Armidale Dumaresq Local Environmental Plan 2008 (NSW)
This Plan is Armidale Dumaresq Local Environmental Plan 2008.
The aims of this Plan are:
(a) to provide a single local environmental plan for Armidale Dumaresq, and
(b) to facilitate stimulation of demand for a range of residential, enterprise and employment opportunities, and
(c) to ensure that development is sensitive to both the economic and social needs of the community, and
(d) to provide a choice of living opportunities and types of settlements, and
(e) to encourage the proper management, development and conservation of resources in Armidale Dumaresq by protecting, enhancing and conserving:
(i) land of significance to agricultural production, and
(ii) timber, minerals, soils, water and other natural resources, and
(iii) areas of high scenic or recreational value, and
(iv) native plants and animals, and
(v) places and buildings of heritage significance, and
(f) to ensure that development has regard to the principles of ecologically sustainable development.
This Plan applies to all land in the local government area of Armidale Dumaresq.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
The Environmental Planning and Assessment Model Provisions 1980, except clauses 4, 7, 8, 15, 16, 19 (in its application to car repair stations), 28, 29, 31, 32 and 34, are adopted for the purposes of this Plan.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a development 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.
This clause does not apply:
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
For the purposes of this Plan, land to which this Plan applies is in a zone specified below if the land is shown on the map in the manner specified below in relation to that zone:
Zone | Description |
No 1 (a) General Rural | coloured light brown and lettered 1 (a) |
No 1 (b) Rural Living | coloured light brown and lettered 1 (b) |
No 1 (c) Rural Fringe | coloured light brown and lettered 1 (c) |
No 1 (d) Urban Fringe | coloured light brown and lettered 1 (d) |
No 1 (f) Forestry | coloured light brown and lettered 1 (f) |
No 2 (a) Residential | coloured light scarlet and lettered 2 (a) |
No 2 (b) Low Density Residential | coloured dark scarlet and lettered 2 (b) |
No 2 (c) Future Residential | coloured dark scarlet and lettered 2 (c) |
No 2 (v) Village | coloured light scarlet and lettered 2 (v) |
No 3 (a) General Business | coloured light blue and lettered 3 (a) |
No 4 (a) Industrial | coloured dark purple and lettered 4 (a) |
No 4 (b) Industrial (Highway) | coloured dark purple and lettered 4 (b) |
No 5 (a) Special Uses | coloured yellow with red “use” notation and lettered 5 (a) |
No 5 (b) Special Uses (Railway) | coloured blue-purple and lettered 5 (b) |
No 5 (c) Special Uses (Controlled Access Road) | coloured yellow and lettered 5 (c) |
No 6 (a) Open Space (Public) | coloured green and lettered 6 (a) |
No 6 (b) Open Space (Private) | coloured light green and lettered 6 (b) |
No 7 (a) Environment Protection (Prime Scenic) | coloured orange and lettered 7 (a) |
No 7 (b) Environment Protection (Support Scenic) | coloured light orange and lettered 7 (b) |
No 7 (c) Environment Protection (Rural Scenic) | coloured orange and lettered 7 (c) |
No 8 (a) National Parks and Nature Reserves | coloured dark green and lettered 8 (a) |
No 9 (a) Reservations | coloured light green and lettered 9 (a) |
No 10 (a) Enterprise | coloured light purple and lettered 10 (a) |
The objective of this clause is to provide flexibility if the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is:
(a) 20 metres for:
(i) Zone No 1 (d) Urban Fringe,
(ii) Zone No 2 (a) Residential,
(iii) Zone No 2 (b) Low Density Residential,
(iv) Zone No 2 (c) Future Residential,
(v) Zone No 2 (v) Village,
(vi) Zone No 3 (a) General Business,
(vii) Zone No 4 (a) Industrial,
(viii) Zone No 4 (b) Industrial (Highway),
(ix) Zone No 5 (a) Special Uses
(x) Zone No 5 (b) Special Uses (Railway),
(xi) Zone No 6 (b) Open Space (Private),
(xii) Zone No 9 (a) Reservations,
(xiii) Zone No 10 (a) Enterprise, or
(b) 100 metres for:
(i) Zone No 1 (a) General Rural,
(ii) Zone No 1 (b) Rural Living,
(iii) Zone No 1 (c) Rural Fringe,
(iv) Zone No 1 (f) Forestry.
This clause does not apply to:
(a) land in Zone No 5 (c), 6 (a), 7 (a), 7 (b), 7 (c) or 8 (a), or
(b) land proposed to be developed for the purpose of restricted premises or sex services premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
This clause does not prescribe a development standard that may be varied under this Plan.
Development meeting the criteria for exempt development in Armidale Dumaresq Development Control Plan 2007, as in force on the commencement of this Plan, being development of minimal environmental impact, is exempt development for the purposes of the Act.
Local development that complies with the standards and any other requirements specified for complying development in Armidale Dumaresq Development Control Plan 2007, as in force on the commencement of this Plan, is complying development for the purposes of the Act.
The objectives and development controls for each zone are set out in clauses 14–36 of this Plan.
The objectives for each zone are set out under the heading “Zone objectives” appearing in the clause relating to the zone.
Except as otherwise provided by this Plan, in relation to land in a zone specified in clauses 14–36 of this Plan, the development (if any) that:
(a) may be carried out without development consent, or
(b) may be carried out only with development consent, or
(c) is prohibited,
is specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the clause relating to the zone.
In clauses 14–36, a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing.
The development controls that are specific to development on land in each zone are set out in the clause relating to the zone.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land in the zone.
The objectives for development in this zone are:
(a) to encourage sustainable primary industries now and into the future, and
(b) to prevent the fragmentation of agricultural land, and
(c) to avoid land use conflict, and
(d) to allow for non-agricultural uses that will not restrict the use of other rural land in the locality for agricultural purposes, and
(e) to protect natural ecological systems and processes.
Construction camps; dams; forestry; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Boarding houses; bulky goods premises; car parking stations; commercial premises; group of neighbourhood shops; hazardous industries; hazardous storage establishments; integrated housing; multi dwelling housing; offensive industries; offensive storage establishments; restricted premises; sex services premises; shops (other than neighbourhood shops); vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouses or distribution centres
A reference in subclauses (7), (8) and (10) to the area of a lot does not include the area of an access corridor for a hatchet shaped lot.
In this clause,
(a) was a holding on 14 June 1985, and
(b) has the same configuration as it had on 14 June 1985 at the time of lodging a development application for the erection of a dwelling house under this clause,
whether or not there has been a change in the ownership of the holding since 14 June 1985.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision will have:
(i) an area of at least 200 hectares, and
(ii) a ratio of depth to frontage satisfactory to the consent authority, having regard to the purpose for which the lot is used, or is intended to be used, and
(iii) if the lot will have a frontage to an arterial road, a frontage to that road of at least 400 metres.
(c) Consent may be granted to subdivide land in this zone so as to create a lot with an area of less than 200 hectares, but not less than 2 hectares, if the consent authority is satisfied that:
(i) the lot is intended to be used for intensive agriculture and is of a size capable of being used for that purpose, and
(ii) creation of the lot will not adversely affect the agricultural viability or potential of the residue of the land subdivided and the residue is capable of economically supporting an agricultural use of a type common in the locality, and
(iii) the proposed use to which the lot will be put is economically viable, having regard to the size and layout of the lot, and
(iv) an adequate water supply is available, or can be made available, to the proposed lot, and is of a suitable capacity for the proposed use, and
(v) adequate all-weather vehicular access is available, or can be made available, to the lot, and
(vi) the proposed use will not adversely affect the amenity of the land surrounding the proposed lots, and
(vii) if the lot will have a frontage to an arterial road, the frontage to that road will be at least 200 metres.
(d) Consent may be granted to subdivide land in this zone so as to create a lot with an area of less than 200 hectares if the consent authority is satisfied that:
(i) the lot is intended to be used for a purpose (other than agriculture or a dwelling house) for which it may be used without or with development consent, and
(ii) the ratio of depth to frontage of the lot is satisfactory having regard to the purpose for which the lot is intended to be used, and
(iii) if the lot will have a frontage to an arterial road, the frontage to that road will be at least 200 metres.
(e) Despite the other provisions of this clause, the consent authority may grant consent to subdivide land for the purpose of transferring land to an adjoining landowner if the subdivision will not result in the creation of any additional lots.
(f) In considering whether to grant consent under paragraph (e), the consent authority must take into consideration the effect of the subdivision on the agricultural use or potential agricultural use of the land.
(a) Except as provided by this clause, consent may not be granted to erect a dwelling house.
(b) Consent may be granted for a dwelling house to be erected on a lot in this zone if:
(i) the lot has an area of at least 200 hectares, or
(ii) the lot is a lot referred to in subclause (7) (c) and the consent authority is satisfied that the dwelling house will be ancillary or subsidiary to the present or intended development or use of the land for the purpose of agriculture.
(c) Consent may be granted, for an application lodged with the consent authority before 15 February 2013, for the erection of a dwelling house on land in this zone if the land comprises the whole of an existing holding (or such an existing holding affected only by a subdivision made on or after 14 June 1985 for the purposes referred to in clause 6 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development) that is less than 200 hectares and on which no dwelling house is erected and the consent authority is satisfied that:
(i) there will be adequate vehicular access to the dwelling house, and
(ii) the erection of the dwelling house will not create or increase ribbon development along a main or arterial road, and
(iii) adequate utility services are or will be available to the existing holding.
(d) Consent may also be granted, for an application lodged with the consent authority before 15 February 2013, for the erection of a dwelling house on land in this zone if the land is a lot lawfully created before 31 July 1992 being a lot on which a dwelling house could have been erected under Dumaresq Local Environmental Plan No 1, 2, 3, 4, 5 or 6.
Consent may be granted to erect a dwelling house on a lot in this zone on which there is an existing dwelling house only if the proposed dwelling house will wholly replace the existing dwelling house.
Consent may be granted to the erection of an additional dwelling on land in this zone only if:
(a) the development comprises the alteration of an existing dwelling house to create 2 dwellings, or
(b) the additional dwelling will be separate to the existing dwelling house on the land and the following are satisfied:
(i) the land has an area of at least 40 hectares and will be consolidated into one lot,
(ii) the additional dwelling is located on the same land as the existing dwelling house and the additional dwelling will not be capable of being excised by way of transfer of a new or existing title,
(iii) the dwellings share a common access to a public road, if practicable.
Consent must not be granted to development for the purposes of an industry unless the consent authority is satisfied that:
(a) the development could not reasonably be located in Zone No 4 (a), 4 (b) or 10 (a) because of its proximity to other development or other specific requirements related to the development, and
(b) adequate utility services are, or can be made, available to the proposed development, and
(c) the development will not adversely affect the amenity of land in the locality.
(a) If land in this zone has a frontage of 40 metres or more to an arterial road, the minimum setback, being the distance between any building to be erected on the land and the nearest alignment of the road, is:
(i) 45 metres for a motel, or
(ii) 30 metres for a building for an industry, or
(iii) 18 metres for any building other than a motel or for an industry.
(b) If land in this zone has a frontage of less than 40 metres to an arterial road, the minimum setback, being the distance between any building to be erected on the land and the nearest alignment of the road, is:
(i) 65 metres for a motel, or
(ii) 50 metres for a building for an industry, or
(iii) 38 metres for any building other than a motel or for an industry.
(c) Despite paragraphs (a) and (b), a person may, with consent, erect a building for a purpose incidental to the use of land for agriculture within a lesser setback than that set out in those paragraphs if, in the opinion of the consent authority, the erection of the building will not:
(i) cause a traffic hazard, or
(ii) create or tend to create ribbon development along the arterial road to which the site has frontage.
Consent must not be granted to erect a hotel, motel or caravan park on land in this zone if the land has a frontage of less than 200 metres to a main or an arterial road.
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot has a frontage to an arterial road, or
(b) the lot is less than 800 metres from another neighbourhood shop or a shop, or
(c) the retail floor area of a building on the lot is greater than 150 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised.
The objectives for development in this zone are:
(a) to allow dwellings to be constructed on the land subject to the land’s capability, and
(b) to protect the amenity of existing residents by ensuring future land uses are compatible with residential living areas, and
(c) to ensure that buildings do not detract from the scenic landscape quality of the area, and
(d) to protect and improve the water quality of receiving streams, and
(e) to encourage the preservation and enhancement of native vegetation, including habitat linkages, and
(f) to minimise the potential for land use conflict by discouraging development that is incompatible with existing development on adjoining land or other land in the locality, to the extent that proposed development is likely to adversely affect existing residential amenity or the viability of existing activities or works being carried out.
Construction camps; dams; forestry; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; boarding houses; bulky goods premises; commercial premises; hazardous industries; hazardous storage establishments; high technology industries; highway service centres; hotels; industries (other than home industries or rural industries); integrated housing; landing areas; light industries (other than home industries or rural industries); motels; multi dwelling housing; offensive industries; offensive storage establishments; restricted premises; road transport terminals; sex services premises; shops (other than neighbourhood shops); stock and saleyards; vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouses or distribution centres; waste depots; waste disposal facilities
Consent must not be granted to carry out development on land in this zone unless the consent authority is satisfied that:
(a) the development is in keeping with the existing character of the locality, and
(b) the development, including dwelling houses, will not adversely affect the use of the adjoining land, and
(c) adequate and suitable services, including water supply, effluent disposal and access are, or can be made, available to the development.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent must not be granted to subdivide land in this zone if:
(i) a lot to be created will be 200 hectares or more and have a frontage to an arterial road of less than 400 metres, or
(ii) a lot to be created will be less than 200 hectares and have a frontage to an arterial road of less than 200 metres.
(c) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision will have an area of at least 40 hectares.
(d) Consent may be granted to subdivide land in this zone so as to create a lot with an area of less than 40 hectares, but not less than 2 hectares, if the consent authority is satisfied that:
(i) the lot is intended to be used for intensive agriculture and is of a size capable of being used for that purpose, and
(ii) creation of the lot will not adversely affect the agricultural viability or potential of the residue of the land subdivided and the residue is capable of economically supporting an agricultural use of a type common in the locality, and
(iii) the proposed use to which the lot will be put is economically viable, having regard to the size and layout of the lot, and
(iv) an adequate water supply is available, or can be made available, to the proposed lot and is of a suitable capacity for the proposed use, and
(v) adequate all-weather vehicular access is available, or can be made available, to the lot, and
(vi) the proposed use will not adversely affect the amenity of the land surrounding the proposed lots, and
(vii) if the lot will have a frontage to an arterial road, the frontage to that road will be at least 200 metres.
(e) Despite the other provisions of this clause, the consent authority may grant consent to subdivide land for the purpose of transferring land to an adjoining landowner if the subdivision will not result in the creation of any additional lots.
(f) In considering whether to grant consent under paragraph (e), the consent authority must take into consideration the effect of the subdivision on the agricultural use or potential agricultural use of the land.
(a) Except as provided by this clause, consent may not be granted to erect a dwelling house.
(b) Consent may be granted for a dwelling house to be erected on land in this zone if:
(i) the land is a lot that has an area of at least 40 hectares, or
(ii) the land is a lot lawfully created before the commencement of this Plan in accordance with clause 11 of Dumaresq Local Environmental Plan No 1, as amended, or Dumaresq Local Environmental Plan No 3, 5 or 17, or
(iii) the land is a lot referred to in subclause 6 (d) and the consent authority is satisfied that the dwelling house is ancillary or subsidiary to the present or intended development or use of the lot for the purpose of agriculture, or
(iv) the land is a holding with the same configuration as it had on 1 July 2004.
(c) Consent may be granted, for an application lodged with the consent authority before 15 February 2013, for the erection of a dwelling house on land in this zone if the land comprises the whole of an existing holding (or such an existing holding affected only by a subdivision made on or after 14 June 1985 for the purposes referred to in clause 6 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development) that is less than 40 hectares and on which no dwelling house is erected and the consent authority is satisfied that:
(i) there will be adequate vehicular access to the dwelling house, and
(ii) the erection of the dwelling house will not create or increase ribbon development along a main or arterial road, and
(iii) adequate utility services are or will be available to the existing holding.
(d) Consent may also be granted, for an application lodged with the consent authority before 15 February 2013, for the erection of a dwelling house on land in this zone if the land is a lot lawfully created before 31 July 1992 being a lot on which a dwelling house could have been erected under Dumaresq Local Environmental Plan No 1, 2, 3, 4, 5 or 6.
(e) Consent may be granted for the erection of a dwelling house on land in this zone if the land is a lot that:
(i) was created before 1 July 2004, and
(ii) is located between the Main Northern Railway Line and Long Swamp Road and is shown with orange diagonal hatching on the map.
(f) In this subclause,
existing holding means a holding that:(a) was a holding on 14 June 1985, and
(b) has the same configuration as it had on 14 June 1985 at the time of lodging a development application for the erection of a dwelling house under this subclause,
whether or not there has been a change in the ownership of the holding since 14 June 1985.
Consent may be granted to the erection of a dwelling house on a lot on which there is an existing dwelling house only if the proposed dwelling house will wholly replace the existing dwelling house.
Consent may be granted to the erection of an additional dwelling on land in this zone only if:
(a) the development comprises the alteration of an existing dwelling house to create 2 dwellings, or
(b) if the additional dwelling will be separate to the existing dwelling house on the land and the following are satisfied:
(i) the land has an area of at least 40 hectares and will be consolidated into one lot,
(ii) the additional dwelling is located on the same parcel of land as the existing dwelling house and the additional dwelling will not be capable of being excised by way of transfer of a new or existing title,
(iii) the dwellings share a common access to a public road, if practicable.
(a) If land in this zone has a frontage of 40 metres or more to an arterial road, the minimum setback, being the distance between any building to be erected on the land and the nearest alignment of the road, is:
(i) 45 metres for a motel, or
(ii) 30 metres for a building for an industry, or
(iii) 18 metres for any building other than a motel or for an industry.
(b) If land in this zone has a frontage of less than 40 metres to an arterial road, the minimum setback, being the distance between any building to be erected on the land and the nearest alignment of the road, is:
(i) 65 metres for a motel, or
(ii) 50 metres for a building for an industry, or
(iii) 38 metres for any building other than a motel or for an industry.
(c) Despite paragraphs (a) and (b), a person may, with consent, erect a building for a purpose incidental to the use of the land for agriculture within a lesser setback than that set out in those paragraphs if, in the opinion of the consent authority:
(i) the levels, depths or other exceptional physical conditions of the site make it necessary or expedient to do so, and
(ii) the erection of the building will not cause a traffic hazard, or create, or tend to create, ribbon development along the main or arterial road to which the site has frontage.
Consent must not be granted to carry out development for the purpose of a caravan park on land in this zone if the land has a frontage of less than 200 metres to a main or an arterial road.
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot has a frontage to an arterial road, or
(b) the lot is less than 800 metres from another neighbourhood shop or a shop, or
(c) the retail floor area of a building on the lot is greater than 150 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised.
Despite any other provision of this Plan, subdivision for the purpose of erecting a dwelling house on land comprising Lots 1, 192, 494, 554, 555 and 767, DP 66672 and Lot 2, DP 569410 is prohibited.
Despite any other provision of this Plan, consent may be granted for land identified in Column 1 of the following table, to be used for the development specified in Column 2, subject to any conditions detailed in Column 3:
Column 1 | Column 2 | Column 3 |
Land | Development | Conditions |
11087–11097 New England Highway and 4 Link Road, Armidale being Lot 23, DP 1060819 and Lot 20, DP 829599. | Development for the purposes of a vehicle showroom, vehicle body repair workshop, vehicle repair station, shop and commercial premises. | Development is ancillary to a transport museum on the land and is for the display, sale or repair of Veteran, Vintage or Classic motor vehicles only. Veteran motor vehicle refers to any motor vehicle built up to and including 1918, Vintage motor vehicle refers to any motor vehicle built between January 1919 and December 1930, and Classic motor vehicle refers to any motor vehicle that is 25 years or older. |
11132 New England Highway, Armidale being Lot 1, DP 200277. | Development for the purpose of a bus depot. | The development does not service, repair or garage more than 3 buses. |
49–57 Inces Road, Armidale being Lot 3, DP 240862. | Development for the purpose of a dwelling house. |
The objectives for development in this zone are:
(a) to allow subdivision of the land subject to the land’s capability, and
(b) to protect the amenity of existing residents by ensuring that future land uses are compatible with residential living areas, and
(c) to ensure that buildings do not detract from the scenic landscape quality of the area, and
(d) to protect and improve the water quality of receiving streams, and
(e) to encourage the preservation and enhancement of native vegetation, including habitat linkages, and
(f) to minimise land use conflicts by discouraging intensive agricultural pursuits.
Construction camps; dams; forestry; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; airline terminals; airports; bulky goods premises; car parking stations; commercial premises; entertainment facilities; extractive industries; general advertising; generating works; hazardous industries; hazardous storage establishments; helipads; heliports; highway service centres; hotels; industries (other than home industries or rural industries); institutions; integrated housing; intensive livestock agriculture; intensive plant agriculture; light industries (other than home industries); liquid fuel depots; materials recycling facilities; mines; multi dwelling housing; offensive industries; offensive storage establishments; passenger transport terminals; recreation vehicle areas; restricted premises; road transport terminals; sawmills; sex services premises; shops (other than neighbourhood shops); stock and sale yards; transport depots; vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouse or distribution centres; waste depots; waste disposal facilities
Consent must not be granted to carry out development on land in this zone unless the consent authority is satisfied that:
(a) the development is in keeping with the existing character of the locality, and
(b) the development, including dwelling houses, will not adversely affect the use of the adjoining land, and
(c) adequate and suitable services including water supply, effluent disposal and access are, or can be made, available to the development.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision will have an area of at least 40 hectares.
(c) Consent may be granted to subdivide land in this zone so as to create a lot with an area of less than 40 hectares if:
(i) the lot to be created by the subdivision is, or will be, connected to a reticulated water supply, and
(ii) if the lot is not connected to a reticulated sewerage system, the area of the lot is at least 2 hectares, or, if the lot is to be connected to a reticulated sewerage system, the area of the lot is at least 1 hectare.
(d) Before granting consent under paragraph (c), the consent authority must be satisfied that:
(i) soil erosion and sedimentation is controlled, and
(ii) the disposal of effluent will not result in the contamination of soil or groundwater, and
(iii) the density of the proposed development is consistent with the land capability, and
(iv) access to the lot created is not by direct access to an arterial road, and
(v) the development will not lead to conflict with agricultural operations on surrounding land, and
(vi) Aboriginal heritage values associated with the land are not adversely affected by the proposed development, and
(vii) if the land is contaminated as a result of past or present land uses, it is suitable or can be remediated to accepted standards for the proposed development.
(e) Despite the other provisions of this clause, the consent authority may grant consent to subdivide land for the purpose of transferring land to an adjoining landowner if the subdivision will not result in the creation of any additional lots.
(f) In considering whether to grant consent under paragraph (e), the consent authority must take into consideration the effect of the subdivision on the agricultural use or potential agricultural use of the land.
(a) Except as provided by this clause, consent may not be granted to erect a dwelling house.
(b) Consent may be granted for a dwelling house to be erected on vacant land in this zone if:
(i) the land is a holding with an area of at least 40 hectares, or
(ii) the land is a holding with the same configuration as it had on 1 July 2004, or
(iii) the land is a lot created in accordance with subclause (6) (c), or
(iv) the land is a lot lawfully created before the commencement of this Plan in accordance with clause 11 of Dumaresq Local Environmental Plan No 1, as amended or Dumaresq Local Environmental Plan No 3 or 17.
(c) Consent may be granted, for an application lodged with the consent authority before 15 February 2013, for the erection of a dwelling house on land in this zone if the land comprises the whole of an existing holding (or such an existing holding affected only by a subdivision made on or after 14 June 1985 for the purposes referred to in clause 6 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development) that is less than 40 hectares and on which no dwelling house is erected and the consent authority is satisfied that:
(i) there will be adequate vehicular access to the dwelling house, and
(ii) the erection of the dwelling house will not create or increase ribbon development along a main or arterial road, and
(iii) adequate utility services are or will be available to the existing holding.
(d) Consent may also be granted, for an application lodged with the consent authority before 15 February 2013, for the erection of a dwelling house on land in this zone if the land is a lot lawfully created before 31 July 1992 being a lot on which a dwelling house could have been erected under Dumaresq Local Environmental Plan No 1, 2, 3, 4, 5 or 6.
(e) In this subclause:
existing holding means a holding that:(a) was a holding on 14 June 1985, and
(b) has the same configuration as it had on 14 June 1985 at the time of lodging a development application for the erection of a dwelling house under this subclause,
whether or not there has been a change in the ownership of the holding since 14 June 1985.
vacant land means land on which no dwelling is erected.
Consent may be granted to the erection of a dwelling house on a lot on which there is an existing dwelling house only if the proposed dwelling house will wholly replace the existing dwelling house.
Consent may be granted to the erection of an additional dwelling on land in this zone only if:
(a) the development comprises the alteration of an existing dwelling house to create 2 dwellings, or
(b) if the additional dwelling will be separate to the existing dwelling house on the land and the following are satisfied:
(i) the land has an area of at least 40 hectares and will be consolidated into one lot,
(ii) the additional dwelling is located on the same parcel of land as the existing dwelling house and the additional dwelling will not be capable of being excised by way of transfer of a new or existing title,
(iii) the dwellings share a common access to a public road, if practicable.
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot has a frontage to an arterial road, or
(b) the lot is less than 800 metres from another neighbourhood shop or a shop, or
(c) the retail floor area of a building on the lot is greater than 150 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised.
Despite any other provision of this Plan, consent may be granted for land identified in Column 1 of the following table, to be used for the development specified in Column 2, subject to any conditions detailed in Column 3:
Column 1 | Column 2 | Column 3 |
Land | Development | Conditions |
Uralla Road and Kurrawatha Avenue, Armidale, being Lots 640, 641, 642, 643, 661, 662 and 663, DP 755808 and Lot 1, DP 129672. | Development for the purpose of erecting a dwelling house on each lot. |
The objectives for development in this zone are:
(a) to provide for appropriate agricultural activities in proximity to the urban area of Armidale, and
(b) to contribute to the rural setting of Armidale, and
(c) to avoid land use conflict between urban development and agricultural uses, and
(d) to allow for non-agricultural uses such as recreation areas that will not restrict the use of other rural land in the locality for agricultural purposes, and
(e) to protect natural ecological systems and processes.
Dams; forestry; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Airports; boarding houses; bulky goods premises; car parking stations; commercial premises; group of neighbourhood shops; hazardous industries; hazardous storage establishments; heliports; industries (other than rural industries); institutions; integrated housing; landing areas; multi dwelling housing; offensive industries; offensive storage establishments; restricted premises; sex services premises; shops (other than neighbourhood shops); vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouse or distribution centres
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent may be granted to subdivide land in this zone for the purpose of agriculture or a dwelling house if each lot to be created by the subdivision will have an area of at least 5 hectares.
(c) Consent may be granted to subdivide land in this zone so as to create a lot for a purpose other than agriculture or a dwelling, if the consent authority is satisfied that:
(i) the proposed use to which the lot will be put is environmentally sustainable and economically viable, having regard to the size and layout of the lot, and
(ii) adequate services are available, or can be made available, to the lot to satisfy the demand of the proposed use, and
(iii) adequate all-weather vehicular access is available, or can be made available, to the lot, and
(iv) the proposed use will not adversely affect the existing or potential capability of land in the locality to produce food or fibre, and
(v) no other land in the locality could reasonably be used for that purpose.
(d) Despite the other provisions of this clause, the consent authority may grant consent to subdivide land for the purpose of transferring land to an adjoining landowner if the subdivision will not result in the creation of any additional lots.
(e) In considering whether to grant consent under paragraph (d), the consent authority must take into consideration the effect of the subdivision on the agricultural use or potential agricultural use of the land.
Consent may be granted for dual occupancy on a lot in this zone only if:
(a) in the case of a lot that cannot be subdivided in accordance with this Plan, the dwellings comprise an attached dual occupancy, or in the case of a detached dual occupancy, the lot has an area of at least 10 hectares, and
(b) the lot can be connected to the sewer or the consent authority is satisfied that the lot is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic sewage and waste water.
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot has a frontage to an arterial road, or
(b) the lot is less than 800 metres from another neighbourhood shop or a shop, or
(c) the retail floor area of a building on the lot is greater than 150 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised.
The objective of this zone is to provide for forestry uses and other compatible uses in State forests.
Dams; forestry; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Ancillary dwellings; depots; energy generating facilities; extractive industries; generating works; institutions; intensive plant agriculture; mines; recreation areas; recreation facilities; rural industries; sawmills; telecommunications facilities; tourist facilities
Development not included in subclause (2) or (3)
The objectives for development in this zone are:
(a) to allow for diversity and choice of housing types and locations, appropriate to the zone and other essential needs of all households, and
(b) to encourage the development of predominantly residential areas, and
(c) to provide an environment where people can live and work in home businesses and professional services while maintaining the residential amenity of the surrounding area, and
(d) to enable retail development that is compatible with the predominantly residential characteristics of this zone and which serve the local neighbourhood, and
(e) to enable development of land in this zone that is appropriate to the surrounding residential area where the scale, height, type, operation and traffic-generating characteristics of the development are compatible with the character and amenity of the surrounding residential area and with existing or proposed development nearby.
Dams; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; airports; animal boarding, breeding or training establishments; aquaculture; bulky goods premises; bulk stores; car parking stations; commercial premises; depots; entertainment facilities; extractive industries; general advertising; generating works; hazardous industries; hazardous storage establishments; helipads; heliports; highway service centres; hotels; industries (other than home industries); institutions; intensive livestock agriculture; intensive plant agriculture; light industries (other than home industries); liquid fuel depots; materials recycling facilities; mines; offensive industries; offensive storage establishments; passenger transport terminals; places of public entertainment; professional consulting offices (other than livestock breed society headquarters); recreation vehicle areas; restaurants; restricted premises; road transport terminals; sawmills; service stations; sex services premises; shops (other than neighbourhood shops); stock and saleyards; take away food outlets; tourist facilities; transport depots; vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouse or distribution centres; waste depots; waste disposal facilities
A reference in subclauses (6), (7) and (8) to the area of a lot does not include the area of an access corridor for a hatchet shaped lot.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision will have an area of at least 400 square metres.
(c) Consent may be granted to subdivide land in this zone for the purposes of integrated housing if the total number of lots to be created by the subdivision is at least 5 and each lot will have an area of at least 232 square metres.
(a) Consent must not be granted for a dwelling house to be erected on a lot in this zone unless the area of the lot is 400 square metres or more.
(b) Consent must not be granted to carry out integrated housing development on a lot in this zone unless each proposed lot will have an area of 230 square metres or more.
Consent may be granted for a detached dual occupancy on a lot in this zone only if the lot will have an area of at least 600 square metres.
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot is less than 400 metres from another neighbourhood shop, a shop or a business zone, or
(b) the retail floor area of a building on the lot is greater than 150 square metres.
Despite any other provision of this Plan, consent may be granted for land identified in Column 1 of the following table, to be used for the development specified in Column 2, subject to any conditions detailed in Column 3:
Column 1 | Column 2 | Column 3 |
Land | Development | Conditions |
80 Brown Street, Armidale being Lot A, DP 696046. | Development for the purpose of an agriculture commodity trading business. | |
Land in the area bounded by Jessie Street, Barney Street, Butler Street and Rusden Street, Armidale. | Development for the purpose of a professional consulting office. | |
Glen Innes Road (New England Highway), Armidale, being Lots 1 and 2, DP 826910. | Development for the purpose of a professional consulting office. | |
Corner Grafton Road and Canambe Street, Armidale, being Lots 204 and 205, DP 755808. | Development for the purpose of bulky goods premises (including a single major tenancy and additional smaller tenancies). | The gross floor area of the single major bulky goods premises tenancy must not be less than 2,000 square metres. The gross floor area of any additional smaller bulky goods premises tenancy must not be less than 500 square metres. |
2–4 Stephen Street (corner with Mann), Armidale, being Lot 3, DP 520645. | Development for the purpose of storage units used for the storage of goods, merchandise or materials. |
The objectives for development in this zone are:
(a) to facilitate development primarily for the purposes of low density residential uses and associated activities on large and semi-rural lots in or adjoining urban areas, and
(b) to ensure the type and intensity of development is appropriate to and compatible with the environmental characteristics of the land, and
(c) to ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and
(d) to facilitate development for the purposes of small businesses and other activities in association with residential development on the same land.
Dams; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; airline terminals; airports; bulky goods premises; car parking stations; commercial premises; entertainment facilities; extractive industries; general advertising; generating works; hazardous industries; hazardous storage establishments; helipads; heliports; highway service centres; hotels; industries (other than home industries or rural industries); institutions; integrated housing; intensive livestock agriculture; intensive plant agriculture; light industries (other than home industries); liquid fuel depots; materials recycling facilities; mines; multi dwelling housing; offensive industries; offensive storage establishments; passenger transport terminals; recreation vehicle areas; restricted premises; road transport terminals; sawmills; sex services premises; shops (other than neighbourhood shops); stock and sale yards; take away food outlets; transport depots; vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouse or distribution centres; waste depots; waste disposal facilities
A reference in subclauses (7), (8) and (9) to the area of a lot does not include the area of an access corridor for a hatchet shaped lot.
Consent must not be granted to carry out development on land in this zone unless the consent authority is satisfied that:
(a) the development is in keeping with the existing character of the locality, and
(b) adequate and suitable services including water supply, effluent disposal and access are, or can be made, available to the development.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent must not be granted to subdivide land in this zone for a purpose that is likely to generate sewage, unless each lot to be created by the subdivision is, or will be, connected to the sewer, or the consent authority is satisfied that:
(i) each lot to be created by the subdivision has an adequate area and is suitable for the disposal of effluent on site, and
(ii) the use of on-site effluent management systems will not contribute to an adverse cumulative impact on soils and water in the area.
(c) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision will have an area of at least 4,000 square metres.
Consent must not be granted for a dwelling house to be erected on a lot in this zone unless the lot can be connected to a sewer or the consent authority is satisfied that the lot is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic sewage and waste water and:
(a) the lot was created before the commencement of this Plan and has an area of at least 400 square metres, or
(b) the lot was created in accordance with subclause (7).
Consent may be granted for dual occupancy on a lot in this zone only if the lot can be connected to a sewer or, if the lot is unsewered, the consent authority is satisfied that the lot is of sufficient size and the soils are of appropriate quality for the effective on-site disposal of domestic sewage and waste water and:
(a) in the case of an attached dual occupancy, a dwelling house could be erected on the lot in accordance with subclause (8), or
(b) in the case of a detached dual occupancy, the lot has an area of at least 8,000 square metres.
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot is less than 400 metres from another neighbourhood shop, a shop or a business zone, or
(b) the retail floor area of a building on the lot is greater than 150 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised.
The objectives for development in this zone are:
(a) to identify areas for future urban purposes that have the capacity to absorb additional population and are capable of being serviced in the longer term, and
(b) to ensure that development on land that has been identified for future urban purposes does not compromise or restrict the potential for the land to be used for those purposes, and
(c) to ensure that development is compatible with existing uses as well as future use of the land for predominantly residential purposes.
Dams; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; airports; animal boarding, breeding or training establishments; aquaculture; bulk stores; bulky goods premises; car parking stations; commercial premises; depots; entertainment facilities; extractive industries; general advertising; generating works; hazardous industries; hazardous storage establishments; helipads; heliports; highway service centres; hotels; industries (other than home industries); institutions; intensive livestock agriculture; intensive plant agriculture; light industries (other than home industries); liquid fuel depots; materials recycling facilities; mines; offensive industries; offensive storage establishments; passenger transport terminals; places of public entertainment; professional consulting offices; restaurants; restricted premises; road transport terminals; sawmills; service stations; sex services premises; shops (other than neighbourhood shops); stock and sale yards; take away food outlets; transport depots; vehicle body repair workshops; vehicle repair stations; vehicle showrooms; warehouse or distribution centres; waste depots; waste disposal facilities
A reference in subclause (7) to the area of a lot does not include the area of an access corridor for a hatchet shaped lot.
Consent must not be granted to carry out development on land in this zone unless the consent authority is satisfied that:
(a) the development is compatible with existing development and likely future urban development, in particular residential development, and
(b) adequate and suitable services including water supply, effluent disposal and access are, or can be made, available to the development, and
(c) any buildings will be sited so as not to prejudice future subdivision and development of land for urban purposes.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent must not be granted to subdivide land in this zone for a purpose that is likely to generate sewage, unless each lot to be created by the subdivision is, or will be, connected to the sewer, or the consent authority is satisfied that:
(i) each lot to be created by the subdivision has an adequate area and is suitable for the disposal of effluent on site, and
(ii) the use of on-site effluent management systems will not contribute to an adverse cumulative impact on soils and water in the area.
(c) Consent may be granted to subdivide land in this zone if:
(i) each lot to be created by the subdivision will have an area of at least 2 hectares, or
(ii) the subdivision is for residential purposes and:
(A) at least 25 residential lots will be created by the subdivision, and
(B) each residential lot to be created is not more than 1,500 square metres, and
(C) each residential lot to be created is connected to a reticulated water supply and sewer.
Consent may be granted for a detached dual occupancy on a lot in this zone only if the lot can be subdivided in accordance with subclause (7) (c).
Consent must not be granted to erect or use a building for the purposes of a neighbourhood shop on a lot in this zone if:
(a) the lot is less than 400 metres from another neighbourhood shop, a shop or a business zone, or
(b) the retail floor area of a building on the lot is greater than 150 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised.
The objectives for development in this zone are:
(a) to promote development in existing villages that reflects or enhances their character, and
(b) to enable development for residential, retail, commercial and tourist uses and other urban purposes associated with a town or village, and
(c) to ensure that the amenity of existing or proposed nearby developments is not adversely affected by new development.
Dams; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; airports; extractive industries; general advertising; hazardous industries; hazardous storage establishments; helipads; heliports; highway service centres; institutions; intensive livestock agriculture; landing areas; mines; offensive industries; offensive storage establishments; sex services premises; waste depots; waste disposal facilities
A reference in subclauses (7) and (8) to the area of a lot does not include the area of an access corridor for a hatchet shaped lot.
Consent must not be granted to carry out development on land in this zone unless the consent authority is satisfied that:
(a) the development is in keeping with the existing character of the locality, and
(b) adequate and suitable services including water supply, effluent disposal and access are, or can be made, available to the development.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision will have:
(i) an area of at least 1,000 square metres, and
(ii) an adequate area that is suitable for the on-site disposal of effluent.
Consent may be granted for a detached dual occupancy on a lot in this zone only if the lot has an area of at least 2,000 square metres.
If a development will generate sewage and the land, building or work is not connected to a reticulated water supply or sewer system, consent must not be granted unless the consent authority has taken into consideration an integrated water cycle management plan and is satisfied that:
(a) the proposed water supply is adequate, and
(b) the quality and quantity of surface water, especially stream flow, is maintained and if possible enhanced, and
(c) any adverse impact of water use on environmental and human health is minimised, and
(d) the use of on-site effluent management systems will not contribute to an adverse cumulative impact on soils and water in the area.
The objectives for development in this zone are:
(a) to provide for the development and expansion of business activities that will contribute to local economic growth and employment opportunities, and
(b) to identify the Central Business District and other established commercial business precincts in the City of Armidale as the appropriate location for retail, commercial, service and other compatible activities, in a way that respects the City’s environmental attributes and heritage significance, and
(c) to ensure that the Central Business District of Armidale is the main focus for commercial and retail activity and that development in other established business precincts does not compromise the role and diminish the viability of the Central Business District, and
(d) to protect ground floor premises with street frontages in this zone for use as shops and commercial premises, and
(e) to encourage a diversity of financial, commercial, civic administration, cultural and entertainment uses in the Central Business District of Armidale that contribute to its vitality as a precinct for business and community activities, and
(f) to allow industry in commercial areas if it is compatible with the character of the locality and will not cause loss of amenity to occupants of nearby land, and
(g) to allow residential development that is compatible with or benefits from its proximity to business and community activities in the town centre.
Dams; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; airports; animal boarding, breeding or training establishments; aquaculture; bulk stores (with a floor space more than 500 square metres); cemeteries; extractive industries; general agriculture; generating works; hazardous industries; hazardous storage establishments; heliports; highway service centres; industries (with a floor space more than 500 square metres); intensive livestock agriculture; intensive plant agriculture; landing areas; light industries (with a floor space more than 500 square metres); liquid fuel depots; materials recycling facilities; mines; offensive industries; offensive storage establishments; roadside stalls; rural industries; rural workers’ dwellings; sawmills; stock and sale yards; warehouse or distribution centres (with a floor space more than 500 square metres); waste depots; waste disposal facilities
Land in this zone may be subdivided, but only with consent.
(a) In this subclause,
height , in relation to a building, means the greatest vertical distance between the footpath level abutting the frontage of the site on which that building is located and the topmost point of that building at the footpath alignment.(b) Consent must not be granted to erect a building on land abutting the northern side of Beardy Street between Dangar and Marsh Streets exceeding 10 metres in height unless that part of the building exceeding that height is set back one metre from the boundary of the footpath on the northern side of Beardy Street for each metre by which the building exceeds 10 metres in height.
(a) This subclause applies to land in this zone bound by Queen Elizabeth Drive, Golgotha Street, Niagara Street and Tancredi Street, Armidale.
(b) Consent may be granted to development for the purpose of a shop, commercial premises or bulky goods premises only if the gross floor area of the shop or premises is not more than 1,500 square metres.
(a) This subclause applies to Lot 1, DP 799192 and Lot 19, Sections 601, 118 and 120, Niagara Street, Armidale.
(b) Consent may be granted to development for the purpose of a shop or bulky goods premises on the land to which this clause applies only if the gross floor area of the shop or premises is not more than 100 square metres.
The objectives for development in this zone are:
(a) to provide for the development and expansion of industrial activities that will contribute to local economic growth and employment opportunities, and
(b) to facilitate development for the purposes of industrial, warehousing, transport, servicing and other compatible employment activities, and
(c) to allow development of specific office and support or ancillary activities in association with the primary industrial uses in this zone, and
(d) to ensure that development in this zone does not compromise the viability of the Central Business District as the main focus for commercial and retail activity in Armidale, and
(e) to ensure that non-industrial land uses do not prejudice the availability of land for long term industrial requirements.
Dams; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Bed and breakfast accommodation; boarding houses; caravan parks; cemeteries; child care centres; commercial premises (other than ancillary offices or showrooms); dual occupancies; dwelling houses (but not ancillary dwellings); hazardous industries; hazardous storage establishments; integrated housing; manufactured home estates; mines; motels; multi dwelling housing; offensive industries; offensive storage establishments; restaurants; roadside stalls
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent must not be granted to subdivide land in this zone for a purpose other than a public road if any lot created by the subdivision will have direct vehicular access to an arterial road.
Consent must not be granted to development for the purposes of bulky goods premises on land in this zone unless the consent authority is satisfied that:
(a) suitable land for the development is not available in Zone No 3 (a), and
(b) to grant consent would not, because of the number of retail outlets that exist or are proposed on land in this zone, defeat the objective of providing a variety of developments for industrial purposes allowed in this zone, and
(c) the proposed development will not detrimentally affect the viability of the Central Business District of Armidale.
Consent may be granted to development in this zone for the purposes of offices, showrooms or shops only if the consent authority is satisfied that:
(a) in relation to offices or showrooms, or both:
(i) the use of the office or showroom is ancillary or incidental to a use permitted in this zone and is on the same land, and
(ii) the area of the office or showroom, or both, is not more than 25% of the total gross floor area of the development, and
(iii) adequate on-site parking is available to accommodate the parking needs of the office or showroom, or both, or
(b) in relation to shops:
(i) the use of the shop is ancillary or incidental to a use permitted in this zone and is on the same land, and
(ii) the gross floor area of the shop is not more than 100 square metres.
Consent must not be granted to development on Lot 16, DP 755808, unless the consent authority is satisfied that the development is unlikely to detract from the existing residential amenity of the locality, taking into consideration:
(a) the hours of operation of the development, and
(b) the location, siting, bulk, scale, height, density, design or external appearance of the development, and
(c) the proposed means of access for the development and any provision for loading, unloading, manoeuvring and parking of vehicles in the development or on the land, and
(d) the amount of traffic likely to be generated by the development, and
(e) any matter that is likely to affect the residential amenity of the locality.
The objectives for development in this zone are:
(a) to set aside certain land adjacent to the Armidale Regional Airport for a range of industrial and employment generating developments, and
(b) to provide for development that serves the travelling public and highway users, and
(c) to provide for bulky goods retailing, warehousing, light industrial and trade activities that would not jeopardize the viability or function of the business or industrial areas in Armidale, and
(d) to provide for development if its activities complement those of Armidale Regional Airport or benefit from being located in proximity to the Armidale Regional Airport.
Dams; general agriculture; home occupations; home occupations (sex services); maintenance dredging; public utility undertakings
Development not included in subclause (2) or (4)
Abattoirs; boarding houses; caravan parks; clubs; dual occupancies; dwelling houses (but not ancillary dwellings); educational establishments; entertainment facilities; hazardous industries; hazardous storage establishments; hospitals; hotels; institutions; integrated housing; intensive livestock agriculture; intensive plant agriculture; manufactured home estates; mines; multi dwelling housing; offensive industries; offensive storage establishments; places of public entertainment; places of worship; restaurants; roadside stalls; shops (other than shops ancillary or incidental to a permitted use); vehicle showrooms; waste disposal facilities
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent must not be granted to subdivide land in this zone for a purpose other than a public road if any lot created by the subdivision will have direct vehicular access to an arterial road.
Consent must not be granted to development for the purposes of bulky goods premises on land in this zone unless the consent authority is satisfied that:
(a) suitable land for the development is not available in Zone No 3 (a), and
(b) to grant consent would not, because of the number of retail outlets that exist or are proposed on land in this zone, defeat the objective of providing a variety of developments for highway related and industrial purposes allowed in this zone, and
(c) the proposed development will not detrimentally affect the viability of the Central Business District of Armidale.
Consent may be granted to development in this zone for the purposes of offices, showrooms or shops only if the consent authority is satisfied that:
(a) in relation to offices or showrooms, or both:
(i) the use of the office or showroom is ancillary or incidental to a use permitted in this zone and is on the same land, and
(ii) the area of the office or showroom, or both, is not more than 25% of the total gross floor area of the development, and
(iii) adequate on-site parking is available to accommodate the parking needs of the office, showroom or both, or
(b) in relation to shops:
(i) the use of the shop is ancillary or incidental to a use permitted in this zone and is on the same land, and
(ii) the gross floor are of the shop is not more than 100 square metres.
The objectives for development in this zone are:
(a) to facilitate the development of land in this zone for a range of community service uses whether provided publicly or privately and including, but not limited to, educational establishments, places of worship, health care services, utility services and ancillary activities, and
(b) to provide for development of land in this zone, not required for community services, that reflects adjoining or nearby land uses, provided that the viability of the business and industrial zones is not compromised.
Dams; general agriculture; home occupations; maintenance dredging; public utility undertakings
Building identification signs; business identification signs; depots; energy generating facilities; telecommunications facilities; the particular purpose indicated by red lettering on the zoning map and purposes associated with or ancillary to the particular purpose indicated on the zoning map
Development not included in subclause (2) or (3)
Land in this zone may be subdivided, but only with consent.
(a) In this subclause,
airport related development means the primary use of a building or place as an office or for other business or commercial purposes functionally related to an airport, and includes uses or services related to but not restricted to the following:(i) the assembly, storage and land transport of air freight,
(ii) the transportation of passengers by air or land,
(iii) training,
(iv) the provision of services for passengers and operators, including accommodation and food outlets,
(v) the operation, maintenance or repair of aircraft and associated equipment and machinery,
(vi) administrative functions associated with the airport, such as airport management and security,
(vii) the functions of government departments and authorities related to air passengers and air freight,
(viii) services provided for hotel or motel guests, including banking, dry cleaning, hairdressing, and the like, that are located within the confines of the hotel or motel building.
(b) Consent may be granted to airport related development on land in the Special Uses 5 (a) zone and shown with red “Airport” notation on the map.
The objectives for development in this zone are:
(a) to facilitate the use and development of land in this zone for railways and ancillary purposes, and
(b) to allow land that is no longer required for railway purposes to be used for purposes that are consistent with those permissible in adjoining zones and compatible with any remaining railway activity.
Dams; general agriculture; home occupations; maintenance dredging; public utility undertakings; railways
Building identification signs; business identification signs; development for a purpose ancillary to a railway; energy generating facilities; telecommunications facilities
Development not included in subclause (2) or (3)
Land in this zone may be subdivided, but only with consent.
The objective of this zone is to provide for development in this zone for road purposes.
Construction camps; dams; public utility undertakings; roads
Telecommunications facilities
Development not included in subclause (2) or (3)
Land in this zone may be subdivided, but only with consent.
The objectives for development in this zone are:
(a) to identify land that is used, or intended to be used, for public open space, recreation and associated purposes, and
(b) to protect and, if appropriate, enhance the environmental characteristics of this zone, including landscape quality and flora and fauna habitat, and to safeguard ecological processes, and
(c) to enable development for purposes other than recreation only if it can be demonstrated that the proposed use will not adversely affect the long-term use of the land for recreation.
Dams; general agriculture; home occupations; maintenance dredging; public utility undertakings
Ancillary dwellings; building identification signs; bus stations; business identification signs; car parking stations; caravan parks; child care centres; clubs; community facilities; energy generating facilities; entertainment facilities; markets; recreation areas; recreation facilities; refreshment rooms; telecommunications facilities; tourist facilities
Development not included in subclause (2) or (3)
Land in this zone may be subdivided, but only with consent.
Consent must not be granted to carry out development on land in this zone unless the consent authority has taken into consideration:
(a) the need for the proposed development on 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.
The Armidale Showgrounds may be used without consent for the purposes of trade stands, livestock pens, judging rings and pavilions involving the occasional display of goods for sale or exhibition.
The objectives for development in this zone are:
(a) to identify land used or to be used for private open space, recreation and associated purposes that is not owned by Council or another public authority, and
(b) to enable development of the land for recreational purposes and uses associated with recreation.
Dams; home occupations; maintenance dredging; public utility undertakings
Ancillary dwellings; building identification signs; bus stations; business identification signs; car parking stations; child care centres (ancillary to permissible use); clubs; community facilities; energy generating facilities; entertainment facilities; general agriculture; helipads; markets; recreation areas; recreation facilities; refreshment rooms; restaurants; telecommunications facilities; tourist facilities
Development not included in subclause (2) or (3)
Land in this zone may be subdivided, but only with consent.
The objectives for development in this zone are:
(a) to conserve and enhance the biodiversity, visual and recreational values of the hilltops and ridges surrounding Armidale, and
(b) to enable development only if it can be shown that the development will not damage or compromise the ecological or scenic attributes of the locality, and
(c) to preserve and re-establish native bushland in areas that exhibit predominantly bushland character, and
(d) to encourage the retention and re-establishment of native bushland along significant fauna corridors and in areas of high visual significance.
General agriculture; home occupations; maintenance dredging; public utility undertakings
Animal boarding, breeding or training establishments; aquaculture; bed and breakfast accommodation; boarding houses; building identification signs; business identification signs; child care centres; community facilities; dams; dual occupancies; dwelling houses; educational establishments; energy generating facilities; forestry; home businesses; home industries; recreation areas; refreshment rooms; retail plant nurseries; rural industries; telecommunications facilities; veterinary hospitals
Development not included in subclause (2) or (3)
(a) Consent must not be granted to carry out development on land in this zone unless the consent authority has taken into consideration the impact of the development on biodiversity conservation, including wildlife corridors linking remaining areas of native vegetation in and surrounding Armidale.
(b) Consent must not be granted to carry out development on land in this zone unless the consent authority has taken into consideration, with respect to its scenic impact:
(i) the extent to which the proposed development would affect the scenic qualities of the site or the locality, and
(ii) the pitch and form of the roof of any building to be erected, and
(iii) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of any building are compatible with materials used in the existing buildings on the site or in the locality.
(a) Land in this zone may be subdivided, but only with consent.
(b) Consent may be granted to subdivide land in this zone if each lot to be created by the subdivision has an area of at least 4 hectares.
(c) If land to be subdivided is in both Zone No 7 (a) and Zone No 7 (b), then, despite any other provision of this Plan, consent may be granted to subdivide the land if:
(i) the number of lots to be created does not exceed the total number of lots allowed under this Plan, and
(ii) the lots may be otherwise designed without regard to the minimum lot sizes required in this Plan, if the subdivision includes provisions so that no development may be permitted in the area of the subdivision zoned 7 (a), and
(iii) the consent authority is satisfied that the zone objectives and requirements will be met.
Consent may be granted for dual occupancy on a lot in this zone only if:
(a) in the case of land that cannot be subdivided in accordance with subclause (6) (b), the dwellings comprise an attached dual occupancy, and
(b) in the case of land that can be subdivided in accordance with subclause (6) (b):
(i) the dwellings are either an attached or detached dual occupancy, and
(ii) in the case of a detached dual occupancy, the lot on which the dwellings are to be located cannot be sold separately unless the lot is subdivided in accordance with subclause (6) (b).
(a) a statement demonstrating the heritage significance of a heritage item, archaeological site or heritage conservation area, and
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
(a) the building does not occupy floor space exceeding 50 square metres and is erected in the curtilage of the dwelling house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person, and
(b) the industry does not:
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,
(ii) involve exposure to view from any adjacent premises or 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.
(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, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or
(e) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, a brothel or home occupation (sex services).
(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.
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) shops or refreshment rooms,
(e) transport of patients, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
(a) the sea or an arm of the sea,
(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and
(c) a river, stream or watercourse, whether tidal or non-tidal, and
(d) a building erected on the land.
(a) to continue to function as a watercourse, or
(b) to resume its function as a watercourse.
(a) that comprises 1 or more major sections, and
(b) that is not a registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997,
and includes any associated structures that form part of the dwelling.
The term is defined as follows:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
The term is defined as follows:
(1) Native vegetation means any of the following types of indigenous vegetation:(a) trees (including any sapling or shrub, or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
(2) Vegetation is
indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.(3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
The term is defined as follows:
(a) any theatre or cinema (including a drive-in or open-air theatre or cinema) that is used or intended to be used for the purpose of providing public entertainment, or
(b) any premises the subject of a licence under the Liquor Act 1982 or a certificate of registration under the Registered Clubs Act 1976, that are used or intended to be used for the purpose of providing entertainment, including public entertainment, but not including amusement provided by means of an approved gaming machine within the meaning of the Gaming Machines Act 2001, or
(c) any public hall that is used or intended to be used for the purpose of providing public entertainment.
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.
(a) a building of any description or any part of it and the appurtenances to it,
(b) a manufactured home, moveable dwelling and associated structure,
(c) land, whether built on or not,
(d) a shed or other structure,
(e) a tent,
(f) a swimming pool,
(g) a ship or vessel of any description (including a houseboat), or
(h) a van.
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
The term is defined as follows:
(a) any road that is opened or dedicated as a public road, whether under this or any other Act or law, and
(b) any road that is declared to be a public road for the purposes of this Act.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility.
(a) that relates to the settlement of the area of Armidale Dumaresq, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly in the ground.
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles (not involving body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
(a) a building wall, or
(b) the outside face of any balcony, deck or the like, or
(c) the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the Plan.
• Armidale Dumaresq Local Environmental Plan 2008 (Amendment No 3)
• Armidale Dumaresq Local Environmental Plan 2008 (Amendment No 6)
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
The term is defined as follows:
(a) whether permanently or intermittently, or
(b) whether forming an artificial or natural body of water,
(c) and includes wetlands and any other land prescribed by the regulations as water land to which this Division applies.
(a) a river, creek or stream that is named or is shown as a permanent watercourse on 1:25,000 topographic maps prepared by the Department of Lands, or
(b) a lake, lagoon, natural wetland, estuary, bay or inlet.
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