motels, renewable energy facilities; restaurants, shop-top housing and shops in conjunction with shop-top housing) and development for the purpose of:

brothels; home industries; home occupations (sex services); places of assembly; sex services premises.

Zone 2 (b)   (Residential 2 (b) Zone)

1 Objectives of zone

The objectives are:

(a)  to identify residential areas of a predominantly single dwelling, low-density character, and to maintain that character, and

(b)  to ensure that new housing respects and complements the heritage and environmental character of surrounding low-density development, and

(c)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(d)  to allow a range of development, ancillary to residential uses, that:

(i)  is visually integrated with development carried out on the land and in the surrounding area, and

(ii)  serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  does not place excessive demand on services.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

attached dual occupancies; convenience stores; detached dual occupancies; telecommunications facilities.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill; erection of single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4 Prohibited development

Development included in Schedule 3 and development for the purpose of:

apartment buildings; brothels; environmentally integrated housing; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises; town-houses; villas.

Zone 2 (b1)   (Residential 2 (b1) Zone)

1 Objectives of zone

The objectives are:

(a)  to create residential areas of predominantly single dwelling, low-density character and to maintain that character, and

(b)  to permit the subdivision of land into residential lots of a minimum area of 700m², and

(c)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(d)  to allow a range of developments, ancillary to residential uses, that:

(i)  are visually integrated with development carried out on the land and in the surrounding area, and

(ii)  serve the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  do not place excessive demand on services.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

attached dual occupancies; detached dual occupancies; telecommunications facilities.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 0.5 metre cut nor 0.5 metre fill; erection of single-storey dwelling-houses with neither more than 0.5 metre cut nor 0.5 metre fill.

4 Prohibited development

Development included in Schedule 3 and development for the purpose of:

apartment buildings; brothels; convenience stores; environmentally integrated housing; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises; town-houses; villas.

Zone 2 (c)   (Residential 2 (c) (Tourist Village) Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for tourist-orientated activities and housing development that are appropriately located in the village setting, and

(b)  to provide for a range of uses (primarily support services) serving the needs of the residents and complementary to the scale of neighbouring land uses, and

(c)  to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

(d)  to promote development that encourages public transport use and minimises private traffic generation, and

(e)  to allow a range of development, ancillary to residential uses, that:

(i)  is capable of visual integration with the surrounding environment, and

(ii)  serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

(iii)  does not place excessive demands on services.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions or alterations related to an existing dwelling-house; advertising structures; agriculture (other than dams); bed and breakfast establishments; bush fire fighting establishments; bush fire hazard reduction; cemeteries; child care centres; commercial premises; community facilities; convenience stores; dwelling-houses; dwellings; educational establishments; environmental protection works; exhibition homes; filling of land; health care premises; home businesses; medical practitioners’ surgeries; places of worship; public buildings; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; research establishments; restaurants; retail plant nurseries; roads; service stations; shops; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments.

Development for the purpose of the following (which is notifiable development):

apartment buildings; attached dual occupancies; car repair stations; caravan parks; clubs; detached dual occupancies; environmentally integrated housing; exhibition villages; guest houses; hospitals; hotels; motels; reception establishments; telecommunications facilities; tourist facilities; town-houses; villas.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill (that do not increase the number of storeys in the dwelling); different commercial premises use resulting from change of use of commercial premises; different shop use resulting from change of use of a shop; erection of single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill; internal alterations related to an existing shop; internal alterations related to existing commercial premises.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 2 (d)   (Residential 2 (d) (Protected) Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the residential development of land within the zone having particular regard to the special environmental development constraints of that land, and

(b)  to provide for the preservation of the vegetative, landscape, drainage, scenic and environmental qualities of the land within the zone by minimising the impact of development on the natural environment.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions and alterations related to an existing dwelling; advertising structures; bed and breakfast establishments; bush fire fighting establishments; bush fire hazard reduction; child care centres; community facilities; dwelling-houses; environmental protection works; exhibition homes; filling of land; home businesses; renewable energy facilities; roads; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works).

Development for the purpose of the following (which is notifiable development):

attached dual occupancies; environmentally integrated housing; telecommunications facilities.

Included in this item is the following complying development:

additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with neither more than 1 metre cut nor 0.6 metre fill.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 2 (e)   (Residential 2 (e) Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the residential development of land within the zone having regard to the special development constraints of the land, and

(b)  to ensure that development in geotechnical hazard localities does not have any detrimental effect on the land the subject of the development or on land in its vicinity, and

(c)  to ensure that any use of land within the zone is able to tolerate the effects of soil movement.

2 Development allowed without consent

Exempt development.

3 Development allowed only with consent

Development for the purpose of:

additions and alterations to an existing dwelling; dwelling-houses; open space; renewable energy facilities; retaining walls.

Development for the purpose of the following (which is notifiable development):

telecommunications facilities.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 3 (a)   (Business 3 (a) (Retail) Zone)

1 Objectives of zone

The objectives are:

(a)  to encourage appropriate development for accommodating the retail, commercial and social needs of the community, and

(b)  to encourage the development and expansion of business activities that will contribute to the economic growth of, and the creation of, employment opportunities within the local government area, and

(c)  to encourage a wide range of retail, commercial, community, leisure and entertainment facilities in the major business centres of the local government area, and

(d)  to integrate retail and commercial activities within a network of public and civic spaces, and

(e)  to ensure the scale and type of business development within the zone is compatible with the character and amenity of surrounding land, and

(f)  to integrate retail and commercial activities with public transport facilities, and

(g)  to promote development that encourages public transport use and minimises private traffic generation, and

(h)  to provide for mixed use development, including housing, in conjunction with retail, commercial and professional services.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

apartment buildings; hotels; motels; telecommunications facilities; town-houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

different commercial premises use resulting from change of use of commercial premises; different shop use resulting from change of use of a shop; internal alterations related to an existing shop; internal alterations related to existing commercial premises.

4 Prohibited development

Development for the purpose of:

airline terminals; amusement parks; attached dual occupancies; brothels; bus depots; caravan parks; detached dual occupancies; dwelling-houses; exhibition homes; extractive industries; gas holders; generating works (other than renewable energy facilities); helipads; heliports; home industries; home occupations (sex services); industries; institutions; intensive animal industries; intensive horticulture establishments; liquid fuel depots; mines; offensive or hazardous industries; road transport terminals; roadside stalls; sawmills; sex services premises; stock and sale yards; timber yards; waste disposal.

Zone 3 (b)   (Business 3 (b) (Commercial) Zone)

1 Objectives of zone

The objectives are:

(a)  to provide land, to support general retail and commercial development of land within Zone 3 (a), in identified centres by providing land for commercial office development and employment in close proximity to the centres, and

(b)  to provide land to support general retail and commercial development of land within Zone 3 (a), in identified centres by providing land for uses that service the needs of activities carried on in those centres and that are complementary to other development within the area, and

(c)  to facilitate a range of business and commercial development using and developing advanced technology products and processes, and

(d)  to provide additional land adjacent to existing commercial centres where a mixture of professional, commercial and residential uses can be carried out, and

(e)  to provide an effective buffer, between land within Zone 3 (a) and adjacent residential areas, that contributes to a safe, liveable, pedestrian oriented environment, and

(f)  to promote development that encourages public transport use and minimises private traffic generation.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

apartment buildings; clubs; telecommunications facilities; town-houses.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

different commercial premises use resulting from a change of use of commercial premises; internal alterations related to existing commercial premises.

4 Prohibited development

Development for the purpose of:

airline terminals; amusement parks; animal boarding, breeding and training establishments; attached dual occupancies; brothels; bulky goods premises; bus depots; bus stations; car repair stations; caravan parks; detached dual occupancies; dwelling-houses; exhibition homes; exhibition villages; extractive industries; generating works (other than renewable energy facilities); helipads; heliports; home industries; home occupations (sex services); hotels; industries; institutions; intensive animal industries; intensive horticulture establishments; light industries; liquid fuel depots; mines; motor vehicle servicing; offensive or hazardous industries; office warehouses; road transport terminals; roadside stalls; rural industries; rural workers’ dwellings; sawmills; sex services premises; shops; stables; stock and sale yards; timber yards; warehouses; waste disposal.

Zone 3 (c)   (Service Business 3 (c) Zone)

1 Objectives of zone

The objectives are:

(a)  to promote a range of uses that support and service the needs of retail and commercial activities carried out from land within Zone 3 (a) in major business centres, and

(b)  to promote a range of business and employment opportunities in the research and development of advanced technology products and processes, and

(c)  to permit development involving bulky goods premises, and

(d)  to provide a buffer between land within Zone 3 (a) and adjacent residential areas.

2 Development allowed without consent

Exempt development.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

bus depots; bus stations; car repair stations; child care centres; educational establishments; health care premises; hospitals; hotels; motels; motor vehicle servicing; places of assembly; public buildings; reception establishments; recreation facilities; telecommunications facilities.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

different commercial premises use resulting from change of use of commercial premises; internal alterations related to existing commercial premises.

4 Prohibited development

Development for the purpose of:

airline terminals; amusement parks; apartment buildings; attached dual occupancies; brothels; caravan parks; detached dual occupancies; dwelling-houses; dwellings; exhibition homes; extractive industries; guest houses; home activities; home-based child care or family day care homes; home businesses; home industries; home occupations (sex services); industries; institutions; junk yards; landscape supply establishments; liquid fuel depots; mines; offensive or hazardous industries; retail plant nurseries; road transport terminals; roadside stalls; sawmills; sex services premises; shops (other than those listed in Schedule 4); stock and sale yards; tourist facilities; town-houses; villas; waste disposal.

Zone 4 (b)   (Light Industry 4 (b) Zone)

1 Objectives of zone

The objectives are:

(a)  to allow a wide range of industrial, warehousing and manufacturing activities, that will contribute to economic and employment growth in the local government area, requiring a range of floor areas, together with ancillary uses, the opportunity to locate within that area, and

(b)  to provide for associated uses to service the convenience needs of the local workforce, and

(c)  to encourage a high standard of industrial development that is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development, and

(d)  to protect the viability of commercial centres by enabling development for the purpose of commercial offices only where it is associated with and ancillary to industrial, manufacturing, warehousing or like land uses on the same land, and

(e)  to permit generally large-scale retail and display activities that require extensive site areas, and that generate a low return per unit of floor area or that require a relatively free-standing location to facilitate the loading and unloading of goods, but only if such activities cannot appropriately be located in, or do not adversely affect the viability of, services offered in Zone 3 (a), and

(f)  to encourage innovative and imaginative design with particular emphasis on the integration of buildings and landscaped areas, and

(g)  to support the business zones of the local government area.

2 Development allowed without consent

Exempt development and development for the purpose of:

home activities.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

bulky goods premises; hotels; motels; telecommunications facilities; waste disposal.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

different use of an industrial unit resulting from a change of one industrial use to another involving less than 500m² in gross floor area; internal alterations related to an existing industrial unit or industrial building (except where gross floor area is increased).

4 Prohibited development

Development for the purpose of:

agricultural products establishments; agriculture; airline terminals; amusement parks; animal boarding, breeding and training establishments; apartment buildings; aquaculture; attached dual occupancies; bed and breakfast establishments; caravan parks; commercial premises (other than banks, timber yards and those associated with industries); dams; detached dual occupancies; dwelling-houses; dwellings (other than those ancillary to light industry and situated on land on which the light industry is conducted); environmentally integrated housing; exhibition homes; extractive industries; forestry; guest houses; health care premises; home-based child care or family day care homes; hospitals; industries (other than light industries); institutions; intensive animal industries; intensive horticulture establishments; junk yards; liquid fuel depots; mines; offensive or hazardous industries; places of assembly; public buildings (other than motor registries); reception establishments; retail plant nurseries; road transport terminals; roadside stalls; rural industry; rural workers’ dwellings; sawmills; shops (other than those listed in Schedule 4); stables; stock and sale yards; tourist facilities; town-houses; villas.

Zone 5 (a)   (Special Uses 5 (a) (Existing and Proposed) Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land to be or currently used by public authorities, private organisations and the Council on which development may be carried out that assists the operation and functioning of development in adjoining residential areas, and

(b)  to identify land reserved for future acquisition by the Council for a range of community facilities and services, and

(c)  to identify land that has been reserved at the request of public authorities for their future acquisition on which development may be carried out that assists the operation and functioning of development in adjoining residential areas, and

(d)  to identify land that has been acquired by private organisations and provide land on which development may be carried out that assists the operation and functioning of development in adjoining residential areas (such as development for the purpose of educational establishments), and

(e)  to permit land that is not immediately required for special use purposes to be used for purposes permissible in adjoining zones where that use is compatible with the existing use or likely future use of the land.

2 Development allowed without consent

Exempt development.

3 Development allowed only with consent

Development for the purpose of:

(a)  in relation to land set aside for a particular land use (as indicated by black lettering on the map) other than railways:

the particular land use for which the land has been set aside; bush fire hazard reduction; community facilities; open space; public buildings; recreation areas; renewable energy facilities; roads; utility installations (other than gas holders or generating works), and

(b)  in relation to land set aside for use for railways (as indicated by the word “Railways” on the map):

open space; railways; renewable energy facilities; roads; utility installations.

Development for the purpose of the following (which is notifiable development):

any land use specified in item 3 of the matter, in this Table, relating to any other zone in which land adjacent to the land concerned is situated; telecommunications facilities.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 5 (b)   (Special Uses 5 (b) (Existing and Proposed Roads) Zone)

1 Objectives of zone

The objective is to identify land required for existing or proposed roads (including the widening of existing roads) and to provide for the acquisition of that land.

2 Development allowed without consent

Nil.

3 Development allowed only with consent

Development for the purpose of:

bush fire hazard reduction; public utility undertakings; renewable energy facilities; roads; utility installations (other than gas holders or generating works).

Development for the purpose of the following (which is notifiable development):

telecommunications facilities.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 5 (c)   (Special Uses 5 (c) (Trunk Drainage and Conservation) Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land to be acquired by Sydney Water Corporation for trunk drainage purposes, and

(b)  to provide for the use of land for drainage purposes having regard for the environmental constraints of that land, and

(c)  to provide for the preservation of biological diversity, archaeological significance, scenic values and recreation opportunities of that land.

2 Development allowed without consent

Nil.

3 Development allowed only with consent

Development for the purpose of:

bush fire hazard reduction; drainage works; landscaping; open space; recreation areas; recreation facilities; renewable energy facilities; roads; utility installations.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 6 (a)   (Open Space 6 (a) (Existing and Proposed Public Recreation) Zone)

1 Objectives of zone

The objectives are:

(a)  to ensure there is provision of adequate open space areas to meet the existing and future needs of residents and to provide opportunities to enhance the environmental quality and heritage character of the Baulkham Hills local government area, and

(b)  to identify land that is now owned, or proposed to be owned, by the Council and to provide for the acquisition or dedication of that land for open space or public recreational purposes, and

(c)  to identify land that is owned by the Crown and is under the care, control and management of the Council as public open space, and

(d)  to protect, preserve and enhance areas of urban bushland and fauna habitat corridors that are considered valuable in terms of their natural heritage significance and recreational, educational, aesthetic and scientific value, and

(e)  to provide opportunities for formal and informal recreation and tourist facilities development on publicly owned land for use by the community.

2 Development allowed without consent

Development for the purpose of:

bush fire hazard reduction; open space; works and buildings involved in landscaping.

3 Development allowed only with consent

Development for the purpose of:

agriculture (other than dams); bush fire fighting establishments; caravan parks; caretakers’ dwellings; child care centres; community facilities; environmental protection works; forestry; public buildings; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; roads; utility installations (other than gas holders or generating works).

Development for the purpose of the following (which is notifiable development):

restaurants; telecommunications facilities.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 6 (b)   (Open Space 6 (b) (Private Recreation) Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land where private recreation and tourist facilities are located or may be developed, and

(b)  to promote tourism, recreation and entertainment development in appropriate areas.

2 Development allowed without consent

Exempt development and development for the purpose of:

bush fire hazard reduction; works for the purposes of landscaping.

3 Development allowed only with consent

Development for the purpose of:

advertising structures; agriculture; bush fire fighting establishments; child care centres; community facilities; environmental protection works; filling of land; forestry; leisure facilities; open space; public buildings; recreation areas; recreation facilities; renewable energy facilities; roads; utility installations (other than gas holders or generating works).

Development for the purpose of the following (which is notifiable development):

clubs associated with recreation facilities; restaurants; telecommunications facilities; tourist facilities.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 7 (a)   (Environmental Protection 7 (a) (Wetlands) Zone)

1 Objectives of zone

The objectives are:

(a)  to conserve and enhance the ecological, scenic and environmental attributes of wetland areas, and

(b)  to allow development only where it will not have a significant detrimental effect on wetlands.

2 Development allowed without consent

Development for the purpose of:

home activities; home-based child care or family day care homes.

3 Development allowed only with consent

Development for the purpose of:

additions or alterations related to existing dwellings; agriculture (other than dams); bush fire hazard reduction; dwelling-houses; environmental protection works; open space; renewable energy facilities.

Development for the purpose of the following (which is notifiable development):

Nil.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 8 (a)   (National Parks and Nature Reserves 8 (a) Zone)

1 Objectives of zone

The objective is to identify land that is reserved or dedicated under the National Parks and Wildlife Act 1974.

2 Development allowed without consent

Any development authorised by or under the National Parks and Wildlife Act 1974 or ancillary or incidental to any such development.

3 Development allowed only with consent

Nil.

4 Prohibited development

Any development not included in item 2 or 3.

Zone 10 (a)   (Employment Area 10 (a) (Business Park) Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for new industrial, business and office development that will contribute to the economic and social growth of the local government area, and

(b)  to provide for the special requirements of light industry and business, particularly in the areas of advanced technology and communications, and to cater for the varying needs of employment activities, and

(c)  to encourage the development of a new industrial business and office employment area in a location highly accessible to employees, and

(d)  to make special provision for industries using and developing advanced technology products and processes, and

(e)  to provide facilities for business and light industry by allowing development of a range of ancillary commercial, recreational and community facilities and other development activities serving the needs of the business park workforce, and

(f)  to create a park-like environment emphasising the integration of all structures and landscaped areas, and

(g)  to promote development that encourages public transport use and minimises private traffic generation.

2 Development allowed without consent

Exempt development.

3 Development allowed only with consent

Development for the purpose of the following (which is notifiable development):

telecommunications facilities.

Any development not included in item 2 or 4.

Included in this item is the following complying development:

different commercial premises use resulting from a change of use of commercial premises; different use of an industrial unit resulting from a change of one industrial use to another involving less than 500m² in gross floor area; internal alterations related to an existing industrial unit or industrial building (except where gross floor area is increased); internal alterations related to existing commercial premises.

4 Prohibited development

Development for the purpose of:

agricultural products establishments; agriculture; amusement parks; animal boarding, breeding and training establishments; apartment buildings; attached dual occupancies; bed and breakfast establishments; brothels; bulky goods premises; bus depots; caravan parks; dams; detached dual occupancies; dwelling-houses; dwellings (other than those ancillary to light industry and situated on land on which the light industry is conducted); environmentally integrated housing; exhibition homes; exhibition villages; extractive industries; forestry; generating works (other than renewable energy facilities); home activities; home-based child care or family day care homes; home businesses; home industries; home occupations (sex services); industries (other than light industries); institutions; intensive animal industries; intensive horticulture establishments; junk yards; liquid fuel depots; mines; offensive or hazardous industries; places of assembly; road transport terminals; roadside stalls; rural industries; rural workers’ dwellings; sex services premises; shops; stables; stock and sale yards; town-houses; waste disposal; villas.

cl 13, table: Am 2006 (184), Sch 1 [5]–[7]; 2006 (622), Sch 1 [2]; 2007 (148), Sch 1 [4] [5]; 2007 (329), Sch 1 [3]–[5]; 2010 (434), Sch 1 [2] [3]; 2010 (621), cl 4.

Part 3 Special provisions

Division 1 Subdivision and demolition

14 Subdivision requires consent

Subdivision of land to which this plan applies may be carried out, but only with development consent.

15 Demolition requires consent

Demolition of a building or work may be carried out on land to which this plan applies, but only with development consent, unless it is exempt development.

16 Subdivision of dual occupancies prohibited

(1)  In this clause, dual occupancy dwellings means the dwellings resulting from attached dual occupancy or detached dual occupancy development carried out before or after the commencement of this plan.

(2)  Consent must not be granted for a subdivision of land that consists of or includes dual occupancy dwellings if the subdivision would:

(a)  create separate land titles for each of the dual occupancy dwellings, or

(b)  be effected by any agreement, dealing, plan or instrument that renders each of the dual occupancy dwellings available for separate occupation, use or disposition.

(3)  This clause does not prohibit:

(a)  a subdivision by a strata plan that creates lots substantially corresponding with parts of a building that were shown in the building plans accompanying the building application and designated in those plans as being intended for separate occupation, if the Council’s approval for the building was granted before the commencement of Baulkham Hills Local Environmental Plan 1991 (Amendment No 37), or

(b)  the issue of a certificate of approval for such a strata plan.

17 Saving of right to subdivide certain dual occupancies

(1)  In this clause:

commencement day means 18 October 1996, being the day on which Baulkham Hills Local Environmental Plan 1991 (Amendment No 37) was gazetted.

preserved development means:

(a)  dual occupancy development the subject of a development consent granted before the commencement day that has been, or may be, carried out in accordance with that consent, or

(b)  dual occupancy development the subject of a development application made before the commencement day that was or is determined on or after the commencement day by the granting of development consent.

(2)  Despite clause 16, land on which preserved development has been or is carried out may be subdivided so as to allow the creation of separate land titles for each of the two dwellings resulting from the preserved development if the subdivision would have been lawful immediately before the commencement day.

18 Subdivision of land in Zones 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a)

(1)  Subject to subclause (5), land within a zone specified in paragraph (a)–(d) must not be subdivided unless each separate allotment to be created by the subdivision has an area of not less than the area specified in respect of that land:

(a)  Zone l (a)—40 hectares,

(b)  Zone l (b)—10 hectares,

(c)  Zone l (c)—2 hectares,

(d)  Zone 7 (a)—40 hectares.

(2)  Consent must not be granted to a subdivision of land within Zone l (d) unless:

(a)  the land forms part of an existing holding, and

(b)  the number of lots to be created and that the consent authority is satisfied will be used for the purpose of erecting a dwelling-house is not greater than the area of the existing holding, expressed in hectares, divided by 2 and rounded up to the nearest whole number, and

(c)  the area of each separate allotment to be created is not less than 0.6 hectares.

(3)  An allotment of land created in accordance with subclause (2) must not be further subdivided into lots for the purpose of erecting a dwelling-house.

(4)  Nothing in subclause (3) precludes a subdivision that complies with subclause (2) being carried out in stages.

(5)  Despite any other provision of this plan, land may be subdivided, with development consent, for any of the following purposes:

(a)  creating a public reserve,

(b)  creating an allotment or allotments which is or are, or is or are intended to be, used for public purposes, including drainage purposes, bush fire brigade or other rescue service purposes or public convenience,

(c)  making a minor adjustment to a common boundary between allotments, being an adjustment that does not involve the creation of any additional allotment,

(d)  rectifying an encroachment on an allotment,

(e)  consolidating allotments,

(f)  opening or widening a public road,

(g)  enlarging the area of any existing allotment, without reducing the area of any other existing allotment below the minimum described in subclause (1).

18A Subdivision of land in Zone 2 (b1)

(1)  Land within Zone 2 (b1) must not be subdivided to create an allotment to be used for residential purposes unless the allotment has an area of not less than the minimum area, which is 700m².

(2)  Despite subclause (1), if an allotment is to include land within 20 metres of the centreline of a creek (the creek being identified as trunk drainage on the map) the minimum area of that allotment is 700m² in addition to any area of that allotment that is within 20 metres of the centreline of the creek.

cl 18A: Ins 2006 (184), Sch 1 [8].

18B Subdivision of certain land in Zone 2 (d)

Land within Zone 2 (d), as shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 25)”, must not be subdivided for residential purposes unless each proposed allotment has a minimum area of 1,000m².

cl 18B: Ins 2012 (10), cl 4 (2).

Division 2 Residential development

19 Minimum site area for apartment buildings, town-houses and villas

Consent must not be granted to development for the purpose of buildings of a kind specified in Column 1 of the Table to this clause unless the total area of the land the subject of the development application is equal to or greater than the area specified in Column 2 in relation to those buildings.

Table

Column 1	Column 2
apartment building	4,000m2
town-houses	1,800m2
villas	1,000m2

20 Smaller minimum site area for apartment buildings, town-houses and villas

Despite clause 19, consent may be granted to development for the purpose of apartment buildings, town-houses or villas on land that is smaller than the area required by that clause if the Council is satisfied that:

(a)  Streetscape

The form of the proposed structures is compatible with adjoining structures in terms of their elevation to the street and building height.

(b)  Visual and acoustic privacy

The design and location of rooms, windows and balconies of the proposed structures, and the open space to be provided, ensures acceptable noise levels and visual privacy.

(c)  Solar access and design

The dwellings are designed to minimise energy needs and utilise passive solar design principles.

(d)  Landscaping and open space

Significant existing vegetation will be retained and landscaping is incorporated within setbacks and open space areas.

21 Sites adjoining apartment buildings, town-houses and villas

(1)  Consent must not be granted to the development of land in Zone 2 (a1) for the purpose of apartment buildings, town-houses or villas if the carrying out of the proposed development would, in the opinion of the consent authority, render any allotment adjoining the site of the proposed development incapable of development for the purpose of town-houses because the allotment would not meet the requirements of clause 19.

(2)  Consent must not be granted to the development of:

(a)  land in Zone 2 (a2) for the purpose of town-houses or villas, or

(b)  land in Zone 2 (a3) for the purpose of villas,

if the carrying out of the proposed development would, in the opinion of the consent authority, render any allotment adjoining the site of the proposed development incapable of development for the purpose of villas because the allotment would not meet the requirements of clause 19.

22 Integrated housing

Despite any other provision of this plan, development for the purpose of integrated housing may be carried out, but only with development consent, on land:

(a)  that is within Zone 2 (a), 2 (b) or 2 (c), and

(b)  to which the Sydney Regional Environmental Plan No 19—Rouse Hill Development Area, as gazetted on 1 September 1989 applies, but excluding any land within Zone 2 (b1).

cl 22: Am 2006 (184), Sch 1 [9].

Division 3 Protection of the environment

23 Development of flood liable land

(1)  Consent must not be granted for development of land that, in the opinion of the consent authority, may be subject to flooding, unless the consent authority has taken into account the following aim of this plan:

to reduce the impact of flooding on owners and occupiers and to reduce private and public losses resulting from flooding, whilst ensuring the environment is conserved and protected.

(2)  Despite any other provision of this plan, development must not be carried out on land that is subject to the flood standard, except with development consent.

24 Development near Hawkesbury River

(1)  This clause applies to all land within Zone l (b) that is within 1,000 metres of the bank of the Hawkesbury River.

(2)  A building (other than a loading ramp, jetty, pontoon or the like) must not be erected on land within 30 metres of the bank of the Hawkesbury River.

(3)  The external surface of any building must be constructed of prescribed materials.

(4)  Development may be carried out on land to which this clause applies (including the clearing of any such land of trees or other vegetation) only with development consent.

25 Protection of riparian land near creeks

(1)  Consent must not be granted to the carrying out of development within 200 metres of a creek, unless the consent authority is satisfied that the development will not have a detrimental impact on natural ecosystems, flora and fauna, water quality, natural drainage channels, visual amenity, flooding, soil erosion or topographical features.

(2)  Despite any other provision of this plan, development (other than development for the purpose of bridges, demolition of existing structures, environmental protection works, public open space and storm water drainage) must not be carried out on land within 20 metres of the centreline of a creek, as shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 5)”.

cl 25: Am 2006 (184), Sch 1 [10].

26 Land subject to bush fire hazards

Before granting consent to any development on land that in its opinion is likely to be affected by bush fire, the consent authority must take into account whether:

(a)  the development is likely to have an adverse effect on the implementation of any strategies for bush fire control and fuel management adopted by the Baulkham Hills Bush Fire Management Committee in accordance with the Rural Fires Act 1997, and

(b)  access arrangements to and from the development will increase the hazard to residents, visitors or emergency services, and

(c)  the increased demand for emergency services, during bush fire events created by the development would lead to a decrease in the ability of the emergency services personnel to effectively control major bush fires, and

(d)  the measures adopted to avoid or mitigate the threat from bush fire, including siting of the development, design of structures and materials used, clearing of vegetation, fuel free and fuel reduced areas and landscaping and fire control aids such as roads and water supplies are inadequate for the locality or would result in unacceptable environmental impacts.

27 Tree and bushland management

(1)  The aim of this provision is to maintain and enhance the visual amenity of the local government area of Baulkham Hills through the effective control and management of actions likely to affect the health of trees and bushland.

(2)  This clause applies to any tree (including a habitat tree) or bushland, except as otherwise provided by this clause.

(3)  Except in accordance with a development consent or permit granted by the Council, a person must not ring-bark, cut down, top, lop, remove, injure or wilfully destroy any tree or bushland.

(4)  Except in accordance with a development consent, the carrying out of any filling or excavating (excluding top dressing, gardening, paving on a sand base and the like) within the area vertically beneath the foliage of a tree or bushland is prohibited.

(5)  Despite subclauses (2) and (3), the following may be removed without a development consent or permit granted by the Council:

(a)  trees in a State forest or on land reserved as a timber reserve within the meaning of the Forestry Act 1916, trees required to be trimmed or removed under section 48 of the Electricity Supply Act 1995 or trees or bushland on land reserved or dedicated under the National Parks and Wildlife Act 1974, or

(b)  trees or bushland of a species that has been declared a noxious weed under the Noxious Weeds Act 1993, or

(c)  a fruit tree or tree grown for the purposes of fruit or fodder, excluding naturally growing native fruiting species, or

(d)  a tree of any of the following species:

Alnus jorrullensis (Evergreen Alder)

Populus nigra “Italica” (Lombardy Poplar)

Pittosporum undulatum (Sweet Pittosporum)

Schefflera actinophylla (Umbrella Tree)

Ficus elastica (Indian Rubber Tree)

Acer negundo (Box Elder Maple)

Salix babylonica (Willow Tree)

Gleditsia triacanthus (Honey Locust)

Ligustrum lucidum (Broad Leaved Privet)

Ligustrum sinense (Small Leaved Privet)

Olea europaea (Wild Olive)

Robina pseudoacacia (False Acacia/Black Locust)

Toxicodendron succedaneum (Rhus Tree)

Syagrus romanzoffianum (Cocos Palm)

(6)  This clause does not require development consent or a permit to allow the ring-barking, cutting down, topping, lopping, removal, injury or wilful destruction of a tree or bushland:

(a)  if the tree is not a habitat tree and the tree was dying, dead or dangerous and:

(i)  the tree poses an imminent danger to property or life, or

(ii)  the action is necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the tree, or

(b)  if the action is required or allowed to be carried out by or under the Rural Fires Act 1997 without development consent, or

(c)  if an application for a permit to allow the action was made to Council and the Council did not within 21 days serve the person who made the application with notice that it opposed the action being taken.

cl 27: Am 2008 (633), Sch 1 [4].

28 Clearing of bushland in Zone 1 (a), 1 (b), 1 (c), 1 (d) or 7 (a) requires consent

Despite any other provisions of this plan, clearing of bushland in Zone 1 (a), 1 (b), 1 (c), 1 (d) or 7 (a) may be carried out only with development consent, unless the clearing consists of:

(a)  an activity required or allowed to be carried out by or under the Rural Fires Act 1997 without development consent, or

(b)  bush fire hazard reduction works a land owner has otherwise been lawfully directed to carry out by a member of the NSW Rural Fire Service or the State Emergency Service.

29 Development on land identified on Acid Sulfate Soils Planning Maps

(1)  Acid Sulfate Soils Planning Maps means the series of maps prepared by the former Department of Urban Affairs and Planning and dated December 1997, held in the offices of the Department of Infrastructure, Planning and Natural Resources.

(2)  A person must not, without development consent, carry out works described in the following Table on any land of a class specified in that Table for those works, except as provided by subclause (4).

Class of land as shown on Acid Sulfate Soils Planning Maps	Works
1	Any works
2	Works below natural ground surface Works by which the watertable is likely to be lowered
3	Works beyond 1 metre below natural ground surface Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface
4	Works beyond 2 metres below natural ground surface Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface
5	Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3, or 4 land

(3)  For the purposes of the Table to subclause (2), works includes:

(a)  any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies, (including canals, dams and detention basins) or foundations, or flood mitigation works), or

(b)  any other works that are likely to lower the watertable.

(4)  This clause does not require consent for the carrying out of those works if:

(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and

(b)  the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(5)  A consent required by this clause must not be granted unless the consent authority has considered:

(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b)  the likelihood of the proposed development resulting in the discharge of acid water, and

(c)    (Repealed)

(6)  This clause requires consent for development to be carried out by councils, county councils or drainage unions despite:

(a)  clause 35 of, and items 2 and 11 of Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan, and

(b)  clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development.

cl 29: Am 2008 (571), Sch 3.8 [2].

30 Land affected by geotechnical hazard

Consent must not be granted to the carrying out of development on land shown cross hatched in black and labelled “Geotechnical Assessment Area” on the map unless the consent authority is satisfied that a geotechnical appraisal of the land (including the sinking of cored boreholes) has been undertaken and that a suitably qualified engineer experienced in soil and rock mechanics has certified that the land is suitable for the proposed development.

cl 30: Am 2009 (365), Sch 1 [4].

31 Advertising structures and advertisements

(1)  A person must not erect or display an advertising structure or advertisement without development consent, except as exempt development.

(2)  Consent may be granted to the erection or use of an advertising structure only where it advertises the purpose for which the premises or land on which it stands is used.

(3)  The Council may erect advertising structures on land within Zone l (a), 1 (b), 1 (c) or 1 (d) for the purpose of directing the travelling public to tourist areas or for the purpose of displaying private advertisements to tourist facilities.

(4)  The use of public land to display an advertisement for a commercial purpose on a trailer is prohibited. This subclause does not apply to a trailer attached to a motor vehicle while the vehicle and trailer are otherwise lawfully on the carriageway of a public street.

(5)  The erection of any form of advertising sign attached to a telegraph pole, tree, street post or the like is prohibited.

(6)  This clause does not affect the application of State Environmental Planning Policy No 64—Advertising and Signage to land to which this plan applies.

32 Extractive industries

Consent must not be granted to the carrying out of development for the purpose of extractive industries unless the consent authority has given consideration to the following:

(a)  social, economic and environmental impacts of the proposed development and the management of those impacts,

(b)  the extent to which internationally and nationally recognised environmental standards may be implemented in carrying out the proposed development,

(c)  the extent of community consultation about and involvement in all phases of the proposed development,

(d)  the existence, nature and level of detail of sound technical parameters for carrying out the proposed development in an environmentally sensitive manner,

(e)  the conservation of the biological and cultural diversity and quality of land within the Baulkham Hills local government area,

(f)  the impact of the proposed development on the archaeological resources of the site,

(g)  the impact on the cultural landscape, including any significant views and vistas to or from heritage items located in the vicinity of the proposed development,

(h)  a proposed program for remediation of the site and for post extractive industry usage,

(i)  the impact of the proposed development on surface water and groundwater resources,

(j)  the impact of the proposed development on native vegetation (trees, shrubs and groundcover species) including threatened species,

(k)  the impact of the proposed development on native fauna habitat,

(l)  the provision of an adequate setback of not less than 40 metres from the top bank of a watercourse to the extraction operations.

33 Development within Zone 2 (e)

(1)  Consent must not be granted to the carrying out of any of the following development on land within Zone 2 (e):

(a)  development that does not provide for the connection of surface stormwater on the land the subject of the development to a piped stormwater drainage system,

(b)  the erection of a dwelling-house, unless:

(i)  the proposed dwelling-house is a replacement for an existing dwelling, and

(ii)  it will have a floor area not exceeding 125% of the floor area of the existing dwelling, and

(iii)  it will be a light and flexible structure capable of tolerating soil movement,

(c)  additions or alterations to an existing dwelling-house, unless:

(i)  the area of the existing dwelling-house will not be increased by more than 25%, and

(ii)  the additions or alterations will be light and flexible and capable of tolerating soil movement,

(d)  excavation or filling of land to a depth or height of more than 300mm from the existing surface level,

(e)  the erection of or installation of:

(i)  any concrete or fibreglass swimming-pool, or

(ii)  an above-ground swimming-pool (unless the swimming-pool is less than 1 metre deep),

(f)  a subdivision for the purpose of creating additional lots to be used for residential purposes.

(2)  A person may, with development consent:

(a)  erect a shed or carport, if it is of a lightweight and flexible material, or

(b)  replace or reclad the walls of an existing dwelling in lightweight, flexible materials.

(3)  Consent must not be granted to any development that involves the erection of a structure on any land and is allowed to be carried out because of an exception to subclause (1) or because of subclause (2) unless the consent authority is satisfied that a suitably qualified engineer experienced in soil and rock mechanics has certified that the structure is suitable for the land, having regard to the geotechnical constraints of the land.

(4)  In this clause:

existing dwelling and existing dwelling-house means a dwelling or dwelling-house as it existed on 1 February 2002, being the day on which Baulkham Hills Local Environmental Plan 1991 (Amendment No 92) commenced.

existing surface level, in relation to land, means the surface level of the land on that day.

34 Environmental management and monitoring

Consent must not be granted to development within Zone 1 (a), 1 (b), 1 (c), 1 (d), 7 (a) or 8 (a), unless the consent authority is satisfied that the proposed development takes into account the following environmental features adequately and that those features will continue to be monitored:

(a)  water quality,

(b)  soil erosion,

(c)  air quality,

(d)  noise,

(e)  salinity,

(f)  bush fire hazard,

(g)  flora and fauna,

(h)  the continued monitoring of the above issues.

Division 4 Heritage conservation

35 Protection of heritage items, relics and heritage conservation areas

(1)  The following development may be carried out only with development consent:

(a)  demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c)  altering a heritage item or a building, work, relic, or place within a heritage conservation area by making structural changes to its interior,

(d)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  moving the whole or a part of a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(f)  erecting a building on, or subdividing, land on which a heritage item is located or that is within a heritage conservation area.

(2)  Development consent is not required by this clause if:

(a)  in the opinion of the Council:

(i)  the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, relic, tree or place within a heritage conservation area, and

(ii)  the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b)  the proponent has notified the Council in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.

(3)  Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, or to relics in the form of grave goods:

(a)  the creation of a new grave or monument, or

(b)  an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4)  Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(5)  The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues).

(6)  The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers the development proposed should be assessed with regard to such a plan or if the proposed development affects a heritage item designated in Schedule 1 as being of State or regional significance.

(7)  The minimum number of issues that must be addressed by the heritage impact statement are:

(a)  for development that would affect a heritage item:

(i)  the heritage significance of the item as part of the environmental heritage of the Baulkham Hills local government area, and

(ii)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii)  the measures proposed to conserve the heritage significance of the item and its setting, and

(iv)  whether any relic would be adversely affected by the proposed development, and

(v)  the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b)  for development that would be carried out in a heritage conservation area:

(i)  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii)  the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii)  the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv)  the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v)  whether any landscape or horticultural features would be affected by the proposed development, and

(vi)  whether any relic would be affected by the proposed development, and

(vii)  the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern.

(8)  Where it is proposed to develop or demolish a building, relic or structure not listed in Schedule 1 that is older than fifty years, the consent authority may require the submission of a heritage impact statement that addresses issues referred to in subclause (7) so as to enable it to fully consider the impact of the development upon the significance of the building, relic, or structure.

(9)  The consent authority must decline to grant a consent required by this Division if any heritage impact assessment or conservation management plan submitted for consideration in connection with the development application has not been prepared in accordance with the principles of the ICOMOS Burra Charter and to a standard acceptable to the Council.

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 35: Am 2008 (571), Sch 3.8 [3].

36 Advertised heritage development

The following development is identified as advertised development for the purposes of the Act:

(a)  the demolition of a heritage item or a building, work, relic, tree or place in a heritage conservation area,

(b)  the carrying out of any development allowed by clause 40 (Conservation incentives).

37 (Repealed)

cl 37: Rep 2008 (571), Sch 3.8 [4].

38 Development affecting archaeological sites of non-Aboriginal heritage significance

(1)  Before granting consent for development that will be carried out on an archaeological site that has non-Aboriginal heritage significance the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2)  This clause does not apply if the proposed development:

(a)  does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)  is integrated development.

cl 38: Am 2008 (571), Sch 3.8 [5].

39 Development in vicinity of a heritage item or heritage conservation area

(1)  Before granting consent to development in the vicinity of a heritage item or a heritage conservation area, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item or the heritage conservation area.

(2)  This clause extends to development:

(a)  that may have an impact on the setting of a heritage item or heritage conservation area, for example, by affecting a significant view to or from the item or conservation area, or by overshadowing, or

(b)  that may undermine or otherwise cause physical damage to a heritage item or heritage conservation area, or

(c)  that will otherwise have any adverse impact on the heritage significance of a heritage item or heritage conservation area.

(3)  The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item or heritage conservation area.

(4)  The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item or heritage conservation area.

40 Conservation incentives

The consent authority may grant consent to:

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

(b)  the use for any purpose of a building that has heritage significance and is situated within a conservation area, or of the land on which any such building is erected, even though the use would otherwise not be allowed by this plan, if:

(i)  it is satisfied that the conservation or retention of the heritage item depends on the granting of consent, and

(ii)  the proposed use will be in accordance with a conservation management plan that has been endorsed by the consent authority, and

(iii)  the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

(iv)  the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

(v)  the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

41 Development in heritage conservation areas

(1)  Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2)  In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features):

(a)  the pitch and form of the roof (if any),

(b)  the style, size, proportion and position of the openings for windows or doors (if any),

(c)  the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

Division 5 Acquisition and interim development of reserved land

42 Land within Zone 5 (a) (other than community facility or local open space land) and Zone 5 (c)

Note—

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

(1)  The owner of any land within Zone 5 (a) or 5 (c) may, by notice in writing, require:

(a)  in the case of land within Zone 5 (a) and lettered on the map “Educational Establishment” (unless the land is lettered “Educational Establishment (Private)” on the map) the Minister for Education and Training, or

(b)  in the case of land within Zone 5 (a) and lettered on the map “Water Storage”, “Pumping Station”, “Sewage Treatment Works” or “Trunk Drainage”, Sydney Water Corporation, or

(c)  in the case of land within Zone 5 (a) and lettered on the map “Railways”, Rail Corporation New South Wales, or

(c1)  in the case of land within Zone 5 (a) and lettered on the map “Railway Corridor”, the corporation constituted by section 8 (1) of the Act, or

(d)  in the case of land within Zone 5 (a) and lettered on the map “Telephone Exchange”, Telstra Corporation Limited, or

(e)  in the case of land within Zone 5 (a) and lettered on the map “Electricity Generation”, Transgrid, or

(f)  in the case of land within Zone 5 (a) and lettered on the map “High Voltage Electricity Supply”, TransGrid, or

(g)  in the case of land within Zone 5 (a) and lettered on the map “Hospital” (unless the land is lettered “Hospital (Private)” on the map) the Health Administration Corporation, or

(h)  in the case of land within Zone 5 (c) and lettered on the map “Trunk Drainage and Conservation Zone”, Sydney Water Corporation,

as the public authority that has responsibility for acquisition of the land for the purpose for which the land is zoned, to acquire the land.

(2)  On receipt of a notice referred to in subclause (1), the public authority concerned must acquire the land.

(3)  Subject to subclause (4), until the land referred to in subclause (1) (or land within Zone 5 (a) shown lettered “Post Office” on the map) is acquired by the public authority concerned, development may be carried out on that land, but only with development consent.

(4)  The Council may grant consent to the carrying out of development on land referred to in subclause (1) (c) and (c1) to be acquired by a public authority, but only with the concurrence of that public authority.

(5)  The Council may grant consent under this clause to the carrying out of development of land to be acquired by a public authority subject to conditions requiring any one or more of the following:

(a)  the removal of the building or work for which consent is granted,

(b)  the reinstatement of the land or removal of any waste materials or refuse,

(c)  compliance with any condition requested by the Council in granting its consent.

(6)  The Council, in considering whether to grant consent under this clause, and the public authority concerned, in considering whether to grant the concurrence required by subclause (4), must take into consideration:

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

(b)  the imminence of acquisition.

(7)  In considering whether to grant consent under subclause (3) for development on land to be acquired by Sydney Water Corporation, the Council must take into consideration, in addition to the matters referred to in subclauses (5) and (6), the following matters:

(a)  the need to ensure the efficient operation of the trunk drainage system,

(b)  the potential threat to life and property during flood,

(c)  the cost of reinstatement of the land for the purposes for which the land is to be acquired,

(d)  the requirements of any management plan that Sydney Water Corporation has identified as being relevant to that land,

(e)  any risks to Sydney Water Corporation associated with the proposal,

(f)  the compatibility of the proposed development with a Sydney Water Corporation use,

(g)  the proposed operating and management arrangements,

(h)  the impact of the proposed development on Sydney Water Corporation’s infrastructure.

cl 42: Am 2006 (184), Sch 1 [11]; 2008 (571), Sch 3.8 [6]–[8].

43 Land reserved for roads

Note—

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

(1)  The owner of land within Zone 5 (b) that is a classified road may, by notice in writing, require the RTA to acquire the land if:

(a)  the land is included in the 5 year works program of the RTA current at the time of the receipt of the notice, or

(b)  the RTA has decided not to grant concurrence under subclause (4) to an application for consent to the carrying out of development on the land, or

(c)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(2)  The owner of any land within Zone 5 (b) that is not a classified road, may, by notice in writing, require the Council to acquire the land if:

(a)  the land is included in a current works program of the Council or a program of Council for the acquisition of land by the Council, or

(b)  the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3)  On receipt of a notice under this clause, the RTA or the Council, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

(4)  A person may, with development consent, carry out development on land within Zone 5 (b):

(a)  if the development may be carried out on land in an adjoining zone, or

(b)  if the development is compatible with development that may be carried out on land in an adjoining zone.

(5)    (Repealed)

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

(7)  Despite any other provision of this plan, the owner of any land within a corridor identified as a public transport corridor (stippled black) on the map marked “Sydney Regional Environmental Plan No 18—Public Transport Corridors” may, by notice in writing, require the Corporation to acquire the land if:

(a)  the land is included in a current priority programme for acquisition determined by the Corporation, or

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

but the Corporation is not required to acquire the land if it might reasonably be required to be dedicated as a condition of consent to a development application.

(8)  On receipt of such a notice, the Corporation must acquire the land.

(9)  Notwithstanding any other provisions of this plan:

(a)  a person is not to carry out development on land identified as a public transport corridor (stippled black) on the map marked “Sydney Regional Environmental Plan No 18—Public Transport Corridors”, and

(b)  consent must not be granted to the carrying out of development on land within, or in the immediate vicinity of, such land, otherwise than in accordance with the provisions of Sydney Regional Environmental Plan No 18—Public Transport Corridors.

(10)  In this clause:

the Corporation means the Corporation constituted by section 8 (1) of the Act.

the RTA means the Roads and Traffic Authority of New South Wales constituted under the Transport Administration Act 1988.

Note—

The Land Acquisition (Just Terms Compensation) Act 1991 may apply to land that has been reserved exclusively for public purposes.

cl 43: Am 2008 (571), Sch 3.8 [9] [10]; 2008 (633), Sch 1 [5].

44 Land reserved for community facilities and local open space

(1)  The owner of any land within Zone 5 (a) and lettered on the map “Community Facility” or “Local Drainage” or any land within Zone 6 (a) may, by notice in writing, require the Council to acquire the land.

(2)  On receipt of such a notice, the Council must acquire the land if:

(a)  the land is included in a program for the acquisition of land by the Council current at the time of receipt of the notice, or

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

but the Council is not required to acquire the land if it might reasonably be required to be dedicated as a condition of consent to a development application.

(3)  Until the land referred to in subclause (1) is acquired by the Council, a person may, with development consent, carry out development on that land.

(4)  Such a consent may be granted subject to conditions requiring either or both of the following, with or without the payment of compensation by the Council:

(a)  the removal of the building or work for which consent is granted,

(b)  the reinstatement of the land or removal of any waste material or refuse.

(5)  In considering whether to grant consent as referred to in subclause (3), the consent authority must take into consideration:

(a)  the effect of the proposed development on the cost of acquisition, and

(b)  the imminence of acquisition.

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

Note—

The Land Acquisition (Just Terms Compensation) Act 1991 may apply to land that has been reserved exclusively for public purposes.

cl 44: Am 2006 (184), Sch 1 [12]; 2008 (633), Sch 1 [6].

Division 6 Miscellaneous

45 Adequacy of services to be considered

(1)  Consent must not be granted for the erection of a building, the carrying out of a work or a change of building use unless the consent authority is satisfied that adequate arrangements have been made for any provision or augmentation of the following that will be needed because of the carrying out of the proposed development:

(a)  a water supply, and sewerage or drainage services,

(b)  an electricity supply or telephone service,

(c)  roads.

(2)  Consent must not be granted to the carrying out of development for the purpose of apartment buildings, exhibition villages, shop-top housing, town-houses or villas unless the development is able to be connected to a Sydney Water Corporation sewerage system.

45A Restriction on certain subdivisions

(1)  This clause applies to all land within Zones 2 (a1), 2 (a2), 2 (a4), 2 (b1) and 3 (a), as shown on the maps marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 5)” and “Baulkham Hills Local Environmental Plan 2005 (Amendment No 10)”.

(1A)  This clause also applies to all land within Zone 2 (d), as shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 17)”.

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

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

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

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

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

(5)  Subclause (2) does not apply to a subdivision for the purpose of rectifying an encroachment on any existing allotment or for the purpose of realigning the boundaries of existing allotments.

(6)  State Environmental Planning Policy No 1—Development Standards does not apply to this clause.

cl 45A: Ins 2006 (184), Sch 1 [13]. Am 2009 (365), Sch 1 [5]; 2009 (626), Sch 1 [2].

46 Infrastructure development

(1)  Nothing in this plan restricts, prohibits, or requires the Council to obtain its own consent for development by the Council on land within any zone for the purpose of roads, cycleways, stormwater drainage, recreation areas, landscaping, gardening, bush fire hazard reduction, riverbank stabilisation or restoration, wetland protection or rehabilitation, public amenities or parking.

(2)  A person other than the Council may, with development consent, carry out development referred to in subclause (1) on land within any zone if the development is carried out in conjunction with development for the purpose of a parking area that is ancillary to development permissible in that zone.

47 Restrictions on development of public open space

(1)  Consent must not be granted to the carrying out of development on land within Zone 6 (a), being land owned or controlled or proposed to be owned or controlled by the Council, unless the consent authority has considered:

(a)  the need for the proposed development of that land, and

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

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

(2)  Consent must not be granted for a subdivision of land, some of which is within Zone 6 (a), unless the land within that zone will become a separate allotment.

(3)  Despite subclause (2), consent may, where the topography of the land to be subdivided makes it necessary, be granted for a subdivision in which the boundaries of the separate allotment referred to in that subclause do not correspond precisely with the boundaries of the land within Zone 6 (a), as shown on the map, but which vary only to a minor extent.

48 Community use of school facilities or site

(1)  Where land to which this plan applies is used for the purposes of an educational establishment, the site and facilities of the establishment may, with development consent, be used for the purpose of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community purpose, whether or not any such use is a commercial use of the land.

(2)  Nothing in this clause requires development consent to be granted for the carrying out of development on any land if that development could, but for this clause, be carried out on that land without development consent.

49 Temporary use of non-residential land

(1)  This clause applies to all land to which this plan applies other than land within Zone 2 (a), 2 (a1), 2 (a2), 2 (a3), 2 (a4), 2 (b), 2 (b1), 2 (c), 2 (d) or 2 (e).

(2)  Despite any other provision of this plan, a person may, without development consent, carry out development of land to which this clause applies for the purpose of a market, circus, auction, or for a community purpose, for a maximum of 14 days in any calendar year.

(3)  A person must not carry out any such development unless the person has given the Council a notice of the person’s intention to carry out the development and at least 28 days have elapsed since the notice was given. Such a notice only operates in relation to development carried out within 12 months of the date on which the notice is given.

cl 49: Am 2006 (184), Sch 1 [14].

50 Roads providing access to a public road

A road that provides access to an existing public road must not be opened unless development consent has been obtained for construction of the road.

51 Vehicular access from urban land to a classified road

(1)  This clause applies to all land within Zone 2 (a), 2 (a1), 2 (a2), 2 (a3), 2 (a4), 2 (b), 2 (b1), 2 (c), 2 (d), 2 (e), 3 (a), 3 (b), 3 (c), 4 (b), 5 (a), 6 (a), 6 (b) or 10 (a).

(2)  A person must not carry out development on land to which this clause applies, being land that adjoins a classified road, unless vehicular access to and from the land is made by way of another road (not being a classified road).

(3)  However, if subclause (2) is the only requirement that prevents the development from being able to be carried out, consent may be granted to allow that development even though it will require permanent vehicular access to and from a classified road, but only if, in the opinion of the consent authority, alternative access to the site of the proposed development is neither practical nor able to be provided by another road (or by a proposed road identified in a development control plan).

(4)    (Repealed)

cl 51: Am 2006 (184), Sch 1 [15] [16]; 2007 (641), Sch 5.2; 2008 (571), Sch 3.8 [11].

51A Noise attenuation for development along a classified road or bus transitway

(1)  This clause applies to land within 100 metres of a classified road or a bus transitway.

(2)  Consent must not be granted to the carrying out of development on land to which this clause applies unless the consent authority is satisfied that:

(a)  a noise and vibration assessment has been undertaken for the development, and

(b)  appropriate measures to minimise noise and vibration impact have been included.

(3)  If any development is identified in the noise and vibration assessment referred to in subclause (2) as being subject to high noise levels:

(a)  noise-sensitive uses must be located away from the noise source, and

(b)  the development must be protected by appropriate noise shielding or attenuation techniques as part of the design and construction of the development.

cl 51A: Ins 2006 (184), Sch 1 [17].

52 Considerations for development along classified roads

(1)  This clause applies to land within Zone l (a), l (b) or l (c) that has, or is proposed to have, direct vehicular access to a classified road.

(2)  Consent must not be granted to the carrying out of development for the purpose of agricultural products establishments, caravan parks, clubs, educational establishments, firewood establishments, hospitals, institutions, landscape supply establishments, places of worship, reception establishments, recreation establishments, restaurants, retail plant nurseries, roadside stalls, service stations, stock and sale yards or waste disposal on land to which this clause applies unless the consent authority has given consideration to:

(a)  the availability of access to the land from a road that is not a classified road, and

(b)  the limits of visibility to and from existing or proposed points of egress and ingress, and

(c)  the speed limit applicable to roads in the vicinity of the land, and

(d)  road improvements necessary to render safe any existing or proposed pedestrian and vehicular egress and ingress points to the site, and

(e)  any relevant requirements of the Roads and Traffic Authority, and

(f)  local road conditions, and

(g)  any recent accident history in the locality, and

(h)  the potential for unsafe pedestrian movements, and

(i)  the need for street lighting, and

(j)  the visual impact of the proposed development.

53 Development that is prohibited along classified roads

Despite any other provision of this plan, consent must not be granted to development for the purpose of the following along a classified road:

(a)  convenience stores, service stations or shops, unless on land in Zone 3 (a),

(b)  restaurants, unless on land in Zone 1 (b), 1 (c), 2 (c) or 3 (a),

(c)  bulky goods premises, unless on land in Zone 3 (a) or 3 (c),

(d)  child care centres, unless on land in Zone 1 (a), 1 (b) or 1 (c).

cl 53: Am 2006 (622), Sch 1 [3]; 2007 (148), Sch 1 [6].

54 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Part 1 of Schedule 5:

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

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

(3)  Land described in Columns 1 and 2 of Part 2 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except those (if any) specified opposite the description of the land in Column 3 of Part 2 of Schedule 5.

(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 5, means this plan, or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(5)  Before the relevant amending plan inserted the description of land into Part 2 of Schedule 5, the Governor approved of subclause (3) applying to the land.

55 Rouse Hill Regional Centre

(1)  Consent must not be granted to the carrying out of development on land within the Rouse Hill Regional Centre unless the Council has taken into consideration:

(a)  the document entitled Rouse Hill Regional Centre Background Report, as adopted by the Council, and

(b)  any recommendations and observations made by the Department,

with respect to the future provision of a rail link to and through the Rouse Hill Regional Centre.

(2)  In this clause, Rouse Hill Regional Centre means the land shown by distinctive colouring, edging or lettering on the map marked “Baulkham Hills Shire Council Local Environmental Plan 1991 (Amendment No 97)”.

56 Additional development allowed on certain land

(1)  Nothing in this plan prevents a person, with development consent, from carrying out development on land referred to in Column 1 of Schedule 6 if the development is specified in Column 2 of that Schedule in relation to that land, subject to such conditions (if any) as are so specified in Column 3 of that Schedule in relation to that land.

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

57 Transit Centre Development Site

(1)  This clause applies to all land within the area bounded by Balmoral Road, Old Windsor Road, Burns Road and Elizabeth Macarthur Creek and identified on the map by a distinctive black-coloured dashed line as a development site.

(2)  The consent authority must not consent to the carrying out of development, other than development for a public purpose, on land to which this clause applies unless:

(a)  a development control plan in relation to the land has been prepared that makes satisfactory provision for the following land use elements:

(i)  residential land use, including affordable housing,

(ii)  commercial/retail land use,

(iii)  public transport,

(iv)  public open space,

(v)  community facilities,

(vi)  bush fire asset protection zones, and

(b)  it is satisfied that all land use elements are appropriately integrated with all other land use elements.

cl 57: Ins 2006 (184), Sch 1 [18].

58 (Repealed)

cl 58: Ins 2006 (184), Sch 1 [18]. Rep 2007 (329), Sch 1 [6].

59 Development in vicinity of North West Rail Corridor

(1)  This clause applies to all land within 60 metres of the North West Rail Corridor.

(2)  Consent must not be granted to the carrying out of development on land to which this clause applies unless the consent authority is satisfied as to the following matters:

(a)  Noise

The proposed development incorporates appropriate noise attenuation measures.

(b)  Vibration

The proposed development incorporates appropriate vibration minimisation measures.

(c)  Building design and location

The design and location of the development is such that it will not interfere with the operation of the rail line and associated facilities.

(d)  Settlement

The development is designed and constructed to accommodate settlement caused by future excavation of the rail corridor.

(e)  Stormwater drainage

The development disposes of its stormwater in an appropriate manner without interfering with the operation of the rail corridor and associated facilities.

(3)  In this clause, North West Rail Corridor means the land marked “North West Rail Corridor Alignment” and shown by distinctive colouring, edging or lettering on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 5)”.

cl 59: Ins 2006 (184), Sch 1 [18].

60 Development within Castle Hill

(1)  This clause applies to the land shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 16)”.

(2)  The objectives of this clause are:

(a)  to control the bulk and scale of future development on the land, and

(b)  to ensure that future development is compatible with the scale and character of adjoining development.

(3)  The consent authority must not consent to the carrying out of development on land to which this clause applies unless:

(a)  the floor space ratio of the development does not exceed the maximum floor space ratio as shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 16)—Castle Hill Floor Space Ratio Map”, and

(b)  the building height of the development does not exceed the maximum building height as shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 16)—Castle Hill Building Height Map”.

cl 60: Ins 2009 (41), Sch 1 [3].

61 Development within Baulkham Hills

(1)  This clause applies to the land shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 19)—Sheet 1”.

(2)  The objectives of this clause are:

(a)  to control the bulk and scale of future development on the land, and

(b)  to ensure that future development on the land is compatible with the scale and character of adjoining development.

(3)  The consent authority must not consent to the carrying out of development on the land unless:

(a)  the floor space ratio of the development does not exceed the maximum floor space ratio shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 19)—Sheet 2”, and

(b)  the building height of the development does not exceed the maximum building height shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 19)—Sheet 3”.

cll 61: Ins 2010 (69), Sch 1 [3].

62 Design excellence in Baulkham Hills

(1)  This clause applies to development involving the erection of a new building or external alterations to an existing building on land to which clause 61 applies.

(2)  Development consent must not be granted for development to which this clause applies unless the consent authority considers that the development exhibits design excellence.

(3)  In considering whether the development exhibits design excellence, the consent authority must have regard to the following matters:

(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,

(c)  whether the development detrimentally impacts on view corridors,

(d)  whether the development detrimentally impacts on any land protected by solar access controls established in the Baulkham Hills Development Control Plan,

(e)  the requirements of the Baulkham Hills Development Control Plan,

(f)  how the development addresses the following matters:

(i)  the suitability of the land for development,

(ii)  existing and proposed uses and use mix,

(iii)  heritage issues and streetscape constraints,

(iv)  the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v)  bulk, massing and modulation of buildings,

(vi)  street frontage heights,

(vii)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii)  the achievement of the principles of ecologically sustainable development,

(ix)  pedestrian, cycle, vehicular and service access, circulation and requirements,

(x)  the impact on, and any proposed improvements to, the public domain.

(4)  Development consent must not be granted to the following development to which this plan applies unless an architectural design competition that is consistent with the Design Excellence Guidelines has been held in relation to the proposed development:

(a)  development in respect of a building that is, or will be, higher than 45 metres or 13 storeys (or both) in height,

(b)  development having a capital value of more than $5,000,000,

(c)  development for which the applicant has chosen to have such a competition.

(5)  Subclause (4) does not apply if the Council certifies in writing that the development is one for which an architectural design competition is not required.

(6)  The consent authority may grant consent to the erection or alteration of a building to which this clause applies that has a floor space ratio of not more than 10% greater than that allowed by the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 19)—Sheet 2”, but only if the design of the building or alteration is the result of an architectural design competition.

(7)  In determining whether to grant consent to the development application, the consent authority is to take into account the results of the architectural design competition.

(8)  In this clause:

architectural design competition means a competitive process conducted in accordance with the Design Excellence Guidelines.

Baulkham Hills Development Control Plan means the Baulkham Hills Development Control Plan, as in force at the commencement of Baulkham Hills Local Environmental Plan 2005 (Amendment No 19).

Design Excellence Guidelines means the Design Excellence Guidelines issued by the Director-General, as amended from time to time.

cll 62: Ins 2010 (69), Sch 1 [3].

63 Development within Carlingford

(1)  The consent authority must not consent to the carrying out of development on the land bounded by Jenkins Road, Pennant Hills Road and Moseley Street, Carlingford unless:

(a)  the floor space ratio of the development does not exceed the floor space ratio shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 20)—Sheet 3”, and

(b)  the building height of the development does not exceed the building height shown on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 20)—Sheet 2”.

(2)  In determining whether to grant development consent to development on the land shown distinctively edged on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 20)—Sheet 4”, the consent authority must consider whether provision has been made for the undergrounding of 132kV double circuit power lines in relation to that development.

cl 63: Ins 2011 (170), Sch 1 [2]. Am 2011 No 27, Sch 2.5.

Schedule 1 Heritage items

(Clause 5 (1))

Part 1 Archaeological sites

Castle Hill Road

Cumberland State Forest, Bellamy Quarry and Sawpit, Lots 1–7 and 15–17, DP 11133 and Lot 1, DP 343971, Lot 1, DP 338977, Lot 1, DP 337618, Nos 89–97 Castle Hill Road, West Pennant Hills (Regional)

Glenhaven Road

House ruins, Lot 151, DP 869424, Cattai Creek Conservation Area Reserve No 416, No 194Z Glenhaven Road, Kellyville (Local)

Halcrows Road

Private burial ground, Lot 3, DP 701464, No 660 Halcrows Road, Cattai (Local)

Loyalty Road

Quarry, Lot 9, DP 248626, Excelsior South Reserve No 45, 10Z Loyalty Road, North Rocks (Local)

Ruins of stone cottage, Lot 1, DP 228581, Excelsior South Reserve No 45, 10Z Loyalty Road, North Rocks (Local)

O’Briens Road

Ruins of Merrymount, Lot 13, DP 270416, No 74 O’Briens Road, Cattai (Regional)

Old Northern Road

Baulkham Hills Tramway Cutting, Lot 929, DP 752028, George Suttor Reserve No 84, No 9Z Old Northern Road, Baulkham Hills (Local)

Original section of road, Lot 131, DP 752039, Crown Reserve No 74422, Nos 3952–4006 Old Northern Road, Maroota (Regional)

Original section of road, in front of Lot 100, DP 650454, No 4132 Old Northern Road, Maroota (Regional)

Bypassed section of road, Lot 231, DP 752039, Crown Reserve R88205, Nos 4230–4254 Old Northern Road, Maroota (Regional)

Bypassed section of road, in front of Lot 238, DP 752039, No 4050 Old Northern Road, Maroota (Regional)

Old Northern Road, the road, between Dural and Wisemans Ferry (State)

Convict road station, Lot 4, DP 228881, Nos 5426–5514 Old Northern Road, Wisemans Ferry (State)

Two quarries, Lot 4, DP 228881, Old Northern Road, Wisemans Ferry (Regional)

Watering hole, part of road reserve adjacent to Lot 471, DP 827645, Old Northern Road, Wisemans Ferry (Regional)

Bridge and culvert, part of road reserve, near Lot 4, DP 228881, Old Northern Road, Wisemans Ferry (Local)

Old Pitt Town Road

Bypassed section of road, within road reserve in front of Lot 10A, DP 11104, Nos 162–170 Old Pitt Town Road, Box Hill (Local)

Old Windsor Road

Road, culvert and remnant post and rail fencing within the road reserve between Seven Hills Road and Windsor Road (State)

Pacific Park Road

Great drain and stone cut foundations, Lot 10, DP 752039, Stone Drain Reserve, No 274 Pacific Park Road, South Maroota (State)

Resolution Place

Queens Arms Inn site, Lot 1, DP 285955, No 1 Resolution Place, Rouse Hill (Regional)

River Road

Convict built road (Mr Sharps Track), Lots 26 and 64, DP 752025, Nos 2275 and 2277–2349 River Road, Leetsvale and Lot 11, DP 1052320, Nos 2391–2429 River Road, Wisemans Ferry (State)

Convict built road (Mr Sharps Track), Crown Road Reserve between Lot 990, DP 818576 and Lot 11, DP 1052320 (between Nos 2475–2483 and 2391–2429 River Road), Wisemans Ferry (State)

Convict built road (Mr Sharps Track), within Crown land, Parish of Cornelia, (DP 752025), Wisemans Ferry (State)

Speers Road

Retaining wall, Lot 171, DP 23173, Nos 23–27 Speers Road, North Rocks (Local)

Dam, Lot H, DP 438487, Speers Road Crown Reserve No 37, 19–21 Speers Road, North Rocks (Local)

Windsor Road

Stone bridge approaches and foundation plaque, Sydney Woollen Mills, Lot 1, DP 112482, No 1 Windsor Road, Northmead (Local)

Wisemans Ferry Road

Quarry site, Lot 31, DP 136837, “The Ridge” No 196 Wisemans Ferry Road, Cattai (Local)

Drainage trench and gate, Pt Lot 40, DP 752039, Nos 21 and 50 Wisemans Ferry Road, Cattai (Local)

Slab hut ruin and quarry site, Lot 35–37, DP 752039, and Pt Lot 38, DP 136838, No 76 Wisemans Ferry Road, Cattai (Local)

Old Caddie Homestead foundations and European dugout canoe, Lot 2, DP 605329, Nos 2–18 Wisemans Ferry Road, Cattai (Regional) (State)

Hope Farm Windmill (State), Hope Farm Mill Granary (Regional) and Stockmans Cottage foundations (Regional), Pt Lot 40, DP 752039, Wisemans Ferry Road

Cattai Horseworks, Lot 1, DP 605329, Cattai National Park, Nos 20–34 Wisemans Ferry Road, Cattai (Local)

Part 2 Buildings, trees and works

Aberdour Avenue

Rouse Hill Cemetery, Lot 50 and Pt Lot 51, DP 193021, Nos 10 and 12 Aberdour Avenue, Rouse Hill (Local)

Acres Road

House, Lot 44, DP 235228, No 29 Acres Road, Kellyville (Local)

Annangrove Road

House, Lot 1, DP 135820, No 37 Annangrove Road, Kenthurst (Local)

House, Lot 1, DP 229987, No 44 Annangrove Road, Kenthurst (Local)

House, Lot 2, DP 529043, No 221 Annangrove Road, Annangrove (Local)

House, Lot 3, DP 222080, No 288 Annangrove Road, Rouse Hill (Local)

Balintore Drive

House, Lot 7, DP 1093653, No 71 Balintore Drive, Castle Hill (Local)

Bettington Road

“Strathallen”, Lot 29, SP 46498, No 49 Bettington Road, Oatlands (Local)

Bevan Place

“Havilah”, stables, Lot 202, DP 803443, No 25 Bevan Place, Carlingford (Local)

“Havilah House”, Lot 3, DP 788924, No 29 Bevan Place, Carlingford (Local)

Blue Gum Road

House, Pt Lot 4, DP 236989, No 7 Blue Gum Road, Annangrove (Local)

Boundary Road

House, Pt Lot 106, DP 332184, Nos 489–491 Boundary Road, Maraylya (Local)

Broadwater Road

Felton Mathew Marked Tree, Lot 18, DP 752039, Broadwater Road, Glenorie (Regional)

Campbell Road

“Sunnycrest”, Lot 3, DP 586786, No 2 Campbell Road, Kenthurst (Local)

Caprera Road

“Caprera House”, Lot 21, DP 834190, No 653 Caprera Road, Northmead (Local)

Castle Hill Road

“Glenhope”, Lot 7, DP 1012463, No 113 Castle Hill Road, West Pennant Hills (State)

“Dunrath”, Lot 1, DP 220867, No 139 Castle Hill Road, West Pennant Hills (Local)

“Fairholme”, Lot 1, DP 135921, Lot 2, DP 135921 and Lot A DP 329990, No 157 Castle Hill Road, Castle Hill (Local)

Cattai Ridge Road

House, Lot 2, DP 1111805, No 41 Cattai Ridge Road, Glenorie (Local)

House, Lot 3, DP 624003, No 79 Cattai Ridge Road, Glenorie (Local)

“Abergeldie”, Lot 1, DP 540834, No 95 Cattai Ridge Road, Glenorie (Local)

House, Lot 1, DP 316917, No 124 Cattai Ridge Road, Glenorie (Local)

Chapel Hill Road

Uniting church and cemetery, Lot 1, DP 817086, No 520 Chapel Hill Road, Sackville North (Regional)

The Parsonage, uniting church and cemetery, Lot 3, DP 740110, No 560 Chapel Hill Road, Sackville North (Regional)

Clower Avenue

“Aberdoon”, house, Lot 1, DP 1016540, 39–41 Clower Avenue, Rouse Hill (Local)

Coonara Avenue

“Erambie Park”, Lot 2032, DP 862072, No 37 Coonara Avenue, West Pennant Hills (Local)

Cranstons Road

“Broadlands”, Lot 2, DP 624488, No 15 Cranstons Road, Middle Dural (Local)

House, Lot 1, DP 514642, No 45 Cranstons Road, Middle Dural (Local)

Cross Street

House, Lot 1, DP 213055, No 31 Cross Street, Baulkham Hills (Local)

Derriwong Road

Uniting Church Cemetery, Lot 1, DP 195296, No 14 Derriwong Road, Dural (Local)

Doris Hirst Place

“Pine Ridge”, Lot 1, DP 1037463, No 19 Doris Hirst Place, West Pennant Hills (Local)

Ellis Street

Cottage, Lot 22, DP 618939, No 15 Ellis Street, Oatlands (Local)

Englart Place

“Chelsea Farm”, Lot 9, DP 255911, Nos 8 and 10 Englart Place, Baulkham Hills (Regional)

Norfolk Pine Araucaria heterophylla, marking original location of driveway for Chelsea Farm, Lot 11, DP 255911, No 14 Englart Place, Baulkham Hills (Local)

Excelsior Avenue

“Bellerive”, Lot 1, DP 516491, Nos 164 and 166 Excelsior Avenue, Castle Hill (Local)

Francis Street

Castle Hill House, Lot 234, DP 1005876, Nos 6–10 Francis Street, Castle Hill (Local)

Fuggles Road

House, Lot 5, DP 534130, No 11 Fuggles Road, Kenthurst (Local)

Garemyn Road

House, Lot 1, DP 214398, No 12 Garemyn Road, Middle Dural (Local)

Garthowen Crescent

“Garthowen”, Lot 2, DP 533390, No 14 Garthowen Crescent, Castle Hill (Local)

Gilbert Road

Cemetery, Crown Reserve No 1000480, Lot 7007, DP 752020, Gilbert Road, Castle Hill (Local)

Gleeson Avenue

Bunya Pine Araucaria bidwillii, marking original driveway for Chelsea Farm, Lot 1, DP 244012, Tony Burn Reserve No 171, 13Z Gleeson Avenue, Baulkham Hills (Local)

Glenhaven Road

“Rosenfels”, Lot 1, DP 602286, No 23 Glenhaven Road, Glenhaven (Local)

Emmanuel Anglican Church, Lot 1, DP 1100022, No 31A Glenhaven Road, Glenhaven (Local)

Glenroy Place

“Glenroy”, cottage, Lot 1, DP 253879, No 1 Glenroy Place, Middle Dural (Local)

Greyfriar Place

“Mount Saint Francis”, Lot 5, DP 1040498, No 8 Greyfriar Place, Kellyville (Local)

Hafey Road

House and barn, Lot 4, DP 239886, No 1 Hafey Road, Kenthurst (Local)

Henry Street

“The Palms”, Lot 1, DP 23482, Henry Street, Baulkham Hills (Local)

“Yootha Park”, Lot 7, DP 221937, No 11 Henry Street, Baulkham Hills (Local)

Hession Road

House, Lot 21, DP 565883, No 11 Hession Road, Nelson (Local)

Hezlett Road

House, Lot 222, DP 207779, No 25 Hezlett Road, Kellyville (Local)

“Yalta”, house and immediate garden, Lot B, DP 374973, No 45 Hezlett Road, Kellyville (Local)

Hilton Place

Cottage, Lot 1, DP 260257, No 1 Hilton Place, Kenthurst (Local)

Jones Road

“Lavender Cottage”, Lot 3, DP 519461, No 45A Jones Road, Kenthurst (Local)

Kenthurst Road

Hill Top, Lot 1, DP 34815, No 31 Kenthurst Road, Dural (Local)

House, Lot 2, DP 1039194, Nos 54–56 Kenthurst Road, Kenthurst (Local)

House, Lot 43, DP 584117, No 70 Kenthurst Road, Kenthurst (Local)

Former St Madeleine Sophie Borat Catholic Church, Lot 2, DP 943767, No 114A Kenthurst Road, Kenthurst (Local)

Kenthurst Literary Institute, Lot 12, DP 758558, Nos 131–135 Kenthurst Road, Kenthurst (Local)

Langford Smith Close

House, Lot 1, DP 1039914, No 19 Langford Smith Close, Kellyville (Local)

Lawrence Road

House, Lot 1, DP 134911, No 1 Lawrence Road, Kenthurst (Local)

House, Lot 3, DP 549342, No 11 Lawrence Road, Kenthurst (Local)

Mackillop Drive

St Joseph’s Novitiate, Lot 2, DP 817696, No 64 Mackillop Drive, Baulkham Hills (Local)

Marie Street

Gilroy College, Lot 1, DP 1073292 and Lots 9, 10 and 47–51, DP 10049, Nos 19–37 Marie Street, Castle Hill (Local)

Marieba Road

House, Lot 63, DP 731202, No 2 Marieba Road, Kenthurst (Local)

Mary Street

House, Lot 63, DP 8884, No 20 Mary Street, Northmead (Local)

Mary Street

House, Lot 2, DP 591111, No 4 Mary Street, Northmead (Local)

House, Lot 63, DP 8884, No 20 Mary Street, Northmead (Local)

McLeod Road

“Cranston Cottage”, Lot 1, DP 244143, No 7 McLeod Road, Middle Dural (Local)

Melia Court

Gate and gateposts, Lot 2010, DP 879431, No 36 Melia Court, Castle Hill (Local)

Mount View Road

“Longstone House”, Lot 2, DP 538286, No 15 Mount View Road, Glenorie (Local)

Mud Island Road

“Kelso Park”, Lot 3, DP 804271, No 422 Mud Island Road, Sackville North (Regional)

Nelson Road

“Marklye”, Lot 2, DP 712726, No 18 Nelson Road, Box Hill (Local)

“Rosedale”, Lot 2, DP 565176, No 55 Nelson Road, Nelson (Regional)

House, Lot 1, DP 999853, No 61 Nelson Road, Nelson (Regional)

North Rocks Road

“Rockcliff”, Lot 7, DP 234271, No 224 North Rocks Road, North Rocks (Local)

“Fernleigh”, Lot 20, DP 600123, No 256 North Rocks Road, North Rocks (Local)

House and outbuilding, Lot 12, DP 542855, No 381 North Rocks Road, Carlingford (Local)

O’Briens Road

“Bungool” (Riverside Oaks), Lot 13, DP 270416, No 74 O’Briens Road, Cattai (Regional)

Old Castle Hill Road

House, Lot 1, DP 585257, No 108 Old Castle Hill Road, Castle Hill (Local)

Old Northern Road

“Creasy’s”, Lots 2 and 3, DP 1108855, Nos 11 and 13 Old Northern Road, Baulkham Hills (Local)

House, Lot 23, DP 739791, No 37–43 Old Northern Road, Baulkham Hills (Local)

House, Lot 2, DP 207936, No 60 Old Northern Road, Baulkham Hills (Local)

House, Lot B, DP 420528, No 67 Old Northern Road, Baulkham Hills (Local)

House, Lot 1, DP 1007799, No 77 Old Northern Road, Baulkham Hills (Local)

House, Lot 34, DP 129827, No 84 Old Northern Road, Baulkham Hills (Local)

House, Lot D, DP 370382, No 92 Old Northern Road, Baulkham Hills (Local)

House, Lot A, DP 333643, No 118 Old Northern Road, Baulkham Hills (Local)

House, Lot 84, DP 846106, No 121 Old Northern Road, Baulkham Hills (Local)

House, Lot 15, DP 845564, No 133 Old Northern Road, Baulkham Hills (Local)

House, Lot 14, DP 845564, No 135 Old Northern Road, Baulkham Hills (Local)

House, Lot 1, DP 562174, No 171 Old Northern Road, Castle Hill (Local)

Durham Park, Lot 8, DP 1014035, No 8/174 Old Northern Road, Castle Hill (Local)

House, Lot 1, DP 209652, No 182 Old Northern Road, Baulkham Hills (Local)

The Old Parsonage, Lot X, DP 418941, No 210 Old Northern Road, Castle Hill (Local)

Former St Paul’s Church, Lot 120, DP 817356, Nos 221–225 Old Northern Road, Castle Hill (State)

“Wansbrough House”, Lot 4, DP 533918, No 230 Old Northern Road, Castle Hill (Local)

St Paul’s Cemetery, Lot 11, DP 1053193, No 247 Old Northern Road, Castle Hill (Local)

Christadelphian Church, Lot 12, DP 1053191, No 245 Old Northern Road, Castle Hill (Local)

Castle Hill Public School, Lot 101, DP 1000798, Nos 264 and 266 Old Northern Road, Castle Hill (Local)

Former police station, Lot 101, DP 1000798, Nos 264 and 266 Old Northern Road, Castle Hill (Local)

House, Lot 11, DP 1075777, No 340 Old Northern Road, Castle Hill (Local)

House, Pt Lot 2, DP 568234, No 428 Old Northern Road, Glenhaven (Local)

“Allens House”, Lot 37, DP 715200, No 548 Old Northern Road, Round Corner, Dural (Local)

House, Lot 101, DP 713628, No 600A Old Northern Road, Dural (Local)

Dural Soldiers Memorial Hall, Lot 1, DP 656035, No 604 Old Northern Road, Dural (Local)

“The Pines”, Lot 11, DP 734457, Reserve No 555, No 656A Old Northern Road, Dural (Local)

“St Elmo”, Lot D, DP 164591, No 774 Old Northern Road, Dural (Local)

“Pinewood”, Lot 2, DP 416521, No 792 Old Northern Road, Middle Dural (Local)

“Carinya”, Lot 2, DP 225210, No 828 Old Northern Road, Middle Dural (Local)

House and barn, Lot 2, DP 231508, No 834 Old Northern Road, Middle Dural (Local)

McFarland Grave, 4 metres from centreline of Old Northern Road and 368 metres north of its intersection with Wisemans Ferry Road, Maroota (Local)

Residence and post office, Lot 1, DP 724948, No 5556 Old Northern Road, Wisemans Ferry (Local)

Cable ferry, Old Northern Road, Wisemans Ferry (Regional)

Old Post Office Road

“Rose Park”, Lot 152, DP 1019110, No 62 Old Post Office Road, Cattai (Local)

William Daley’s grave, Lot 152, DP 1019110, No 62 Old Post Office Road, Cattai (Local)

Owen Avenue

“Thornbury Lodge”, Lots 9 and 10, SP 53479 and common property SP 53479, Nos 9–13 Owen Avenue, Baulkham Hills (Local)

Pages Wharf Road

“Pagewood”, Lot 41, DP 1093516, No 165 Pages Wharf Road, Sackville North (Local)

Park Road

House, Lot 2, DP 228420, No 15 Park Road, Baulkham Hills (Local)

Pennant Hills Road

“Gowan Brae Group”, comprising “Gowan Brae House”, Kings School Chapel, gatehouse and fence, aviary, fountain, rotunda, “The Cedars”, grave, 19th century driveways and stables, iron palisade fence, and horseshoe bridge/dam and roadway, Lot 1, DP 59169, Lot A, DP 29288, Lot B, DP 329288, Lot A, DP 321595, Lot 2, DP 235857, Lot 1, DP 64765, Lot 1, DP 57491, Lot 1, DP 581960 and Lot 10, DP 812772 (Local)

House, Pt Lot 1, DP 19868, No 157 Pennant Hills Road, Carlingford (Local)

House, Lot 1, DP 1100015, No 159 Pennant Hills Road, Carlingford (Local)

“Stoneleigh”, Lot 3, DP 1096405, No 570 Pennant Hills Road, West Pennant Hills (Local)

Pitt Town Road

House, Lot 1, DP 242302, No 29 Pitt Town Road, Kenthurst (Local)

Fence, Lot 1, DP 549076, No 46 Pitt Town Road, Kenthurst (Local)

House, Lot 7, DP 507252, No 50 Pitt Town Road, Kenthurst (Local)

“Speedwell”, Lot 3, DP 586852, No 68 Pitt Town Road, Kenthurst (Local)

Cottage, Lot 1, DP 561074, No 78 Pitt Town Road, Kenthurst (Local)

House and barn, Lot 101, DP 598991, No 79 Pitt Town Road, Kenthurst (Local)

Porters Road

House, Lot 2, DP 550216, No 17 Porters Road, Kenthurst (Local)

House, Lot 2, DP 255779, No 40 Porters Road, Kenthurst (Local)

“Maranoa”, Lot 6, DP 585099, No 42A Porters Road, Kenthurst (Local)

House, Lot 301, DP 731027, No 75 Porters Road, Kenthurst (Local)

Pye Avenue

Pye’s Cottage, Lot 25, SP 64724, Nos 11–13 Pye Avenue, Northmead (Local)

River Road

Slab barn, Lot 2, DP 611810, No 276 River Road, Lower Portland (Local)

“Dargle”, Lot 1, DP 109718, No 296 River Road, Lower Portland (Regional)

Church, Lot 11, DP 818829, No 576 River Road, Lower Portland (Local)

“Peacocks”, Lot 12, DP 818829, No 578 River Road, Lower Portland (State)

House, Lot 2, DP 544316, Nos 827–829 River Road, Lower Portland (Local)

Brown’s Cemetery, Lot 2, DP 34182, No 875 River Road, Lower Portland (Local)

Rexford, Lot 1, DP 75366, No 1073 River Road, Lower Portland (Local)

Stone dairy and fig tree, Lot 8, DP 236370, No 1324 River Road, Lower Portland (Local)

“Berry Hill”, house, Lot 119, DP 752025, No 1832 River Road, Leets Vale (Local)

House, Lot 2, DP 230496, No 2449 River Road, Wisemans Ferry (Local)

House, Lot 2, DP 506468, No 3014 River Road, Wisemans Ferry (Local)

St Mary Magdalene Anglican Church, Pt Lot 37, DP 752025, No 3025 River Road, Wisemans Ferry (Local)

Police station and residence, Lot 36, DP 752025, No 3031 River Road, Wisemans Ferry (Local)

Cable ferry, Lower Portland, River Road, Lower Portland (Local)

Cable ferry, Webbs Creek, River Road, Wisemans Ferry (Local)

Sackville Ferry Road

Cemetery, Lot 7009, DP 93097, No 437 Sackville Ferry Road, Sackville North (Local)

Brewongle Environmental Education Centre, Pt Lot 1, DP 121420, Nos 720–728 Sackville Ferry Road, Sackville North (Local)

Cable ferry, Sackville Ferry Road, Sackville (Local)

Seven Hills Road

House, Lot 10, DP 858072, No 51 Seven Hills Road, Baulkham Hills (Local)

Pearce Family Graves, Lot 100, DP 707538, Seven Hills Road, Baulkham Hills (State)

Showground Road

House, Lot 1, DP 840031, Nos 30–34 Showground Road, Castle Hill (Local)

“Dogwoods”, Lot 202, DP 551843, No 74 Showground Road, Castle Hill (Local)

House, Lot 1, DP 578072, No 107 Showground Road, Castle Hill (Local)

House, Lot 406, DP 860609, Nos 128–132 Showground Road, Castle Hill (Local)

St Johns Road

Slab hut, Lot 31, DP 872356, No 52 St Johns Road, Maraylya (Local)

Stone Cottage Court

House, Lot 27, DP 270304, No 9 Stone Cottage Court, Castle Hill (Local)

Success Avenue

“Baden Farm”, Lot 503, DP 878047, No 6 Success Avenue, Kellyville (Local)

Terry Road

McCall Garden Colony, Lot 1, DP 27502, Nos 10–32 Terry Road, Box Hill (State)

Thallon Street

Carlingford Stock Feeds, Lot 1, DP 515583 and Lot 2, DP 503904, No 1 Thallon Street, Carlingford (Local)

The Water Lane

Former Hunting Lodge, Lot 174, DP 10157, No 58 The Water Lane, Rouse Hill (State)

Valerie Avenue

Joyce Farmhouse, Lots 36 and 46, DP 238502, Nos 15 and 15A Valerie Avenue, Baulkham Hills (Regional)

Windermere Avenue

Houses, Lot 15, SP 74805, Nos 3–5 Windermere Avenue, Northmead (Local)

House, Lot 371, DP 878936, No 10 Windermere Avenue, Northmead (Local)

House, Lot 33, DP 8884, No 18 Windermere Avenue, Northmead (Local)

Windsor Road

Avenue of trees leading to Castle Hill Country Club, Lot 12, DP 778671, RMB 49, Windsor Road, Baulkham Hills (Local)

House, Lot 9, DP 621494, Nos 9 and 11 Windsor Road, Kellyville (Local)

Kellyville Public School, Lot 1, DP 439294, Lot 1, DP 782320 and Lot 20, DP 206082, No 35A Windsor Road, Kellyville (Local)

“Buena Vista”, Lot 43, DP 847331, No 43 Windsor Road, Kellyville (Regional)

House, Lot 10, DP 1061802, Nos 115 Windsor Road, Northmead (Local)

House, Lot 1, DP 946630, No 119 Windsor Road, Northmead (Local)

House, Lot 1, DP 863720, No 145 Windsor Road, Northmead (Local)

“The Pines”, Lot 11, SP 50794, Nos 153 and 155 Windsor Road, Northmead (Local)

House, Lot 3, DP 14725, No 175 Windsor Road, Northmead (Local)

House, Lot 41, DP 841313, No 177 Windsor Road, Northmead (Local)

House, Lot 5, DP 8884, No 179 Windsor Road, Northmead (Local)

House, Lot 6, DP 8884, No 181 Windsor Road, Northmead (Local)

House, Lots 7 and 8, DP 8884, Nos 183 and 185 Windsor Road, Northmead, (Local)

House, Lot 109, DP 815682, Nos 187 and 189 Windsor Road, Northmead (Local)

House, Pt Lot 1, DP 500482, No 209 Windsor Road, Northmead (Local)

House, Lot 3, DP 843608, No 215 Windsor Road, Northmead (Local)

Windsor Road from Baulkham Hills to Box Hill (State)

House, Lot 8, SP 66335, No 227 Windsor Road, Northmead (Local)

House, Lot 1, DP 26848, No 243 Windsor Road, Northmead (Local)

House, Lot 1, DP 780848, No 245 Windsor Road, Northmead (Local)

Baulkham Hills Public School, Lot 1, DP 866897, No 257 Windsor Road, Baulkham Hills (Local)

Bull and Bush Hotel, Lot 2, DP 783941, Nos 360–378 Windsor Road, Baulkham Hills (Regional)

House, Lot 5, DP 31331, No 389A Windsor Road, Baulkham Hills (Local)

Norfolk Pine Araucaria heterophylla, marking original entrance to Chelsea Farm, Lot 6, DP 255472, No 468 Windsor Road, Baulkham Hills (Local)

Norfolk Pine Araucaria heterophylla, marking original entrance to Chelsea Farm, Lot 7, DP 255472, No 470 Windsor Road, Baulkham Hills (Regional)

St Michael’s Church, Lot 100, DP 711470, No 520 Windsor Road, Baulkham Hills (Local)

House, Lot 10, DP 615435, No 523 Windsor Road, Baulkham Hills (Local)

Alliance Church, Lot 21, DP 852062, No 524 Windsor Road, Baulkham Hills (Local)

Former Divine Word Mission, Lot 1003, DP 857115, Windsor Road, Kellyville (Local)

Christchurch, Lot 10, DP 1087432, Windsor Road, Rouse Hill (Local)

Bridge structures below Windsor Road at Second Ponds Creek, Rouse Hill (Regional)

Mungerie, Lot 1, DP 270520, Windsor Road, Rouse Hill (Local)

Royal Oak Inn, Lot 101, DP 1058862, Windsor Road, Rouse Hill (State)

Rouse Hill Public School, Lot 1, DP 521503, Lot 2, DP 241463 and Lot 100, DP 1044226, Windsor Road, Rouse Hill (Local)

Former inn, Lot 11, DP 1009338, Windsor Road (No 93–103 Boundary Road), Box Hill (State)

Wisemans Ferry Road

“Caddie House” (Regional), barn (Local), silo and outbuildings (Local), Lot 2, DP 605329, Nos 2–18 Wisemans Ferry Road, Cattai

“Hope Farm House” (Regional), “Hope Farm Cottage” (Local), outbuilding and mill ruins (Local), Pt Lot 40, DP 752039, No 50 Wisemans Ferry Road, Cattai

Slab hut, Lot 21, DP 843427, 69 Wisemans Ferry Road, Cattai (Local)

“Johnstons”, Pt Lot 38, DP 136838 and Lot 37, DP 752039, No 76 Wisemans Ferry Road, Cattai (Local)

“Montrose”, Lot 101, DP 807427, No 96 Wisemans Ferry Road, Cattai (Local)

“Terry Mount”, Lot 31, DP 136837, No 76 Wisemans Ferry Road, Cattai (Local)

“Stonehouse Grove”, Lot 12, DP 811777, 1365 Wisemans Ferry Road, Cattai (Local)

Withers Road

House and barn, Lot 1, DP 773411, No 9 Withers Road, Kellyville (Local)

“Lintbrae”, house, Lot 1, DP 540785, Withers Road, Kellyville (Local)

Private burial ground, Lot 202, DP 858563, William Harvey Reserve No 405, Withers Road, Rouse Hill (Local)

Part 3 Heritage conservation areas

Balcombe Heights Community Buildings Complex, Seven Hills Road, Baulkham Hills (Regional)

Bella Vista Homestead Complex, Old Windsor Road, Baulkham Hills (State)

Old Government Farm Site (Heritage Park), Banks Road, Castle Hill (State)

Burnside Homes, Pennant Hills Road, North Parramatta (State)

sch 1: Subst 2008 (633), Sch 1 [7]. Am 2009 No 56, Sch 2.1. Subst 2009 (365), Sch 1 [6]. Am 2009 No 106, Sch 2.1.

Schedule 2 Exempt development

(Clause 8)

Note—

A person may carry out an activity specified in this Schedule without getting a consent from the Council, if the person complies with the exemption criteria that applies to the activity (which includes the deemed-to-satisfy provisions of the Building Code of Australia). However, the activity must not contravene any condition of a development consent already applying to the land and adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities not specifically set out in this Schedule still apply.

Requirements relevant to this Schedule are contained in the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and the Swimming Pools Act 1992 etc.

The following are examples of relevant provisions contained in State Environmental Planning Policy (Infrastructure) 2007:

(a)  Schedule 1 of State Environmental Planning Policy (Infrastructure) 2007 provides that development for the purpose of certain identification, directional, community information or safety signs associated with the use of road infrastructure is exempt development,

(b)  Clause 29 (3) of State Environmental Planning Policy (Infrastructure) 2007 provides that development for the purpose of a portable one storey classroom may be carried out by any person without consent on land on which a school is located.

Access ramps for the disabled

(1)  Maximum height—1m above natural ground level.

(2)  Maximum grade—1:14 (vertical: horizontal).

(3)  Must comply with AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work.

(4)  Must be of structurally adequate construction.

Advertising signs—all signs

(1)  Must not be a moving or flashing sign or other device.

(2)  Must not be a roof-top sign.

(3)  Must not be an airborne sign or a blimp.

(4)  Must not be an A-frame board or sign.

(5)  Signs over public roads must be set back at least 600mm from the edge of the carriageway.

(6)  Sign must relate to the use of the building or land on which it is displayed.

Advertising signs—business identification signs where home activities, home businesses or home industries are allowed

(1)  Only one per premises.

(2)  Maximum area—0.72m².

(3)  Maximum height of freestanding sign—1.2m above natural ground level.

(4)  Must not be illuminated.

Advertising—public notice sign displayed by a public body giving information or directions about the services provided

(1)  Only one per 20m of street frontage, per premises.

(2)  Maximum area—3.5m².

(3)  If located on a fence, must not project more than 100mm from the fence.

Advertising—real estate signs (advertising premises/land for sale or rent) in areas zoned residential, rural or commercial

(1)  Only one per premises or street frontage, whichever is the greater.

(2)  Maximum area—2.5m².

(3)  Must be removed when the property is sold or leased.

(4)  If located on a fence, must not project more than 100mm from the fence.

Advertising—temporary signs for religious, cultural, political, social or recreational events

(1)  Only one per street frontage.

(2)  Maximum area (residential areas)—1.5m².

(3)  Maximum area (commercial and industrial areas)—3.5m².

(4)  Must not include commercial advertising apart from the name of any event sponsor.

(5)  Must not be displayed earlier than 28 days before the event and must be removed within 14 days after the event.

Aerials, antennae and microwave antennae (not including satellite dishes)

(1)  Maximum number of aerials or antennae—3.

(2)  Maximum height—6m.

(3)  Must be for domestic use only.

(4)  Must be of structurally adequate construction.

Air conditioning units for dwellings (attached to external wall or ground mounted)

(1)  Noise level must not exceed 5dB(A) above ambient background noise level measured at the property boundary.

(2)  Building work must not reduce the structural integrity of the building.

(3)  Any opening created must be adequately weatherproofed.

Awnings, canopies and storm blinds on dwellings

(1)  Maximum area—20m².

(2)  Maximum height—2.4m above natural ground level.

(3)  Must be located behind the building setback and must be at least 500mm from each property boundary.

(4)  Must be of structurally adequate construction.

Barbecues

(1)  Maximum area—2m².

(2)  Maximum chimney height—2m above natural ground level.

(3)  Must be located in rear yard or courtyard area.

(4)  If located behind a courtyard wall, chimney must not extend more than 200mm above the wall.

(5)  Must not be located adjoining a property boundary.

(6)  Must be of structurally adequate construction.

Bird aviaries

(1)  Maximum area—10m².

(2)  Maximum height—2.1m above natural ground level.

(3)  Must be constructed of non-reflective materials.

(4)  Must be located in rear yard.

(5)  Must be located at least 500mm from each property boundary.

(6)  Must be located at least 9m from any dwelling on each adjoining property.

(7)  Must be for domestic purposes only.

(8)  Must be of structurally adequate construction.

Cabanas, gazebos and greenhouses

(1)  Maximum area—10m².

(2)  Maximum height—2.4m above natural ground level.

(3)  Must not be used for habitable purposes.

(4)  Stormwater runoff must be connected to existing stormwater system.

(5)  Must be constructed of non-reflective materials.

(6)  Must be located in rear yard.

(7)  Must be located at least 500mm from each property boundary.

(8)  Must be of structurally adequate construction.

(9)  Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Car ports

(1)  Maximum area—20m².

(2)  Maximum height—2.4m above natural ground level.

(3)  Must be located behind the building setback.

(4)  Must be at least 500mm from the side and rear property boundaries.

(5)  Stormwater runoff must be connected to existing stormwater system.

(6)  Must be of structurally adequate construction.

Clothes hoists and clothes lines

Must be installed in accordance with manufacturer’s specifications.

Cubbyhouses

(1)  Maximum height—2.1m above natural ground level.

(2)  Maximum area—10m².

(3)  Must be installed in accordance with manufacturer’s specifications.

(4)  Must comply with the following:

(a)  AS 1924.1—1981, Playground equipment for parks, schools and domestic use, Part 1: General requirements,

(b)  AS 1924.2—1981, Playground equipment for parks, schools and domestic use, Part 2: Design and construction—Safety aspects,

(c)  AS/NZS 4486.1:1997, Playgrounds and playground equipment, Part 1: Development, installation, inspection, maintenance and operation.

(5)  Structure must be at least 1.2m from a pool safety fence measured in accordance with AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

(6)  Must be of structurally adequate construction.

Decks (unroofed and attached to dwellings that are not located in areas identified by the Council as bush fire prone)

(1)  Maximum area—10m².

(2)  Finished surface level must not be greater than 1m above existing ground level.

(3)  Boundary setbacks for existing dwelling must be maintained.

(4)  Must be of structurally adequate construction.

(5)  Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Demolition

(1)  May only be carried out if erection of the structure is exempt development under this Plan.

(2)  Demolition must be carried out in accordance with AS 2601—2001, Demolition of structures.

Fences—all fences

Must be constructed so that they do not prevent the natural flow of stormwater drainage or run off.

Fences—boundary fences

(1)  Maximum height for side fences between the building line and street or any other public place, and front fences—1m above natural ground level.

(2)  Maximum height for side fences between the building line and the rear boundary, and for rear boundary fences—1.8m above natural ground level.

(3)  Must be constructed of timber, metal or lightweight materials.

Fences—electric fences in rural zones

Must be erected in accordance with AS/NZS 3014:2003, Electrical installations—Electric fences.

Fences—masonry or brick fences

Maximum height—1m above natural ground level.

Fences—security fences around Council-owned compounds and depots

Must be constructed of chain wire type fencing.

Flagpoles—in commercial or industrial zones

(1)  Does not include a flagpole used for the display of corporate flags.

(2)  Maximum height—9m above natural ground level.

(3)  Must be installed in accordance with manufacturer’s specifications.

(4)  If flagpole is to project over a public road, must be installed in accordance with the requirements of the Local Government (General) Regulation 2005.

(5)  Must be of structurally adequate construction.

Flagpoles—in residential zones

(1)  Maximum height—6m above natural ground level.

(2)  Must be installed in accordance with manufacturer’s specifications.

(3)  If flagpole is to project over a public road, must be installed in accordance with the requirements of the Local Government (General) Regulation 2005.

(4)  Must be of structurally adequate construction.

Fowl houses (for the keeping of chickens, hens and roosters) in rural zones

(1)  Maximum area—50m².

(2)  Maximum height—3m above natural ground level.

(3)  Must be structurally adequate.

(4)  Only one per property.

(5)  Must be constructed of non-reflective materials.

(6)  Must include provision for adequate drainage.

(7)  Must be located at least 9m from any dwelling.

(8)  Must be of structurally adequate construction.

Fuel tanks used in conjunction with agricultural activities on properties in excess of 2 hectares in rural zones

(1)  Maximum size—5,000 litres.

(2)  Must be constructed of prefabricated metal.

(3)  Must be freestanding.

(4)  Must be erected in accordance with manufacturer’s specifications.

(5)  Must comply with AS 1940—2004, The storage and handling of flammable and combustible liquids.

(6)  Must not be erected within 20m of the street boundary or within 4m of a side or rear boundary.

(7)  Must not encroach on any registered easements.

(8)  Must meet any applicable requirements in respect of clearance from overhead power lines.

Garden sheds

(1)  Maximum floor area—10m².

(2)  Maximum height—2.1m above natural ground level.

(3)  Must be constructed of prefabricated material.

(4)  Must be freestanding.

(5)  Must be erected in accordance with manufacturer’s specifications.

(6)  Must be located in the rear yard of premises.

(7)  Must be constructed of non-reflective materials.

(8)  Must be of structurally adequate construction.

Horse stables and animal shelters in rural zones

(1)  Maximum number of horses or animals—4.

(2)  Maximum size—50m².

(3)  Maximum height—3m above natural ground level.

(4)  Must be constructed of cut or round timber or of metal.

(5)  Any cladding must have a low reflective finish and must be fixed in accordance with manufacturer’s specifications.

(6)  Must not be erected within 20m of a road boundary or 10m from the side or rear boundaries.

(7)  Must not encroach on any registered easement.

(8)  Must be erected in accordance with the requirements of the Local Government (General) Regulation 2005.

(9)  Must be of structurally adequate construction.

Landscaping

Must only be landscaping works carried out in conjunction with other exempt development.

Letter boxes (free standing or in “banks”)

(1)  Maximum height—1.2m above natural ground level.

(2)  Must be sufficient boxes to provide one for each occupancy.

(3)  Must have appropriate numbering for each box.

(4)  Must be structurally stable with adequate footings.

Minor alterations—commercial premises

(1)  Internal:

(a)  Must only be non-structural work, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building.

(b)  Floor area must not exceed 20m².

(c)  Must not compromise fire safety or affect accessibility to a fire exit.

(d)  Must not change the configuration of rooms whether by removal of walls or other means of structural support.

(e)  If alterations relate to a food premises, must be carried out in accordance with the requirements of the Food Standards Code under the Food Act 2003.

(2)  External:

(a)  Must only be changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work.

(b)  Must not be the enlargement or extension of the building or work.

Minor alterations—residential premises

(1)  Internal:

(a)  Must only be replacement of doors, wall, ceiling or floor linings, or deteriorated frame members with equivalent or improved quality materials, and renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes.

(b)  Must only be alterations or renovations to previously completed buildings.

(c)  Must not cause reduced window arrangements for light and ventilation needs, cause reduced doorways for egress purposes or involve enclosure of open areas.

(2)  External:

(a)  Must only be changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work.

(b)  Must not be the enlargement or extension of the building or work.

Patios at ground level abutting a dwelling

(1)  Stormwater from patio surface must not be redirected into adjoining property.

(2)  Must have sufficient step down to prevent the entry of water into the dwelling.

(3)  Must be of structurally adequate construction.

(4)  Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Pergolas

(1)  Maximum area—20m².

(2)  Maximum height—2.4m above natural ground level.

(3)  Must maintain boundary setbacks required for the associated dwelling with a minimum of 900mm from a boundary.

(4)  Must be of structurally adequate construction.

(5)  Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Playground equipment (excluding cubbyhouses)

(1)  Residential use:

(a)  Maximum height—2.1m above natural ground level.

(b)  Maximum ground coverage—10m².

(c)  Must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

(2)  Non-residential use:

(a)  Maximum height—2.1m above natural ground level.

(b)  Maximum ground coverage—10m².

(c)  Must have adequate safety arrangements, including soft landing surfaces.

(d)  Must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

Privacy screens

(1)  Maximum height—2.4m above natural ground level.

(2)  Maximum length—10m.

(3)  Must be installed in rear yard.

(4)  Must be constructed of translucent materials.

(5)  Must be free-standing and not attached to boundary fence without adjoining property owner’s consent.

(6)  Must be of structurally adequate construction.

Re-cladding of roofs or walls or repair and maintenance of damaged materials

(1)  Must only involve replacing existing materials with similar materials that are compatible with the existing building and finish.

(2)  If re-cladding, must not involve structural alterations or change to the external configuration of a building.

(3)  If work involves asbestos, is not in a workplace and has a value of not more than $12,000—if undertaken in accordance with Working With Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by WorkCover Authority.

(4)  Work involving lead paint removal must not cause lead contamination of air or ground.

Retaining walls

(1)  Maximum height of 0.6m above natural ground level for retaining filling and maximum 1m below natural ground level for excavation.

(2)  Masonry walls must comply with the following:

(a)  AS 3700—2001, Masonry structures,

(b)  AS 3600—2001, Concrete structures,

(c)  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,

(d)  AS/NZS 1170.2:2002, Structural design actions, Part 2: Wind actions.

(3)  Timber walls must comply with the following:

(a)  AS 1720.1—1997, Timber structures, Part 1: Design methods,

(b)  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,

(c)  AS/NZS 1170.2:2002, Structural design actions, Part 2: Wind actions.

(4)  Must be constructed so that the walls do not prevent the natural flow of stormwater drainage or run-off.

Sail awnings

(1)  Maximum area—20m².

(2)  Must be located behind the building line.

(3)  Must be attached to an external wall of a dwelling.

(4)  Must be installed in accordance with manufacturer’s specifications.

Satellite dishes

Must meet the standards specified under clause 116 of State Environmental Planning Policy (Infrastructure) 2007.

Sheds for or in conjunction with agricultural activities in Zones 1 (a), 1 (b), 1 (c) or 1 (d)

(1)  Maximum size—50m².

(2)  Maximum height—5m above natural ground level.

(3)  Must be constructed of non-reflective materials.

(4)  Must be constructed of prefabricated metal.

(5)  Roof water must not be discharged onto adjoining properties and must be directed to a water tank or 3m clear of any structure.

(6)  Must not be erected within 20m of a boundary adjoining a road or within 10m of rear and side boundaries.

(7)  Must not encroach into any registered easement.

(8)  Must be located clear of septic disposal area or other services.

(9)  Must not be erected within 20m of a dwelling on an adjoining property.

(10)  Must not be a machinery or hay shed unrelated to the normal agricultural activities on the property.

(11)  Must be of structurally adequate construction.

Skylight and roof windows

(1)  Maximum area of skylight—2m².

(2)  Must be located at least 900mm from each property boundary or a wall separating attached dwellings.

(3)  Building work must not reduce the structural integrity of the building or involve structural alterations.

(4)  Any opening created by the installation must be adequately weatherproofed.

(5)  Must be installed in accordance with manufacturer’s specifications.

Solar water heaters and solar panels

Must meet the standards specified under clause 39 of State Environmental Planning Policy (Infrastructure) 2007.

Stockyards and shelters in conjunction with normal agricultural activities on the property (excluding commercial or intensive uses) in rural zones

(1)  Maximum yard area—0.5 hectare.

(2)  Maximum height—2.7m above natural ground level.

(3)  Must be of structurally adequate construction.

(4)  Must be constructed of timber or metal.

(5)  Must not be erected within 20m of the street boundary or within 4m of a side or rear boundary.

(6)  Must not be erected within 50m of a watercourse, a dwelling on an adjoining property or any registered easement.

(7)  Must be used in association with normal agricultural activities on the property.

(8)  Must be of structurally adequate construction.

Water features and ponds

(1)  Maximum water depth—300mm.

(2)  Maximum area—10m².

(3)  Overflow must not cause a nuisance to adjoining properties.

Water heaters (excluding solar systems)

(1)  Includes replacements or new installations.

(2)  Work must not reduce the structural integrity of the building or involve structural alterations.

(3)  Must be installed by a licensed tradesperson.

Water tanks at or above ground level in rural areas

(1)  Includes up to 2 tanks per dwelling and up to 2 tanks associated with farm buildings not near a dwelling.

(2)  Maximum capacity of 10,000 litres, or in the case of a tank installed on a lot used for an educational establishment, 25,000 litres.

(3)  Maximum height—3.0m above natural ground level (including stand).

(4)  Must be located at least 450mm from each property boundary.

(5)  Must not be situated closer to a street than an associated dwelling.

(6)  Must comply with the installation and maintenance specifications of the manufacturer or designer or the public authority that has responsibility for the supply of water to the premises on which the tank is installed.

(7)  Must be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the construction of a rainwater tank.

(8)  The installation of the tank must not involve the excavation of more than 1m from the existing ground level, or the filling of more than 1m above the existing ground level.

(9)  Must be designed to capture and store only roof water from gutters or downpipes on a building.

(10)  A sign must be affixed to the tank clearly stating that the water in the tank is rainwater.

(11)  Any overflow from the tank must be directed into an existing stormwater system.

Water tanks at or above ground level in urban areas

(1)  Only one per premises.

(2)  Maximum storage capacity of 10,000 litres, or in the case of a tank installed on a lot used for an educational establishment, 25,000 litres.

(3)  Maximum height—3m above natural ground level (including stand).

(4)  Must be located at least 450mm from each property boundary.

(5)  Must not be situated closer to a street than an associated dwelling.

(6)  Must comply with the installation and maintenance specifications of the manufacturer, designer or the public authority that has responsibility for the supply of water to the premises on which the tank is installed.

(7)  Must be designed to capture and store only roof water from gutters or downpipes on a building.

(8)  Tank must be maintained to prevent mosquito breeding or overflow.

(9)  A sign must be affixed to the tank clearly stating that the water in the tank is rainwater.

(10)  Any overflow from the tank must be directed into an existing stormwater system.

(11)  Any pump used in conjunction with the water tank must not create an offensive noise.

Windmills in rural zones

(1)  Must not encroach on any registered easement.

(2)  Must be freestanding.

(3)  Must be installed in accordance with the manufacturer’s specifications.

(4)  Must be constructed in accordance with engineer’s certification for the structure and footings.

(5)  Must meet any applicable requirements in respect of clearance from overhead power lines.

Windows, glazed areas and external doors (excluding windows in buildings listed as heritage items or in a conservation area)

(1)  Replacement in residential premises must be with materials that comply with:

(a)  AS 1288—1994, Glass in buildings—Selection and installation, and

(b)  AS/NZS 2208:1996, Safety glazing materials in buildings.

(2)  Must not reduce the area provided for light and ventilation.

(3)  Structural support members must not be removed.

(4)  If for commercial or industrial premises, the reflectivity index must not exceed 20%.

(5)  Must meet any requirements in respect of clearance from power lines.

sch 2: Subst 2008 (633), Sch 1 [8]. Am 2009 (365), Sch 1 [7].

Schedule 3 Development prohibited in certain zones

(Table to clause 13)

Development for the purpose of:

airline terminals

amusement parks

animal boarding, breeding and training establishments

bulky goods premises

bus depots

bus stations

car repair stations

caravan parks

clubs

commercial premises

extractive industries

generating works

guest houses

helipads

heliports

hospitals

hotels

industries (other than home activities)

institutions

intensive lot feeding of livestock

junk yards

landscape supply establishments

light industries

liquid fuel depots

mines

motels

motor showrooms

motor vehicle servicing

offensive or hazardous industries

pig keeping

poultry farming

reception establishments

recreation facilities

research establishments

restaurants

retail plant nurseries

roadside stalls

road transport terminals

rural industries

rural workers’ dwellings

sawmills

service stations

shop-top housing

shops

stock and sale yards

tourist facilities

transport terminals

veterinary establishments

warehouses

waste disposal

wholesale plant nurseries

sch 3: Am 2006 (622), Sch 1 [4].

Schedule 4 Shops allowed in certain zones

(Table to Clause 13)

Chemists’ shops

Financial services

Hairdressing salons

Industrial real estate brokerages

Liquor stores

Medical practitioners’ surgeries

Milk bars and sandwich shops

Newsagencies

Schedule 5 Classification and reclassification of public land as operational land

(Clause 54)

Part 1 Interests not changed

Column 1	Column 2
Locality	Description
Baulkham Hills
13Z Seven Hills Road	Part of Lot 1, DP 1041547, as shown coloured light scarlet, edged red and lettered “2 (a1)” on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 12)”.
Kellyville
Cattai Creek Conservation Area Reserve No 416, Glenhaven Road	Proposed Lot 2 in subdivision of Lot 151, DP 869424, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 14)”

Part 2 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Kellyville
92 Wrights Road	Part of Lot 70, DP 1125269, as shown coloured light blue and edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 13)”.	Nil

sch 5: Am 2008 (48), Sch 1 [2]; 2008 (303), Sch 1 [2]; 2008 (633), Sch 1 [9].

Schedule 6 Additional development on certain land

(Clause 56)

Column 1	Column 2	Column 3
Lot 14, DP 21212	Development for the purpose of a real estate office, garage/storage area and staff amenities	The floor area must not exceed the following: (a)  real estate office—148m2, (b)  garage/storage area—50m2, (c)  staff amenities—17m2.
Lot 16, DP 21212	Development for the purpose of a kitchen showroom and garage/storage area	The floor area must not exceed the following: (a)  kitchen showroom—80m2, (b)  garage/storage area—28m2.
Lot 17, DP 21212	Development for the purpose of a real estate office, garage/storage area and staff amenities	The floor area must not exceed the following: (a)  real estate office—125m2, (b)  garage/storage area—40m2, (c)  staff amenities—8m2.
Lot 13, DP 135351, No 46 Windsor Road, Kellyville	Development for the purpose of an insurance and financial services office	The floor area of the insurance and financial services office must not exceed 85m2.
Lot 1, DP 1063774, No 2 Schwebel Lane, Glenorie	Development for the purpose of a concrete batching plant	The total annual production of concrete and concrete products must not exceed 20,000 tonnes.
Lot 15, DP 21212, No 42 Windsor Road, Kellyville	Development for the purpose of a real estate office and garage area	The floor area must not exceed the following: (a)  real estate office—116m2, (b)  garage area—23.25m2.
Lot 1, DP 135728, Windsor Road, Box Hill, and part of Lot 1, DP 784714, Windsor Road, Box Hill, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 76)”	Development for the purpose of a service station building containing areas for sales and amenities, an office and a convenience store	The total area occupied by the convenience store and amenities must not exceed 200m2. The service station may have a maximum of six fuel bowsers.
Part of Lot 4, DP 616348, Old Northern Road, Glenorie, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 100)”.	Renovation and redevelopment of existing service station only for the purpose of a service station.
Lot 6, DP 232975, Lot 16, DP 806095, Lot 109, DP 793840 and part of Lot 2, DP 567579, Seven Hills Road, Baulkham Hills and Lot 17, DP 806095, Bass Drive, Baulkham Hills, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 3)”	Development for the purpose of a retail plant nursery, including an office, display, staff amenities, storage and parking	The floor area of the nursery buildings used for retail, display, office, storage and staff amenities must not exceed 1,650m2.
Lot 6012, DP 1098937, Elizabeth Macarthur Drive, Bella Vista	Development for the purpose of shops	The total gross floor area of the shops must not exceed 3,890m2.
Lots 3 and 4, DP 270592, Circa Boulevard, Bella Vista	Development for the purpose of neighbourhood shops	The retail floor area of each neighbourhood shop must not exceed 100m2 and must be located on the ground floor of commercial premises. The total gross floor area of the neighbourhood shops must not exceed 1,000m2.

sch 6: Am 2006 (409), cl 4; 2007 (523), Sch 1 [2]; 2009 (365), Sch 1 [8]; 2011 (285), cl 4 (2).