Bathurst Regional (Interim) Local Environmental Plan 2005 (NSW)
This plan is Bathurst Regional (Interim) Local Environmental Plan 2005.
The aims of this plan are as follows:
(a) to provide interim or transitional planning controls for the local government area of Bathurst Regional,
(b) to facilitate the orderly and economic development of land,
(c) to promote the well-being of the community of Bathurst,
(d) to promote and strengthen the role of Bathurst as a regional centre,
(e) to enhance the environmental qualities of the area,
(f) to allow detailed provisions to be made to control development by means of development control plans.
The particular objectives and strategies applicable to land within a zone are set out in relation to the respective zone in the zoning control table.
This plan applies to all land within the local government area of Bathurst Regional.
This plan repeals the following:
(a) Bathurst Local Environmental Plan 1997,
(b) Interim Development Order No 1—Shire of Evans,
(c) Evans Local Environmental Plan No 1,
(d) Evans Local Environmental Plan No 2,
(e) Evans Local Environmental Plan No 3,
(f) Evans Local Environmental Plan No 4,
(g) Evans Local Environmental Plan No 5,
(h) Evans Local Environmental Plan No 6,
(i) Evans Local Environmental Plan No 7,
(j) Evans Local Environmental Plan No 9,
(k) Evans Local Environmental Plan No 11,
(l) Evans Local Environmental Plan No 13,
(m) Evans Local Environmental Plan No 16,
(n) Evans Local Environmental Plan No 24,
(o) Evans Local Environmental Plan No 25,
(p) Evans Local Environmental Plan No 26,
(q) Oberon Local Environmental Plan 1998,
(r) all other local environmental plans and deemed environmental planning instruments that, immediately before the appointed day, applied to the land to which this plan applies.
This plan repeals the instruments listed in subclause (1) only in so far as those instruments apply to the local government area of Bathurst Regional.
This clause does not operate so as to reclassify, or to alter or revoke the classification of, any land classified as operational land under the Local Government Act 1993.
The Council is the consent authority for the purposes of this plan, subject to the Act.
The Dictionary at the end of this plan defines certain words used in this plan.
In this plan, a reference to a map is a reference to a map deposited in the office of the Council.
Notes included in this plan do not form part of this plan.
The zoning control table to this clause describes the objectives of each zone and (except as otherwise provided by this plan) the development that is permitted without development consent or only with development consent and the development that is prohibited on land in each zone.
A description of how each zone is shown on the land use map is listed below:
• Zone No 1 (a) (Inner Rural Zone)—coloured light brown
• Zone No 1 (b) (Market Garden Zone)—coloured khaki
• Zone No 1 (c) (Rural Residential Zone)—coloured light orange
• Zone No 1 (d) (Rural Special Purposes Zone)—coloured dark brown
• Zone No 1 (e) (Outer Rural Zone)—coloured brown
• Zone No 1 (f) (Special Rural Small Holdings Zone)—coloured dark orange
• Zone No 2 (a) (Residential Zone)—coloured light scarlet
• Zone No 2 (v) (Village Zone)—coloured red
• Zone No 3 (a) (General Business Zone)—coloured light blue
• Zone No 3 (b) (Service Business Zone)—coloured dark blue
• Zone No 4 (a) (Industrial Zone)—coloured purple
• Zone No 5 (a) (Special Uses—Public Purposes Zone)—coloured yellow
• Zone No 6 (a) (Local Recreation Zone)—coloured dark green
• Zone No 6 (b) (Regional Recreation Zone)—coloured light green
Consent must not be granted to the carrying out of development within a particular zone unless the consent authority has taken the objects of the zone into account and:
(a) is satisfied that the proposed development is consistent with one or more of those objects, or
(b) if the proposed development is development of the kind that is identified by this plan as usually not consistent with those objects—is satisfied that, in the particular circumstances of the case, it is appropriate that the proposed development be carried out.
The objectives of the zone are as follows:
(a) to support and maintain the continued viability of agricultural development in rural areas located near the urban fringe areas of Bathurst,
(b) to enable development that is appropriate for broad acre productive land used for grazing and cropping to be carried out,
(c) to provide for a range of compatible land uses to be carried out on land within the zone that are in keeping with the rural character of the locality and do not unnecessarily convert prime crop and pasture land to non-agricultural land uses,
(d) to protect and conserve the scenic environment by controlling the location of buildings and materials used, particularly in development adjacent to a major road or located within a scenic protection area or within an identified remnant bushland area,
(e) to protect and conserve valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development to enable the efficient extraction of those deposits.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• boarding houses, bulky goods salesrooms or showrooms, generating works, motor showrooms, road transport terminals, service stations, vehicle body repair workshops, vehicle repair stations, warehouses.
Development for the purpose of:
• agriculture, bushfire hazard reduction, outbuildings (constructed with exteriors of non-reflective materials).
Any development not included in Item 2 or 4.
Development for the purpose of:
• advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), commercial premises, dual occupancies, gas holders, industries (other than extractive, high technology, home or rural industries), residential units, shops.
The objectives of the zone are as follows:
(a) to promote and maintain efficient sustainable agricultural utilisation of land, particularly vegetable culture,
(b) to conserve land that is identified by the Department of Primary Industries as Class 1 or Class 2 agricultural land by ensuring that it is not unnecessarily converted to non-agricultural land uses and that any lot created is capable of sustaining a range of agricultural land uses,
(c) to enable development that is sympathetic to the environmental characteristics of the land, and is appropriate in a location suitable for market gardening, to be carried out,
(d) to permit the erection of buildings only on land on which the carrying out of such development will not increase the flood hazard rating or likely flood damage to any other property and is consistent with the objectives of the Bathurst Floodplain Management Plan or the Bathurst Floodplain Development Policy, whichever applies.
Development for the purpose of:
• agriculture, bushfire hazard reduction, intensive agriculture.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), boarding houses, bulky goods salesrooms or showrooms, clubs, commercial premises, dual occupancies, gas holders, generating works, industries (other than home and rural industries), intensive animal husbandry, junk yards, motor showrooms, refuges, residential units, road transport terminals, service stations, shops, technology businesses, vehicle body repair workshops, vehicle repair stations, warehouses, waste disposal or recycling depots.
The objectives of the zone are as follows:
(a) to enable rural residential housing and other compatible land uses to be carried out on land that is suitable and is not of prime agricultural value,
(b) to ensure that lots created in rural residential estates do not hinder the proper and orderly development of urban areas in the future,
(c) to allow detailed provision to be made, by means of a development control plan, to specify the location of dwelling-houses and associated structures and the height, scale, bulk, construction material and colours of the exteriors of all structures, in order to protect and conserve the scenic value and rural amenity of the area,
(d) to ensure that development is sympathetic to the environmental character of the land so that the scenic quality of the land, particularly prominent ridge tops, is maintained and disturbances to the landscape are minimised,
(e) to ensure that lots created in rural residential estates are adequate for the disposal of effluent and that any on-site effluent generated does not enter adjoining lands or impact on surface or ground water resources.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• boarding houses.
Development for the purpose of:
• agriculture, bushfire hazard reduction.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), bulky goods salesrooms or showrooms, commercial premises, dual occupancies, educational establishments, forestry, fun parlours, gas holders, generating works, industries (other than home and rural industries), institutions, intensive animal husbandry, junk yards, liquid fuel depots, mines, motor showrooms, residential units, road transport terminals, sawmills, service stations, shops, stock and sale yards, technology businesses, timber yards, vehicle body repair workshops, vehicle repair stations, warehouses.
The objectives of the zone are as follows:
(a) to enable the carrying out of development that is complementary to existing rural activities and sympathetic with the environmental characteristics of the land,
(b) to encourage and promote development in the vicinity of Mount Panorama that is compatible with motor racing activities,
(c) to discourage development that may prejudice Mount Panorama as an international motor racing circuit,
(d) to conserve prime crop and pasture land by ensuring that it is not unnecessarily converted to non-agricultural land uses.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, motor showrooms, service stations, vehicle body repair workshops, vehicle repair stations.
Development for the purpose of:
• agriculture, bushfire hazard reduction.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), boarding houses, bulky goods salesrooms or showrooms, child care centres, commercial motor race hosting, commercial premises, dual occupancies, educational establishments, fun parlours, gas holders, general stores, generating works, hospitals, industries (other than home and rural industries), institutions, intensive animal husbandry, junk yards, liquid fuel depots, mines, passenger transport terminals, places of public worship, professional chambers, refuges, residential units, road transport terminals, sawmills, shops, stock and sale yards, technology businesses, timber yards, warehouses.
The objectives of the zone are as follows:
(a) to support and maintain the continued viability of agricultural development in rural lands located in the outer rural areas of the local government area of Bathurst Regional,
(b) to enable the carrying out of development that is appropriate for broad acre productive land used for grazing and cropping,
(c) to protect and conserve the scenic environment by controlling the location of buildings and materials used, particularly in respect of development adjacent to a major road or located within a scenic protection area or within an identified remnant bushland area,
(d) to protect and conserve valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development to enable the efficient extraction of those deposits.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• boarding houses, bulky goods salesrooms or showrooms, generating works, industries (other than extractive, high technology, home or rural industries), motor showrooms, road transport terminals, service stations, shops, vehicle body repair workshops, vehicle repair stations, warehouses.
Development for the purpose of:
• agriculture, bushfire hazard reduction, outbuildings (constructed with exteriors of non-reflective materials).
Any development not included in Item 2 or 4.
Development for the purpose of:
• advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), commercial premises, dual occupancies, gas holders, residential units.
The objectives of the zone are as follows:
(a) to promote development of the land for rural residential or hobby farm development,
(b) to ensure that lots created are of an appropriate area and size that enables the provision of an adequate water supply, enables effective disposal of domestic waste and does not adversely affect water quality,
(c) to ensure that development is sensitive to the environmental characteristics of the land,
(d) to minimise the cost to the community of providing, extending and maintaining public services and amenities,
(e) to ensure that rural small holdings do not adversely impact on agricultural activities in the locality,
(f) to permit development for a range of purposes that are compatible with the environmental capabilities of the land and that are unlikely to adversely affect land water quality for other development in the vicinity or create unanticipated demands for service infrastructure.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments.
Development for the purpose of:
• agriculture, bushfire hazard reduction.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), bulky goods salesrooms or showrooms, commercial premises, dual occupancies, educational establishments, forestry, fun parlours, gas holders, generating works, industries (other than home and rural industries), institutions, intensive animal husbandry, junk yards, liquid fuel depots, mines, motor showrooms, residential units, road transport terminals, sawmills, service stations, shops (other than general stores), stock and sale yards, technology businesses, timber yards, vehicle body repair workshops, vehicle repair stations, warehouses.
The objectives of the zone are as follows:
(a) to allow a variety of appropriately designed housing types within existing and new residential areas,
(b) to permit development for the purpose of residential units and dual occupancies to be carried out only in those locations where such development is appropriate in terms of the surrounding residential density and, in this regard, to allow detailed provision to be made, by means of a development control plan, to set aside specific areas within the zone where medium density developments and dual occupancies may be carried out,
(c) to protect and conserve the historical and scenic quality of Bathurst,
(d) to allow development within the zone for purposes other than housing, being development that is appropriate to a residential zone and that does not detrimentally affect the character or amenity of the locality,
(e) to enable development for the purpose of convenience shops to be carried out to provide for the minor incidental shopping needs of the residents of the locality,
(f) to protect and conserve the low density rural atmosphere of the villages of Eglinton, Raglan and Perthville.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, commercial premises, roadside stalls, shops (other than general stores), take-away food outlets.
Development for the purpose of:
• playground equipment.
Any development not included in Item 2 or 4.
Development for the purpose of:
• advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), bulky goods salesrooms or showrooms, fun parlours, gas holders, generating works, high density developments, industries (other than home industries), institutions, junk yards, liquid fuel depots, motor showrooms, road transport terminals, sawmills, technology businesses, timber yards, vehicle body repair workshops, vehicle repair stations, warehouses.
The objectives of the zone are as follows:
(a) to allow appropriately designed housing types within a low density residential settlement environment,
(b) to ensure that lots created do not hinder the proper and orderly development of the villages,
(c) to ensure that adequate provision is made for the disposal of effluent in relation to new lots created or new development and that any on-site effluent generated does not enter adjoining lands or impact on surface or groundwater resources,
(d) to protect and conserve the historical significance and scenic quality of the village settings,
(e) to allow development to be carried out within the zone for purposes other than housing, being development that is appropriate to a village zone and that does not detrimentally affect the character or amenity of the locality and that enhances the economic viability of the village,
(f) to enable development for the purpose of convenience shops to be carried out to provide for the minor incidental shopping needs of the residents of the locality and to provide for minor shopping needs related to tourism and arts and craft related activities,
(g) to protect and conserve the rural atmosphere of the village areas.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, take-away food outlets, vehicle body repair workshops.
Development for the purpose of:
• bushfire hazard reduction, playground equipment.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), bulky goods salesrooms or showrooms, dual occupancies, forestry, fun parlours, gas holders, generating works, high density developments, institutions, intensive animal husbandry, junk yards, liquid fuel depots, mines, motor showrooms, offensive or hazardous industries, residential units, road transport terminals, sawmills, stock and sale yards, timber yards, warehouses.
The objectives of the zone are as follow:
(a) to enable a diverse range of development within the zone for retail, commercial and professional land uses,
(b) to encourage comprehensive development and growth that will reinforce the role of the Bathurst Central Business District as the retail, commercial and administrative centre of Bathurst and its region,
(c) to protect and conserve the historic and scenic quality of the Bathurst Central Business District,
(d) to accommodate the establishment of retail, commercial and professional services in appropriate locations within residential neighbourhoods if the scale and type of development is compatible with the amenity of the surrounding residential areas and does not prejudice the status and viability of the Bathurst Central Business District as the retail, commercial and administrative centre of Bathurst,
(e) to ensure that commercial development or other permitted development is consistent with the provisions of any development control plan adopted by the Council for localities within the zone.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, vehicle body repair workshops, warehouses (other than those used in conjunction with a permissible use).
Nil.
Any development not included in Item 2 or 4.
Development for the purpose of:
• advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), gas holders, generating works, high density developments, industries (other than home and service industries), junk yards, liquid fuel depots, roadside stalls, road transport terminals, sawmills, timber yards.
The objectives of the zone are as follows:
(a) to permit a range of development to be carried out within the zone for service business activities and associated land uses,
(b) to encourage appropriate, functional and aesthetic development and improvements along major roads,
(c) to encourage the establishment of service business activities (such as bulky goods salesrooms or showrooms) away from the Bathurst Central Business District,
(d) to ensure that the type of retail activity does not prejudice the status and viability of the Bathurst Central Business District as the retail centre of Bathurst,
(e) to ensure that commercial development or other permitted development is consistent with the provisions of any development control plan adopted by the Council for localities within the zone.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, junk yards, roadside stalls, warehouses (other than those used in conjunction with a permissible use and situated on the land on which that use is conducted).
Nil.
Any development not included in Item 2 or 4.
Development for the purpose of:
• advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), boarding houses, dual occupancies, dwellings (other than those used in conjunction with a permissible use and situated on the land on which that use is conducted), gas holders, generating works, industries (other than high technology, home and service industries), liquid fuel depots, mines, residential units, road transport terminals, sawmills, shops (unless ancillary to development permitted in the zone or catering to the local needs of the business area).
The objectives of the zone are as follows:
(a) to provide fully serviced land that is suitable for industrial uses,
(b) to encourage development that will contribute to economic growth and employment opportunities to be carried out,
(c) to ensure that industrial or other permitted development is consistent with the provisions of any development control plan adopted by the Council for localities within the zone,
(d) to permit retail development to cater for the needs of the workforce within the industrial area, if such development does not prejudice the status and viability of the business areas within Bathurst,
(e) to promote development that does not adversely impact on the natural and built environment,
(f) to provide and protect a passenger and freight transport corridor, transport terminals and associated activities,
(g) to protect and conserve the scenic quality of the area.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• abattoirs, boarding houses, bulky goods salesrooms or showrooms, granny flats, motor showrooms, offensive or hazardous industries, offensive or hazardous storage establishments, roadside stalls.
Nil.
Any development not included in Item 2 or 4.
Development for the purpose of:
• advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), commercial premises, dual occupancies, dwelling-houses (other than those used in conjunction with a permitted use and situated on the land on which that use is conducted), forestry, intensive animal husbandry, mines, residential units, shops (unless ancillary to development permitted in the zone or catering to the local needs of the industrial area).
The objectives of the zone are as follows:
(a) to identify land that may be used for a particular public purpose, whether by a government or non-government body,
(b) to provide for the cultural and social needs of the community.
Nil.
Development for the purpose of:
• advertisements (displayed in conjunction with a permissible use and situated on the land on which that use is conducted), child care centres, community buildings, drainage, entertainment facilities, public facilities or buildings, recreation facilities or areas, roads, technology businesses, utility installations (other than gas holders or generating works).
Any development not included in Item 2 or 3.
The objectives of the zone are as follows:
(a) to ensure that there is adequate open space to meet the needs of the community and to enable land to be used for recreational purposes in a way that will not detrimentally affect the amenity of surrounding areas,
(b) to set aside land for future recreational needs, active or passive, for the community,
(c) to encourage a diversity of recreational settings and facilities and other community facilities,
(d) to sustain the use of privately owned land for recreational purposes,
(e) to protect and conserve the historical and scenic quality of Bathurst.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, fun parlours, general stores, heliports, roadside stalls.
Development for the purpose of:
• agriculture, playground equipment.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, advertisements (except those displayed in conjunction with a permissible use and situated on the land on which that use is conducted), airports, bulky goods salesrooms or showrooms, commercial premises, dual occupancies, dwelling-houses (unless ancillary to development permitted in the zone), gas holders, generating works, industries, institutions, intensive animal husbandry, junk yards, liquid fuel depots, mines, residential units, road transport terminals, sawmills, service stations, shops (unless ancillary to development permitted in the zone), stock and sale yards, technology businesses, vehicle body repair workshops, vehicle repair stations, warehouses, waste disposal or recycling depots.
The objectives of the zone are as follows:
(a) to enable development that is complementary to or for the purpose of motor speed contests and associated activities, sports or recreation,
(b) to protect and conserve scenic value by controlling the siting of buildings and materials used and ensuring that development is sympathetic to the environmental characteristics of the land,
(c) to encourage and promote the development of Mount Panorama as a regional recreation facility and as an international motor racing circuit,
(d) to discourage development that may prejudice Mount Panorama as an international motor racing circuit.
Development for the purpose of the following is usually not consistent with the objectives of this zone:
• animal establishments, fun parlours, general stores, roadside stalls, service stations, vehicle body repair workshops, vehicle repair stations.
Development for the purpose of:
• agriculture, bushfire hazard reduction.
Any development not included in Item 2 or 4.
Development for the purpose of:
• abattoirs, airports, bulky goods salesrooms or showrooms, commercial premises, dual occupancies, dwelling-houses, gas holders, generating works, industries, institutions, intensive animal husbandry, junk yards, liquid fuel depots, mines, residential units, road transport terminals, sawmills, shops (unless ancillary to development permitted in the zone), stock and sale yards, warehouses.
The Crown may carry out the following development without development consent:
(a) use of buildings owned or leased by the Crown,
(b) development specified in Schedule 1.
This plan does not restrict or prohibit any such development.
For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument imposing restrictions on development, to the extent necessary to serve that purpose, does not apply to the development.
Nothing in subclause (1) affects the rights or interests of the Council under any registered instrument.
Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before the making of this plan.
Despite the zoning control table, a person must not carry out subdivision without the consent of the consent authority.
The consent authority may grant consent to the subdivision of land within Zone No 2 (a) only if all necessary services, particularly water, sewerage and drainage services, that will be required for use of the land after that subdivision will be available to the land immediately after the subdivision.
Nothing in this plan prevents consent being granted to the subdivision of land along a zone boundary if:
(a) at least one of the lots created by the subdivision is intended for future residential, business or industrial development, and
(b) the consent authority is satisfied that there are no constraints (such as a lack of water, sewerage and drainage services) preventing the subsequent development of that lot for residential, business or industrial purposes.
The consent authority must not grant consent to development described in Schedule 2 unless the application for consent has been placed on public exhibition in accordance with subclause (2).
Before determining an application referred to in subclause (1), the consent authority must:
(a) place the application on public exhibition for a period of at least 14 days (public holidays excluded) at the office of the Council,
(b) give public notice of the exhibition at the commencement of the period referred to in paragraph (a) in a newspaper circulating in the locality, and
(c) take into consideration any submission lodged during that period in respect of the proposed development.
The consent authority may make, revoke or amend a tree preservation order.
A person must not ringbark, cut down, lop, top or remove a tree to which a tree preservation order applies or carry out any other activity that may result in the demise of any tree without the consent of the consent authority.
This clause does not apply to or in respect of:
(a) trees within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(b) action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveying Act 2002, or
(c) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
This clause applies to the land identified on the land use map by red hatching and the words “50dBA Noise Contour”.
Despite any other provision of this plan, the only development for residential purposes that may be carried out on the land to which this clause applies is development that could have been carried out on that land under Bathurst Local Environmental Plan 1997 as in force immediately before the appointed day.
This clause applies:
(a) to land shown as being below the one percent AEP flood line on the map marked “Bathurst One Percent AEP Flood Inundation Map” dated 1992, and
(b) to any land identified or known by the Council as having the possibility of flooding.
Despite any other provision of this plan, a person must not carry out any work or erect any structure on land to which this clause applies, except with the consent of the consent authority.
The consent authority must not grant a consent required by subclause (2) unless it is satisfied that:
(a) the proposed development will not increase the flood hazard rating of, or likely flood damage to, any other property or persons, and
(b) the proposed development generally complies with the Bathurst Floodplain Management Plan or Bathurst Floodplain Development Policy (whichever applies), copies of which are available at the offices of the Council.
Development consent is not required by this clause if:
(a) the proponent has notified the consent authority in writing of the proposed development, and
(b) the consent authority has formed the opinion that the proposed development is of a minor nature, and
(c) the consent authority is satisfied that the proposed development meets the requirements of subclause (3), and
(d) the consent authority has advised the proponent in writing before the development is carried out that it is satisfied that development consent is not required because of the exception created by this subclause.
This clause applies to land shown on the land use map by black diagonal hatching and the words “Scenic Protection Area”.
Despite any other provision of this plan, a person must not carry out development of land to which this clause applies except with the consent of the consent authority.
The consent authority must not grant a consent required by subclause (2) unless it has made an assessment of the following:
(a) the height of any structures resulting from the proposed development and any effect this might have on views or vistas,
(b) the colours of materials to be used,
(c) the effect that the carrying out of the proposed development will have on (and, in particular, its visual impact on) approaches to Bathurst, places of visual significance, views and parklands,
(d) the visual impact that carrying out of the proposed development will have on the environment generally,
(e) whether adequate provision has been made for the preservation of existing trees and landscaping of the site on which the development is proposed to be carried out.
A person must not, without the consent of the consent authority, erect a structure (such as a building) of a height exceeding the obstacle limitation surface height shown on the Obstacle Limitation Surface Plan.
The consent authority must not grant a consent required by subclause (1) unless it has given notice of the proposal to the Civil Aviation Safety Authority and taken into consideration any comments received from that Authority within 28 days after the notice was sent.
The consent authority must not consent to the development of land for the purpose of a building specified in the Table to this subclause if the ANEF for the land exceeds the maximum noise level set by the Table for that building.
Table
Building | Maximum noise level |
church, dwelling-house, hospital, school or theatre | 25dB(A) |
hotel, motel, office or public building other than a public building listed elsewhere in this Table | 30dB(A) |
The consent authority must not consent to the development of land for the purpose of a building specified in the Table to this subclause if the ANEF for the land is within the noise level range set by the Table for that building unless the consent is subject to conditions specifying measures to be taken to insulate the development from noise, being measures based on the provisions of Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction published by Standards Australia in 2000.
Table
Building | Noise level |
dwelling-house | 20dB(A) or more but less than 25dB(A) |
hotel, motel, office or public building | 25dB(A) or more but less than 30dB(A) |
commercial or industrial premises | 30dB(A) or more |
In this clause:
Despite the zoning control table, development for the purpose of an advertisement described in Schedule 3 may be carried out without development consent, but only if:
(a) the advertisement is displayed in conjunction with a permissible use and situated on the land on which that use is conducted, and
(b) the development is carried out in accordance with the conditions (if any) imposed by Schedule 3, and
(c) the proponent has consulted the consent authority and has been informed that, in the opinion of the consent authority, the advertisement will not be visually detrimental to the streetscape.
Despite any other provision of this plan, the consent authority may grant consent to the erection of an advertisement on any land for the specific purpose of directing the travelling public to tourist facilities and places of scientific, historic or scenic interest, if the consent authority is satisfied that:
(a) the advertisement relates to a specific building or place within the local government area of Bathurst Regional, and
(b) the principal purpose of the advertisement is to direct the travelling public to that building or place, and
(c) the dimensions and overall size of the advertisement are not larger than would reasonably be required so to direct the travelling public.
Despite any other provision of this plan, the consent authority must not grant consent to development of land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 1 (f), 2 (a), 2 (v), 3 (a), 3 (b), 5 (a), 6 (a) or 6 (b) for the purpose of a brothel.
The consent authority may grant consent to development of land within Zone No 4 (a) for the purpose of a brothel, but only if the proposed development will be carried out no closer than 500 metres to a dwelling, educational establishment, place of public worship, recreation facility, shop or any other place where children may congregate.
Despite the zoning control table, development may be carried out, with the consent of the consent authority, in accordance with Schedule 4.
Despite any other provision of this plan, the consent authority must not consent to the use of land being Pt Lot 8 DP 758065 Section 104, located on the corner of Russell Street and Acheron Street, Bathurst, except for the purpose of a gasworks.
Development of minimal environmental impact listed in Bathurst Regional Council Development Control Plan—Exempt Development as adopted by the Council on 20 April 2005 is
Development listed in Bathurst Regional Council Development Control Plan—Complying Development as adopted by the Council on 16 February 2011 is
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act.
Development to which the relevant development control plan applies is exempt or complying development only if it complies with the development standards and other requirements applied to the development respectively by:
(a) Bathurst Regional Council Development Control Plan—Exempt Development as adopted by the Council on 20 April 2005, and
(b) Bathurst Regional Council Development Control Plan—Complying Development as adopted by the Council on 16 February 2011.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Bathurst Regional Council Development Control Plan— Complying Development adopted by the Council, as in force when the certificate is issued.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 also specifies certain exempt and complying development. See clause 1.9 of that Policy, which sets out when that Policy prevails over this clause.
For so long as the land described in SP 35451 (
(a) the extent to which provision has been made for the free movement of pedestrians from the William Street Car Park through and to SP 35451,
(b) the ease with which pedestrians may move from the William Street Car Park to and through SP 35451.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 1 (e), 1 (f) or 2 (v) that has been identified as bushfire-prone land on the map marked “Bushfire-Prone Land Map”.
Despite any other provision of this plan, a person must not carry out development of land to which this clause applies, except with the consent of the consent authority.
Development consent is not required by this clause if:
(a) the proponent has notified the consent authority in writing of the proposed development, and
(b) the consent authority has formed the opinion that the proposed development is of a minor nature, including minor additions to a residential building or ancillary development, and
(c) the consent authority is satisfied that the proposed development conforms to the specifications and requirements of Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, that are relevant to the development, and
(d) the consent authority has advised the proponent in writing before the development is carried out that it is satisfied that development consent is not required because of the exception created by this subclause.
Despite any other provision of this plan, the following development may be carried out only with development consent:
(a) demolishing or moving a heritage item or a building, work, relic or place within a heritage conservation area,
(b) altering a heritage item or a building, work, relic or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,
(c) altering a heritage item by making structural changes to its interior,
(d) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic or Aboriginal object being discovered, exposed, moved, damaged or destroyed,
(e) erecting a building on, or subdividing, land on which a heritage item is located or that is within a heritage conservation area.
Development consent is not required by this clause if:
(a) the proponent has notified the consent authority in writing of the proposed development, and
(b) in the opinion of the consent authority:
(i) the proposed development is of a minor nature or consists of maintenance of the heritage item, place of Aboriginal heritage significance or archaeological site or of the building, work, relic or place within a heritage conservation area, and
(ii) the proposed development would not adversely affect the significance of the heritage item, place of Aboriginal heritage significance, archaeological site or of the building, work, relic or place within a heritage conservation area, and
(c) the consent authority has advised the proponent in writing before the development is carried out that it is satisfied that development consent is not required because of the exception created by this subclause.
Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:
(a) the creation of a new grave or monument,
(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.
The consent authority must not grant consent to development of land on which a heritage item is located, within the vicinity of a heritage item, or within a heritage conservation area, unless it is satisfied that the impact of the proposed development on the heritage significance of the relevant heritage item or of the heritage conservation area is acceptable to the consent authority.
In the case of proposed development that requires consent under this clause, being development that would affect a heritage item, the assessment in subclause (4) must include consideration of a heritage impact statement that addresses the following matters:
(a) the heritage significance of the item as part of the environmental heritage of the local government area of Bathurst Regional,
(b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or cultural features,
(c) the measures proposed to conserve the heritage significance of the item and its setting,
(d) the extent to which the carrying out of the proposed development will affect the form of any historic subdivision.
In the case of proposed development in a heritage conservation area that requires consent under this clause, the assessment in subclause (4) must include consideration of a heritage impact statement that addresses the following:
(a) the heritage significance of the heritage conservation area and the contribution that any building, work, relic or place affected by the proposed development makes to that heritage significance,
(b) the impact that the proposed development will have on the heritage significance of the heritage conservation area,
(c) the compatibility of the proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development,
(d) the measures proposed to conserve the heritage significance of the heritage conservation area and its setting,
(e) whether any landscape or horticultural features will be affected by the proposed development,
(f) the extent to which the carrying out of the proposed development in accordance with the consent will affect any historic subdivision pattern.
In assessing a development application to carry out work on a heritage item or within a heritage conservation area, the consent authority may require the preparation of a conservation management plan.
Before granting consent for development required by this clause that will be carried out in a place of Aboriginal heritage significance, the consent authority must:
(a) consider the effect on the heritage significance of the place and any Aboriginal object known, or reasonably likely, to be located at the place, and
(b) unless the proposed development requires the consent of the Director-General of the Department of Environment and Conservation under section 90 of the National Parks and Wildlife Act 1974, notify the local Aboriginal communities (in such way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the notice is sent, and
(c) be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
Before granting consent for development required by this clause that will be carried out on an archaeological site (whether or not it is also the site of an Aboriginal object), the consent authority must:
(a) consider the effect on the heritage significance of any relic known, or reasonably likely, to be located at the site, and
(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
This subclause does not apply to land that is listed on the State Heritage Register under the Heritage Act 1977 or to which an interim heritage order under that Act applies.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
The consent authority may grant consent to the use for any purpose of a building that is a heritage item or is within a heritage conservation area or, in the opinion of the consent authority, is a building of heritage significance, or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a) the retention of the building depends on the granting of consent, and
(b) the proposed development is in accordance with a conservation management plan that has been endorsed by the consent authority, and
(c) the granting of consent to the proposed development would ensure that all necessary conservation work identified in the conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the building or its setting, and
(e) the proposed development would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.
When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the consent authority may, for the purpose of determining:
(a) the floor space ratio, and
(b) the number of parking spaces to be provided on the site,
exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the building depends on its making the exclusion.
(Repealed)
Except as provided by this clause, the provisions of clause 10 apply to and in respect of an application for consent for:
(a) the demolition of a heritage item, or
(b) the demolition of a building, work, relic or place within a heritage conservation area, or
(c) the use of a building or land referred to in clause 24 for a purpose that, but for that clause, would be prohibited under this plan.
This clause does not apply to the partial demolition of a heritage item or the demolition of a building or work within a heritage conservation area if, in the opinion of the consent authority, the partial demolition or demolition will be of a minor nature and will not adversely affect the environmental heritage of the local government area of Bathurst Regional.
The consent authority must not consent to an application for consent to subdivide, for the purposes of agriculture, land within one of the zones specified in the Table to this subclause unless each of the lots to be created by the proposed subdivision will have at least the minimum area set by the Table for a lot in the zone concerned.
Table
Zone No | Minimum area per lot |
1 (a) | 200 ha |
1 (b) | 20 ha |
1 (c) | 1 ha |
1 (d) | 200 ha |
1 (e) | 100 ha |
Despite subclause (1), the consent authority may grant consent to an application for consent to subdivide land in Zone No 1 (c) to create a lot of not less than 0.4 hectare if the lot is to be connected to the Council’s sewerage reticulation and water reticulation systems and is not located on land identified on the land use map by red hatching and the words “50dBA Noise Contour”.
Despite subclause (1) (but subject to subclause (2)), the consent authority may grant consent to an application for consent to subdivide land so as to create lots of less than the minimum areas specified in the Table to subclause (1) if the consent authority is satisfied that each such proposed lot is intended otherwise than for use for the purpose of agriculture or a dwelling-house.
Despite subclause (1), the consent authority may grant consent to an application for consent to subdivide land so as to create one or more lots in Zone No 1 (a), 1 (d) or 1 (e) of less than the relevant minimum area specified in subclause (1) (but not less than 20 hectares) if the consent authority is satisfied that each such proposed lot is intended for use for the purpose of intensive agriculture.
The consent authority must not grant consent to an application referred to in subclause (4) unless the consent authority has considered a property development plan that will enable the consent authority to fully consider the impact of the subdivision on the agricultural output of the land, and the consent authority is satisfied that:
(a) the land will be used for the purpose of intensive agriculture, and
(b) the subdivision will not significantly reduce the agricultural viability of the land from which the proposed lots are to be excised, and
(c) the subdivision will permit proper soil conservation management practices that will ensure the long-term suitability of any intensive agricultural pursuit.
In this clause:
The consent authority must not consent to the erection of a dwelling-house within one of the zones specified in the Table to this subclause unless the lot on which the dwelling-house is proposed to be erected:
(a) has an area not less than the minimum area set by the Table for a lot in that zone, and is vacant, or
(b) comprises the whole of an existing holding, the area of which is less than the minimum area set by the Table for a lot in that zone, and is vacant, or
(c) comprises a lot created pursuant to clause 27 (4) and is used for intensive agriculture and is vacant, or
(d) comprises a lot that was created in accordance with a consent granted before the appointed day, being a lot on which a dwelling-house could have been lawfully erected immediately before the appointed day, and is vacant.
Table
Zone No | Minimum area for erection of dwelling-house |
1 (a) | 200 ha |
1 (b) | 20 ha |
1 (c) | 1 ha |
1 (d) | 200 ha |
1 (e) | 100 ha |
Despite subclause (1), the consent authority may grant consent to the erection of a dwelling-house on a lot within Zone No 1 (c) if the lot:
(a) has an area of not less than 0.4 hectare, and
(b) is connected to the Council’s sewerage reticulation and water reticulation systems, and
(c) is vacant.
Despite subclause (1), the consent authority may grant consent to the erection of a dwelling-house on a lot within Zone No 1 (a), 1 (b) or 1 (e) that is not vacant if the proposed dwelling-house:
(a) is intended to be used as a rural worker’s dwelling, or
(b) is to be located within 100 metres of any other existing dwelling-house on the land and the lot is not less than 1 hectare in area, or
(c) is intended to replace a dwelling-house that is proposed to be demolished, or is proposed to be altered so that it may be used for a land use (other than as a dwelling-house) ancillary to the use of the land for the purpose of agriculture.
In this clause:
(a) the area of a lot, portion or parcel as it was at the relevant date, or
(b) if, as at the relevant date, a person owned 2 or more adjoining or adjacent lots, portions or parcels, the aggregation of the areas of those lots, portions or parcels as they were at the relevant date.
(a) 27 March 1987, in relation to land within the former local government area of the City of Bathurst, or
(b) 19 April 1968, in relation to land within the former local government area of Evans Shire Local Government Area to which Interim Development Order No 1—Shire of Turon applied, or
(c) 31 March 1967, in relation to land within the former local government area of Evans Shire Local Government Area to which Interim Development Order No 2—Shire of Abercrombie applied.
This clause applies to land within the Parishes of Sofala and Wiagdon, County of Roxburgh, as shown edged heavy black on Sheet No 4 of the land use map.
Despite any other provision of this plan, the consent authority may grant consent to the erection of a dwelling-house in accordance with this clause on a vacant lot of land lawfully created before the appointed day and on which a dwelling-house could have been lawfully erected immediately before the appointed day, or on a vacant lot varied in accordance with subclause (3).
Despite any other provision of this clause, a person may, with the consent of the consent authority, subdivide the land to which this clause applies, but only by way of boundary adjustment so as to create no additional lots.
The consent authority must not grant consent to the erection of a dwelling-house on a lot of land to which this clause applies that is situated wholly within the floodplain.
The consent authority must not grant consent to the erection of a dwelling-house on a lot of land to which this clause applies that is situated wholly outside the floodplain and drainage plain unless the area of the lot is not less than 1,000 square metres.
The consent authority must not grant consent to the erection of a dwelling-house on a lot of land to which this clause applies that is situated partially within the floodplain or the drainage plain unless:
(a) the area of the lot is not less than 2,000 square metres, and
(b) the dwelling-house is not erected on any part of the lot within the floodplain, and
(c) the floor of the dwelling-house is at a height of not less than 300 millimetres above ground level, and
(d) the effluent disposal system for the dwelling-house is not located within the floodplain or drainage plain.
The consent authority must not permit direct vehicular access to Trunk Road 54 from a dwelling-house erected in accordance with consent granted under this clause except for those properties shown hatched black on the map referred to in subclause (1).
The provisions of State Environmental Planning Policy No 1—Development Standards do not apply to land to which this clause applies.
In this clause:
This plan does not prevent a person, with the consent of the consent authority, from carrying out development for the purpose of a holiday cabin on land within Zone No 1 (d).
The consent authority must not grant such a consent unless it is satisfied that:
(a) the cabin will be erected:
(i) on land on which there already is a dwelling-house, and
(ii) within 50 metres of a dwelling-house situated on that land, and
(iii) not closer than 40 metres to the boundary of the Mount Panorama racing circuit, and
(b) use of the cabin will not result in the construction of any additional vehicular access point to a public road.
The consent authority must not grant such a consent unless it includes a condition that a holiday cabin on any such land must not be used as a dwelling by the same person for more than a total of 6 weeks (whether consecutive or not) in any calendar year.
In this clause,
(a) that is capable of being used as a dwelling, and
(b) that does not have more than 120 square metres of gross floor area.
This clause applies to land in DP 270159, known as the Mount Haven Estate, Meadow Flat, being land partly in Zone No 1 (e) and partly in Zone No 1 (f), as shown edged heavy black on the map marked “Bathurst Regional (Interim) Local Environmental Plan 2005 (Amendment No 2)”.
Despite any other provision of this plan, the consent authority must not consent to an application for consent to subdivide land to which this clause applies unless the subdivision is created under the provisions of the Community Land Development Act 1989 and the land is subdivided so as to create no more than:
(a) 42 dwelling lots having an average area of not more than 4 hectares, a minimum area of not less than 2 hectares, and a maximum area of not more than 6 hectares, and
(b) 6 lots having an area of not less than 1 hectare, and
(c) 5 neighbourhood property lots having an area of not less than 1 hectare, and
(d) a community property lot, and
(e) a farm lot and associated dwelling having an area of not less than 480 hectares.
The consent authority must not consent to a stage of subdivision of land to which this clause applies after the initial stage unless the consent authority is satisfied that at least 60 per cent of lots created in the initial or previous stage under subclause (2) (a) and (b) have been sold and the consent authority is satisfied that the common effluent disposal system for the initial or previous stage is functioning satisfactorily.
Despite any other provision of this plan, the consent authority may grant consent to an application for consent to erect a dwelling-house on a lot created in accordance with subclause (2) (a) or (b).
Despite any other provision of this plan, the consent authority must not consent to an application for consent to erect a dwelling-house:
(a) on a lot created in accordance with subclause (2) (c) or (d), or
(b) on land shown hatched on the map marked “Bathurst Regional (Interim) Local Environmental Plan 2005 (Amendment No 2)”.
The provisions of State Environmental Planning Policy No 1—Development Standards do not apply to the land to which this clause applies.
The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
Subclause (2) does not apply to:
(a) any lot identified in the certificate as a residue lot, or
(b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d) a subdivision for the purpose only of rectifying an encroachment on any existing lot.
This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 93C of the Act).
State Environmental Planning Policy No 1—Development Standards does not apply to the subdivision of land to which subclause (2) applies.
Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
The development control plan must provide for all of the following:
(a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d) a network of active and passive recreation areas,
(e) stormwater and water quality management controls,
(f) amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g) detailed urban design controls for significant development sites,
(h) measures to encourage higher density living around transport, open space and service nodes,
(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
Subclause (2) does not apply to development for any of the following purposes:
(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
(c) a subdivision of land in a zone in which the erection of structures is prohibited,
(d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
A provision of this Part prevails over any other provision of this plan to the extent of any inconsistency.
(Clause 7)
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration of railway stations or bridges so as materially to affect their design, and
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
(a) development of any description at or below the surface of the ground,
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in the process of being acquired for that purpose before the appointed day, provided reasonable notice of the proposed erection is given to the consent authority,
(f) any other development, except:
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alterations, maintenance and repair of ways, buildings, works and plant required for the purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:
(a) the erection of buildings and the reconstruction or alteration of buildings, so as materially to affect their design or external appearance, or
(b) the formation of any means of access to a road.
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of a road.
The carrying out of any forestry work by the Forestry Commission empowered under an Act to undertake afforestation, roading, protection, cutting and marketing of timber and other forestry purposes under those Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their function, design or external appearance, or
(b) any development designed to change the use or purpose of any such reserve.
The carrying out or causing to be carried out by a council engaged in flood mitigation works or by the Department of Lands of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Management Act 2000, the Farm Water Supplies Act 1946, or the Rivers and Foreshores Improvement Act 1948, except:
(a) the erection of buildings, the installation or erection of plant or other structures or the erection and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
(Clause 10)
In respect of land within Zone No 2 (a) or Zone No 2 (v), development for the purpose of:
(a) clubs, or
(b) home industries, or
(c) motels, or
(d) institutions, or
(e) making alterations or additions to a building the use of which is lawful only because it is an existing use.
In respect of any zone in which development for the purposes of any of the following is permissible with development consent, development for the purpose of:
(a) fun parlours, or
(b) premises licensed to sell fermented or spirituous liquor, or
(c) residential units, or
(d) boarding houses, or
(e) commercial premises, other than a newsagency or pharmacy, if:
(i) publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or
(ii) a business to which section 578E of the Crimes Act 1900 applies is conducted, or
(f) brothels.
(Clause 16)
Description of advertisement | Conditions to be met |
Such an advertisement must not be displayed on a heritage item. | |
Such a sign must not:
| |
Not to be displayed outside Zone No 3 (a), 3 (b) or 4 (a). | |
When displayed within Zone No 3 (b) or 4 (a), such a sign:
| |
When displayed within Zone No 3 (b) or 4 (a), such a sign:
| |
None. | |
Such a sign must not:
| |
None. | |
None. |
(Clause 18)
Address/Location | Land description | Development and conditions, if any |
Gormans Hill Road | Lots 22 and 24, DP 830868 | Development for the purpose of one dwelling-house on each lot. |
Gormans Hill Road | Lot 5, DP 712527 | Development for the purpose of a dwelling-house. |
Havannah Street | Lot 1, DP 195507 | Development for the purpose of residential units. |
Woodside Drive (Mount Rankin) | Lots 1–13, DP 263393 and Lots 1 and 2, DP 788400 | Subdivision of the land to create no more than 13 lots of not less than 4.015 hectares, one public reserve of 2.216 hectares and a residual lot of 223.6 hectares. Further subdivision is prohibited. |
Mid-Western Highway (Evans Plains) | Lots 1–9, DP 817711 | Subdivision of the land to create no more than 8 lots of not less than 10 hectares and not more than 15 hectares and no more than 1 lot of more than 300 hectares. Further subdivision is prohibited. |
Limekilns Road | Lot 1, DP 86141, Lot 25 DP 870643 and Lot 31, DP 1037113 | Subdivision of the land to create no more than 2 lots, of 6.3 hectares and 6.8 hectares respectively, accessed from Koonong Place, and no more than one residual lot of 294.3 hectares. Development for the purpose of erection of no more than one dwelling-house on each of the two smaller lots. Further subdivision and the erection of a dwelling-house is prohibited on the residual lot. |
Hobson Close | Lot 1, DP 1047811 | Subdivision of the land if the lot on which the existing dwelling-house is located has an area of at least 0.6 hectares. |
(Definitions of “heritage conservation area” and “heritage item” in Dictionary)
Suburb | Item name | Address | Property description | Significance | Item number |
Abercrombie | Avoca | 75 Eglinton Road | Lot 2, DP 875443 | Local | I1 |
Abercrombie | Walmer | 87 Eglinton Road | Lot 100, DP 1123635 | Local | I2 |
Abercrombie River | Timber bridge | Goulburn Road | Part Road Reserve | Local | I3 |
Arkell | Arkell Cemetery | 377 Old Trunk Road | Lot 3, DP 235045 | Local | I4 |
Arkell | Arkell (former Inn) | 4274 Trunkey Road | Part Lot 19, DP 753022 | Local | I5 |
Bathampton | Bathampton Homestead, Stables and Brick Barn | 2021 Mid Western Highway | Part Lot 300, DP 1144793 | Local | I6 |
Bathurst | Shop (former) | 26 Bant Street | Lot 1, DP 846171 | Local | I7 |
Bathurst | St Barnabas Anglican Church and Hall | 36A Bant Street | Lot 95, DP 1142574; Lot 5, DP 573241 | Local | I8 |
Bathurst | St Stanislaus College and Curtilage | Bentinck, Havannah and Seymour Streets | Lots 1, 2, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, DP 758065; Lots 161, 226 and 249, DP 750357; Lots 1–4, DP 132171; Lot 1, DP 705335; Lot 1, DP 815875; Lot 31, DP 598074 |
(a) shown on the Heritage Map as a heritage conservation area or as a place of Aboriginal heritage significance, and
(b) the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
(a) shown on the Heritage Map as a heritage item, and
(b) the location and nature of which is described in Schedule 5, and
(c) specified in an inventory of heritage items that is available at the office of the Council.
(a) the building is erected on the lot on which the dwelling is located, and
(b) the light industry does not occupy an area of more than 50 square metres, and
(c) the light industry is undertaken by the permanent residents of the dwelling whether or not others are employed, and
(d) the light industry does not interfere in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, and
(e) the light industry does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and
(f) the light industry does not 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 the residents of the dwelling, or
(b) interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, or
(c) the display of goods, whether in a window or otherwise, or
(d) the display of a sign, other than a non-illuminated sign not exceeding 50 centimetres in width or 25 centimetres in height indicating the name and occupation of the residents, or
(e) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail at the dwelling.
(a) market gardening,
(b) orcharding,
(c) turf farms,
(d) vineyards,
(e) plant propagation,
(f) plant breeding,
(g) hydroponics,
(h) flower crops,
and similar activities, but does not include animal establishments, intensive animal husbandry or other similar uses or any other land use elsewhere specifically defined in this Dictionary.
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Bathurst Regional (Interim) Local Environmental Plan 2005 (Amendment No 1)
• Bathurst Regional (Interim) Local Environmental Plan 2005 (Amendment No 3)
• Bathurst Regional (Interim) Local Environmental Plan 2005 (Amendment No 7)—Sheet 1
(a) emit a polluting discharge (such as noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development of other land in the locality, or
(b) pose a significant risk to human health, life, property or the biophysical environment.
(a) emit a polluting discharge (such as noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development of other land in the locality, or
(b) pose a significant risk to human health, life, property or the biophysical environment.
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people including (but not limited to) items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, middens, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature, including natural features such as creeks or mountains of land-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
(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 is taken to include a reference to a council, county council, Government department, corporation, firm or authority carrying on the undertaking.
(a) as a children’s playground, or
(b) for sporting activities or sporting facilities, or
(c) to provide facilities for recreational or leisure activities that promote the physical, cultural or intellectual welfare of the community,
but, in the zoning control table, does not include a building, place or area elsewhere specifically defined in this Dictionary.
(a) that relates to the settlement of the local government area of Bathurst Regional, not being Aboriginal settlement, and
(b) that is more that 50 years old.
(a) the handling, treating, processing or packing of primary products, or
(b) the regular servicing or repairing of plant or equipment used for the purpose of agriculture or for the purpose of a business activity referred to in paragraph (a).
(a) located on land on which a dwelling-house is located, and
(b) used as the place of residence by persons whose principal employment is for the purpose of agriculture or a rural industry on that land.
(a) the retail selling or the installing of spare parts and accessories for motor vehicles,
(b) the washing and greasing of motor vehicles,
(c) the repairing and servicing of motor vehicles (other than body building, panel beating and spray painting),
(d) the hiring of trailers,
(e) the retail selling or hiring of small consumer goods.
(a) the development or production (or both) of computer software or hardware (or both),
(b) scientific research,
(c) economic research,
(d) social research,
(e) environmental research,
whether or not educational activities, short-term accommodation or the sale of products form an ancillary component of that business.
(a) announces any local event of a religious, educational, cultural, political, social, sporting or recreational character or relates to any temporary matter in connection with such an event, and
(b) does not include advertising of a commercial nature (except for the name of an event’s sponsor), and
(c) is not displayed for more than 28 days before or after the event.
(a) body building, or
(b) panel beating that involves dismantling, or
(c) spray painting other than of a touching-up character.
0
0
0