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Contents (2011 - 702)
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Cessnock Local Environmental Plan 2011
Current version for 7 February 2020 to date (accessed 5 April 2020 at 17:12)
Part 7
Part 7 Additional local provisions
7.1   Acid sulfate soils
(1)  The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2)  Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
Class of land
Works
1
Any works.
2
Works below the natural ground surface.
Works by which the watertable is likely to be lowered.
3
Works more than 1 metre below the natural ground surface.
Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface.
4
Works more than 2 metres below the natural ground surface.
Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface.
5
Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land.
(3)  Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4)  Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a)  a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b)  the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5)  Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a)  emergency work, being the repair or replacement of the works of the public authority required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b)  routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c)  minor work, being work that costs less than $20,000 (other than drainage work).
(6)  Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a)  the works involve the disturbance of less than 1 tonne of soil, and
(b)  the works are not likely to lower the watertable.
7.2   Earthworks
(1)  The objectives of this clause are as follows—
(a)  to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)  to allow earthworks of a minor nature without requiring a separate development consent.
(2)  Development for the purposes of earthworks may be carried out only with development consent unless—
(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or
(b)  the earthworks are ancillary to other development for which development consent has been given.
(3)  Before granting development consent for earthworks, the consent authority must consider the following matters—
(a)  the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality of the development,
(b)  the effect of the proposed development on the likely future use or redevelopment of the land,
(c)  the quality of the fill or the soil to be excavated, or both,
(d)  the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)  the source of any fill material and the destination of any excavated material,
(f)  the likelihood of disturbing relics,
(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,
(h)  any measures proposed to minimise or mitigate the impacts referred to in paragraph (g).
Note.
 The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
7.3   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,
(c)  to avoid significant adverse impacts on flood behaviour and the environment.
(2)  This clause applies to land at or below the flood planning level.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—
(a)  is compatible with the flood hazard of the land, and
(b)  is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(c)  incorporates appropriate measures to manage risk to life from flood, and
(d)  is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and
(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0), published in 2005 by the NSW Government, unless it is otherwise defined in this clause.
(5)  In this clause, flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.
7.4   Airspace operations
(1)  The objectives of this clause are as follows—
(a)  to provide for the effective and ongoing operation of the Cessnock Airport by ensuring that such operation is not compromised by proposed development that penetrates the Limitation or Operations Surface for that airport,
(b)  to protect the community from undue risk from that operation.
(2)  If a development application is received and the consent authority is satisfied that the proposed development will penetrate the Limitation or Operations Surface, the consent authority must not grant development consent unless it has consulted with the relevant Commonwealth body about the application.
(3)  The consent authority may grant development consent for the development if the relevant Commonwealth body advises that—
(a)  the development will penetrate the Limitation or Operations Surface but it has no objection to its construction, or
(b)  the development will not penetrate the Limitation or Operations Surface.
(4)  The consent authority must not grant development consent for the development if the relevant Commonwealth body advises that the development will penetrate the Limitation or Operations Surface and should not be constructed.
(5)  In this clause—
Limitation or Operations Surface means the Obstacle Limitation Surface or the Procedures for Air Navigation Services Operations Surface as shown on the Obstacle Limitation Surface Map or the Procedures for Air Navigation Services Operations Surface Map for the Cessnock Airport.
relevant Commonwealth body means the body, under Commonwealth legislation, that is responsible for development approvals for development that penetrates the Limitation or Operations Surface for the Cessnock Airport.
7.5   Development in areas subject to airport noise
(1)  This clause applies to development that is on land near an air transport facility with an aircraft noise exposure forecast (ANEF) level of 20 ANEF or greater and that the consent authority considers is likely to be adversely affected by aircraft noise.
(2)  Before determining a development application for development to which this clause applies, the consent authority—
(a)  must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)  must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, Acoustics—Aircraft noise intrusion—building siting and construction, and
(c)  must be satisfied that the development will meet AS 2021—2000, Acoustics—Aircraft noise intrusion—building siting and construction with respect to interior noise levels for the purposes of—
(i)  if the ANEF contour is 20 or greater—educational establishments, centre-based child care facility, hospitals or residential accommodation, places of public worship, theatres, cinema, libraries or court house development, and
(ii)  if the ANEF contour is 25 or greater—hotel, motel or hostel accommodation, or business premises, office premises or retail premises development.
(3)  In this clause—
ANEF contour means a noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Map for that airport prepared by the Department of the Commonwealth responsible for airports.
7.6   Tourist and visitor accommodation in certain rural and environmental zones
(1)  This clause applies to land in the following zones—
(a)  Zone RU2 Rural Landscape,
(b)  Zone RU4 Primary Production Small Lots,
(c)  Zone E2 Environmental Conservation, but only if the land is also identified as “Bow Wow Creek Gorge Catchment and Habitat Corridor” on the Habitat Corridors Map.
(2)  Development consent must not be granted for development on land to which this clause applies for the purposes of tourist and visitor accommodation unless the lot on which the development is to be carried out has an area of at least 10 hectares.
(3)  Development consent must not be granted for development on land referred to in subclause (1)(a) or (c) unless a dwelling house is permitted to be erected on the land under clause 4.2A(3).
7.7   Subdivision of land at Lovedale Road, Keinbah
(1)  This clause applies to land at Lovedale Road, Keinbah, being Lot 3, DP 250551.
(2)  Despite clause 4.1(3), development consent may be granted for the subdivision of land to which this clause applies, but only if—
(a)  the land will be subdivided into 2 lots, and
(b)  one of the lots to be created is not more than 2 hectares, and
(c)  a dwelling house will be erected on that lot.
7.8   Strata title subdivision of land at Lovedale
(1)  This clause applies to part of Lot 2, DP 1073823 at Wine Country Road, Lovedale, as identified on the Additional Permitted Uses Map.
(2)  Despite clause 4.2B(3), development consent may be granted for the strata title subdivision of land to which this clause applies for the purposes of tourist and visitor accommodation to create lots of any size.
7.9   Strata or community title subdivision of land at Pokolbin
(1)  This clause applies to part of Lots 8 and 21, DP 270105, known as Cypress Lakes Resort, at Thompsons Road, Pokolbin, as identified on the Additional Permitted Uses Map.
(2)  Despite clauses 4.1AA(3) and 4.2B(3), development consent may be granted for the strata title or community title subdivision of land to which this clause applies for the purposes of tourist and visitor accommodation to create lots of any size.
7.10   Certain land at Camp Road, Greta and Lovedale Road, Allandale
(1)  This clause applies to land being Lots 1–6, DP 1036942 and Lots 263 and 264, DP 755211 at 324 and 325 Camp Road, Greta, and 996 Lovedale Road, Allandale, as shown edged heavy black, shaded pink and identified as “Former Army and Migrant Camp” on the Additional Permitted Uses Map.
(2)  Development consent must not be granted to any development on the land to which this clause applies if the granting of that consent would result in the total number of dwellings on that land exceeding 1364.
(3)  This clause does not prescribe a development standard that may be varied under this Plan.
7.11   Integrated tourist development at Wine Country Drive, Pokolbin
(1)  This clause applies to land at Wine Country Drive, Pokolbin, being Lots 2–4, DP 869651 and Lot 11, DP 1187663.
(2)  Development consent must not be granted to any development on land to which this clause applies unless—
(a)  the consent authority is satisfied that the development is integrated tourist development, and
(b)  the total number of permanent residential dwellings on that land does not exceed 300, and
(c)  the total number of serviced apartments and hotel or motel accommodation units used for the purposes of tourist and visitor accommodation on that land does not exceed 300, and
(d)  the total number of permanent residential dwellings does not exceed the total number of serviced apartments and hotel or motel accommodation units on that land used for the purposes of tourist and visitor accommodation at any time.
(3)  In this clause—
integrated tourist development means development carried out on a single parcel of land for the purposes of major tourist facilities that include an 18-hole golf course.
7.11A   Integrated tourist development at Wine Country Drive, Palmers Lane and McDonalds Road, Rothbury
(1)  This clause applies to the following land—
(a)  Lot 2411, DP 1060722, McDonalds Road, Rothbury,
(b)  Lot D, DP 182933, Palmers Lane, Rothbury,
(c)  Lot 106, DP 1038043, Lots 1–48 and 50–103, DP 270293, Lots 1–23 and 25–30, DP 270292, Lots 1–38 and 40–48, DP 270295, Lots 1–44 and 46–60, DP 270343, Lots 1–39, 42–67 and 69–86, DP 270372, Lots 1–10, DP 270384, Lots 1–3, DP 270340, Lots 1–11, DP 270479, SP 76654, Lots 1–24, DP 270459, Lots 1–4, DP 270636, Lots 1–17, DP 270688, Lots 1–10, DP 270721, Lots 1–38, DP 270929, Lots 1601, 1603 and 1605, DP 1142579, Lots 1503, 1504 and 1506, DP 1110274, Lot 2151, DP 1185744, Lot 12, DP 1187633, Lot 2202, DP 1167247, Lot 12, DP 1187663, Lots 1901–1904, DP 1202101 and Lots 21–23, DP 1044459, Wine Country Drive, Rothbury.
(2)  Development consent must not be granted to any development on land to which this clause applies unless—
(a)  the consent authority is satisfied that the development is integrated tourist development, and
(b)  the total number of dwellings on the land does not exceed 1,022, and
(c)  the total number of serviced apartments and hotel or motel accommodation units used for the purposes of tourist and visitor accommodation on that land does not exceed 995, and
(d)  the total number of residential lots or dwellings does not exceed 822 until at least 344 serviced apartments and hotel or motel accommodation units on the land have been issued with occupation certificates, and
(e)  the total gross floor area of shops on the land, not including neighbourhood shops, will not exceed 1,000 square metres.
(3)  In this clause—
integrated tourist development means development that is predominantly tourist and visitor accommodation and tourist facilities in combination with other uses permissible on the land.
7.11B   Food and drink premises at Aberdare Road, Aberdare
(1)  This clause applies to Lot 3, Sec 50, DP 758002, being land at 49B Aberdare Road, Aberdare.
(2)  Development consent must not be granted for development for the purposes of food and drink premises on the land to which this clause applies unless the consent authority is satisfied that the gross floor area of each of the individual food and drink premises on that land will not exceed 150 square metres.
7.12   Interim land uses
(1)  This clause applies to land identified as “Huntlee New Town Site” on the Urban Release Area Map.
(2)  Despite any other provision of this Plan, development on land in Zone R1 General Residential, Zone R2 Low Density Residential or Zone B4 Mixed Use on the land to which this clause applies for a purpose specified in subclause (3) is permitted with development consent if—
(a)  the development is for a specified interim period, and
(b)  the development will not adversely affect the use of the land for permissible development in accordance with this Plan at the end of the specified interim period, and
(c)  the development will not adversely affect the use of other land in the same locality for permissible development in accordance with this Plan.
(3)  Development specified for the purposes of this clause is any one or more of the following—
(a)  extensive agriculture,
(b)  extractive industries,
(c)  forestry,
(d)  intensive plant agriculture,
(e)  mining,
(f)  waste or resource management facilities.
7.13   Dual occupancies on land in Zone RU2
(1)  The objective of this clause is to preserve the rural character of the area.
(2)  Development consent must not be granted to development for the purpose of dual occupancies on land in Zone RU2 Rural Landscape unless the consent authority is satisfied that—
(a)  the dwellings are designed and sited to give the appearance of being a single development, and
(b)  the dwellings will use shared facilities such as a common driveway, fire breaks and essential services, and
(c)  any ancillary buildings and structures will be situated within close proximity to the dwellings, and
(d)  the dwellings are designed and sited to avoid significant adverse environmental impacts, and
(e)  the dwellings are designed and sited to avoid significant adverse impacts on the agricultural potential and capability of the land.
7.14   Essential services
(1)  This clause applies to land in Zone RU2 Rural Landscape.
(2)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage,
(d)  stormwater drainage or on-site conservation,
(e)  suitable vehicular access.
7.15   Groundwater vulnerability
(1)  The objectives of this clause are as follows—
(a)  to maintain the hydrological functions of key groundwater systems,
(b)  to protect vulnerable groundwater resources from depletion and contamination as a result of development.
(2)  This clause applies to land in Zone RU2 Rural Landscape.
(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following—
(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),
(b)  any adverse impacts the development may have on groundwater dependent ecosystems,
(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),
(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.
(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—
(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or
(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or
(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.
7.16   Subdivision of land at Black Hill Road, Black Hill
(1)  This clause applies to land at Black Hill Road, Black Hill, being part of Lot 1131, DP 1057179 and part of Lot 119, DP 1154904, that is in Zone E4 Environmental Living.
(2)  Despite clause 4.1(3), development consent may be granted for the subdivision of land to which this clause applies, but only if—
(a)  the land will be subdivided into no more than 4 lots, and
(b)  no more than 1 dwelling house will be erected on each lot.