Baulkham Hills Local Environmental Plan 1991 (Amendment No 74) (2001-438) [GG No 100 of 22.6.2001, p 4282] (NSW)
2001 No 438
| Baulkham Hills Local Environmental | New South Wales |
Plan 1991 (Amendment No 74)
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P98/00399/S69)
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
| Published in Gazette No 100 of 22 June 2001, page 4282 | Page 1 |
| [80] | |
| 2001 No 438 |
| Clause 1 | Baulkham Hills Local Environmental Plan 1991 (Amendment No 74) |
Baulkham Hills Local Environmental Plan 1991
(Amendment No 74)
1 Name of plan
This plan may be called Baulkham Hills Local Environmental
Plan 1991 (Amendment No 74).
2 Aims, objectives etc
This plan aims to amend Baulkham Hills Local Environmental
Plan 1991 by:
| (a) | making provision for exempt and complying development, |
| (b) | introducing a number of new definitions and amending several existing definitions, and |
| (c) | replacing certain provisions relating to advertised development, in accordance with changes to the Environmental Planning and Assessment Act 1979. |
3 Land to which plan applies
This plan applies to all land to which Baulkham Hills Local
Environmental Plan 1991 applies.
4 Amendment of environmental planning instruments
| ||
| (2) This plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10): Baulkham Hills local government area |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4 (1))
[1] Clause 5 Definitions
Omit clause 5 (1). Insert instead:
(1) In this plan:
additions and alterations related to an existing dwelling means additions or alterations to a dwelling-house lawfully erected, including garages, swimming pools and outbuildings or structures incidental to a dwelling-house, but not including tennis courts, squash courts and the like.
advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure means a structure used or to be used
principally for the display of an advertisement.
agricultural products establishment means a building or place
used for the sale of goods or materials used in agricultural
production, but does not include a building or place elsewhere
specifically defined in this clause.
agriculture includes horticulture and the use of land for any
purpose of husbandry, including the keeping or breeding of
livestock, poultry or bees, and the growing of fruit, vegetables
and the like, but not for the purpose of poultry farming
establishments, pig keeping establishments, intensive animal
industries or intensive horticulture establishments.
airline terminal means a building or place used for the
assembly of passengers and goods prior to the transport of
those passengers and goods either to or from an airport or an
aerodrome.
alter, in relation to a heritage item or to a building or work
within a conservation area, means:
| (a) | make structural changes to the outside of the heritage item, building or work, or |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| (b) | make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes resulting from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work. |
amusement park means a place where amusements or mechanical or electronic entertainments are permanently situated.
apartment building means a building containing 3 or more
dwellings.
appointed day means 1 March 1991.
aquaculture means the cultivation of plants or rearing of fish
or other organisms (including crustaceans and oysters) in water.
attached dual occupancy means the erection of two dwellings,
or the modification of an existing dwelling to create a second
dwelling, under a common roof on a single allotment of land.
bed and breakfast establishment means an establishment in an
existing dwelling house which:
| (a) | has the owner as a permanent resident living in the dwelling-house, and |
| (b) | provides temporary accommodation, up to a maximum of 1 month, for the short term traveller, and |
| (c) | offers no more than three guest rooms, and accommodation for no more than 6 guests, at any one time, and |
| (d) | provides one off-street parking space per guest room, |
| (e) | offers meals for guests only served with non-alcoholic beverages, and |
| (f) | does not contain cooking facilities in guest rooms for preparation of meals by guests, and |
| (g) | exhibits a notice, advertisement or sign which does not exceed 0.6m2, and is located adjacent to the front property boundary, and |
| (h) | complies with all relevant requirements of the Building Code of Australia, and |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
(i) provides a smoke detection system in the building in accordance with requirements of AS 3786 which is:
| ||||
| (j) | provides a fire extinguisher and a fire blanket in the kitchen. |
bulky goods retailing means the retailing of large goods which are, in the opinion of the Council, of such a size and shape as to require:
| (a) | a large area for handling, storage or display, and |
| (b) | easy and direct vehicular access to enable the goods to be collected by customers after sale, |
but does not include the retailing of food, clothing, books or the
like.
bus depot means a building or place used for the servicing,
repair and garaging of buses and other vehicles used for the
purposes of a bus transport undertaking.
bus station means a building or place used as a terminal for the
assembly and dispersal of passengers travelling by bus.
bushfire fighting establishment means a building appurtenant
to the operation of a bush fire brigade formed or organised
under the Rural Fires Act 1997, unless elsewhere specifically
defined in this clause.
bushfire hazard reduction means a reduction or modification
(by controlled burning, or by mechanical or manual means) of
material that constitutes a bushfire hazard.
car repair station means a building or place used for the
purpose of carrying out repairs to motor vehicles or agricultural
machinery, not being motor body manufacture and repair.
caravan park means land (including a camping ground) on
which caravans (or other moveable dwellings) are, or are to be,
installed or placed.
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| Schedule 1 | Amendments |
caretaker’s dwelling means a dwelling occupied by a person employed by the Council for the purpose of providing security or maintenance services to the land on which the dwelling stands.
child care centre means a building or place used to provide a child care service within the meaning of the Children (Care and Protection) Act 1987.
civic centre means a building or place:
| (a) | that is owned and controlled by the Council, and |
| (b) | that is used for the benefit of the community, and |
| (c) | that may include commercial premises, community facilities, educational establishments, entertainment centres and reception establishments, |
and includes a building or place that is owned and controlled by the Council and is used by the Council as an administrative centre.
classified road means a road or work, or a proposed road or
work, declared under the Roads Act 1993 to be:
| (a) | a main road, or |
| (b) | a secondary road, or |
| (c) | a State highway, or |
| (d) | a tourist road, or |
| (e) | a State work, or |
| (f) | a freeway, or |
| (g) | a controlled access road, |
and shown on the map by a continuous blue centre-line.
club means a building used by persons associated, or by a body
incorporated, for social, literary, political, sporting, athletic or
other lawful purposes, whether of the same or a different kind,
and whether or not the whole or a part of the building is the
premises of a club registered under the Registered Clubs
Act 1976.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a land use elsewhere specifically defined in this clause.
community facility means a building or place owned or controlled by the Council and used for the purpose of providing facilities comprising or relating to any one or more of the following:
| (a) | a public library, |
| (b) | public health services, |
| (c) | rest rooms, |
| (d) | meeting rooms, |
| (e) | indoor recreation, |
| (f) | child minding, |
| (g) | a public building, |
| (h) | a restaurant, |
or used for any other like purpose.
conservation area means the land edged heavy black and
marked “Conservation Area” on the map.
convenience store means a shop which, at the appointed day,
was a service station and at which:
| (a) | a variety of goods, including foodstuffs, personal care products, household cleaning products and small items of hardware are sold, and |
| (b) | petrol, oil and petroleum products are sold (whether or not other goods are also sold), and |
| (c) | other goods may be made available for hire within an ancillary area. |
Council means the Council of the Shire of Baulkham Hills.
dam means a barrier, embankment or excavated earth structure
used to retain water for agricultural, domestic or commercial
purposes.
demolition means the damaging, defacing, destruction, pulling
down or removal of a building or work, in whole or in part.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
detached dual occupancy means the erection of two free-standing dwellings or the erection of a second free-standing dwelling on a single allotment of land.
dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.
dwelling-house means a building containing one, but not more
than one, dwelling.
educational establishment means a building used as a school,
college, technical college, academy, lecture hall, gallery or
museum, but does not include a building used wholly or
principally as an institution or child care centre.
environmentally integrated housing means development
consisting of:
| (a) | the subdivision of land, and |
| (b) | the erection of three or more dwellings of any type on the land so subdivided, |
being development that incorporates and protects (normally as common or neighbourhood property) substantial environmentally significant or sensitive areas of that land, including natural drainage channels, important vegetative and topographic features, geotechnical hazard areas and the like.
exhibition home means an unoccupied dwelling-house used
for display purposes.
existing holding means an allotment, portion or parcel of land
as it was in existence at 6 May 1988.
extractive industry means:
| (a) | the winning of extractive material, or |
| (b) | an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on. |
extractive material means sand, gravel, clay, turf, soil, rock,
stone or any similar substance.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
filling of land means filling of land by raising the natural ground level through deposition of clean (uncontaminated) excavated natural, earthy material, such as topsoil, lime, clay or sand, above the natural or pre-existing ground level, in association with a land use for which consent has been granted, where the landfill deposited exceeds one metre in depth or atotal area of 100m2, but does not include top dressing to an
average depth of 50mm or less.
firewood establishment means a building or place used for the
sale of firewood (or for the splitting of firewood, if firewood is
sold from the building or place).
forestry includes arboriculture, sylviculture, forest protection,
the cutting, dressing and preparation (otherwise than in a
sawmill) of wood and other forest products and the
establishment of roads required for the removal of wood and
forest products or for forest protection.
generating works means a building or place used for the
purpose of making or generating gas, electricity or other forms
of energy.
gross floor area means the sum of the areas of each floor of a
building, where the area of each floor is taken to be the area
within the outer face of the external enclosing walls measured
at a height of 1,400 millimetres above each floor level, but does
not include:
| (a) | columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall, or |
| (b) | lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, or |
| (c) | car-parking needed to meet any requirements of the Council and any internal access thereto, or |
| (d) | space for the loading and unloading of goods. |
guest house means a building or place (not being licensed to sell liquor), where accommodation, together with meals and laundry facilities, is provided, but only to residents of the guest house.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
health care premises means a room or a number of rooms forming either the whole or part of, or attached to or within the curtilage of, an existing dwelling-house comprised of not more than 3 practice rooms to be used only by legally qualified:
| (a) | medical practitioners, or dentists within the meaning of the Dentists Act 1989, or |
| (b) | health care professionals, |
who practise therein the profession of medicine, dentistry or health care, respectively, and used by not more than 3 such persons in total who employ a total of not more than 3 employees in connection with all of the practices at any one time.
health care professional means a person who renders professional health services to members of the public, and is:
| (a) | a registered podiatrist within the meaning of the Podiatrists Act 1989, or |
| (b) | a chiropractor or an osteopath, or a chiropractor and an osteopath, registered under the Chiropractors and Osteopaths Act 1991, or |
| (c) | a physiotherapist registered under the Physiotherapists Registration Act 1945, or |
| (d) | an optometrist registered under the Optometrists Act 1930, or |
| (e) | any other person professionally registered, pursuant to an Act of Parliament, to dispense health care. |
height, in relation to a building, means the greatest distance measured vertically from any point on the ceiling of the topmost floor of the building to the natural ground level immediately below that point.
helipad means an area or place not open to public use which is
set apart for the taking off and landing of helicopters.
heliport means an area or place open to public use which is set
apart for the taking off and landing of helicopters, and includes
terminal buildings and facilities for the parking, servicing and
repair of helicopters.
Heritage Council means the Heritage Council of New South
Wales constituted under the Heritage Act 1977.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
heritage item means a building, work, relic or place described
in Schedule l.
heritage significance means historic, scientific, cultural, social,
archaeological, architectural, natural or aesthetic significance.
home activity means any activity or occupation (excluding
health care) carried on for trade, sale or other gain in a building
or a room or a number of rooms forming part of, or ancillary to,
a dwelling where:
| (a) | the activity or occupation does not occupy a total floor area of more than 50 square metres, and | |||||||||||
| (b) | the dwelling situated on the land is principally used as a domicile, and | |||||||||||
| (c) | the activity or occupation does not: | |||||||||||
| ||||||||||||
| (d) | the goods made or produced, as a result of the activity or occupation, are not displayed or sold from the property, and | |||||||||||
| (e) | a minimum of one off-street car parking space is provided per activity or occupation carried on if the property is in an urban area, and | |||||||||||
| (f) | there is a maximum of one such activity or occupation per dwelling. |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
home business means a business (excluding health care) carried out, or partly carried out, in a dwelling or within the site area of a dwelling, by the permanent residents of the dwelling, where:
| (a) | the business involves employment of not more than one person, at any one time, in addition to the permanent residents, and | |||||||||
| (b) | the business does not occupy a total floor area of more than 50m2, and | |||||||||
| (c) | the business does not: | |||||||||
| ||||||||||
| (d) | the goods made or produced in the building, room or rooms, as a result of the business are not displayed or sold from the property, and | |||||||||
| (e) | there is a maximum of one home business per dwelling. |
home industry means a industry (excluding health care premises) carried out in a building within the site area of a dwelling, by the permanent residents of the dwelling where:
| (a) | the industry involves the employment of not more than 2 persons, at any one time, in addition to the permanent residents, and |
| (b) | the industry does not occupy a total floor area of more than 100m2, and |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| (c) | the industry does not: | |||||||||
| ||||||||||
| (d) | there is a maximum of one such business per property. |
hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to people admitted as inpatients of the hospital, whether or not outpatients are also cared for or treated there.
hotel means any premises specified in a hotelier’s licence
granted under the Liquor Act 1982.
industry means any manufacturing process within the meaning
of the Factories, Shops and Industries Act 1962.
institution means:
| (a) | a building used wholly or principally as a home or other establishment for developmentally disabled persons, or |
| (b) | a hospital within the meaning of the Mental Health Act 1990, or |
| (c) | a penal or reformative establishment. |
intensive animal industry means agricultural animal production where cattle, horses, goats, poultry or other livestock are held in buildings or in a confined area for feeding and, without limiting the generality of the above, may involve the use of:
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| (a) | a beef cattle feedlot, or |
| (b) | a dairy farm, or |
| (c) | a horse training and boarding establishment, or |
| (d) | a piggery, including a free range piggery, or |
| (e) | a poultry farm, including a free range poultry farm, or |
| (f) | a worm farm, or |
| (g) | a building or place used for fish farming (which may consist of or include farming crustaceans), |
but does not include use of a building or place for keeping livestock intended solely for personal consumption or enjoyment by the owner or occupier of the building or place. intensive horticulture establishment means a place used for horticulture production at which plants or fungi are grown using an intensive agricultural system, such as hydroponics, housing, a climate control system, a crop protection system or equipment and, without limiting the generality of the above:
| (a) | may consist of or include a shed, greenhouse or poly housing, and |
| (b) | may involve automated heating, irrigation or sprinkler systems, or the use of shade cloth, hail netting or animal scaring devices, |
but does not include a place used to grow produce for personal
household consumption or enjoyment.
landscape supply establishment means a building or place
used for both the storage and sale of a range of materials used
for landscaping purposes.
leisure facility means a building or place used as a health farm,
religious retreat house, rest home, youth camp or the like, but
does not include a building or place elsewhere specifically
defined in this clause.
light industry means an industry, not being an offensive or
hazardous industry or home industry, in which the processes
carried on, the transportation involved or the machinery or
materials used do not significantly adversely affect the
environment or the amenity of the neighbourhood.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
liquid fuel depot means a depot or place used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution.
medical practitioners’ surgery means a building or place used by not more than three legally qualified medical practitioners who may employ ancillary staff at the building or place in connection with their practice.
medium density housing means 3 or more dwellings where each dwelling has access to private open space for the exclusive use of its occupants, and may take the form of villas, terraces, town-houses or cluster housing and the like.
mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method, and includes any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
motel means a building or buildings used for the short term accommodation of travellers, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories for motor vehicles, caravans or boats are sold or displayed there.
motor vehicle servicing means a building or place used for the servicing, repair or maintenance of motor vehicles, and includes a place used for tyre servicing, muffler repairs, auto electrical repairs and the like.
offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl, dance party venue, or any other building or place of a like character used as such and whether used for the purposes of gain or not, but does not include a building or place elsewhere specifically defined in this clause.
place of worship means a place used for the purposes of public religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.
plant and building equipment hire means a building or place where plant and equipment are stored, displayed and hired out or leased to persons for intermittent use, but does not include premises used for the purposes of hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.
prescribed materials, in relation to a site, means materials of low reflective quality that blend with the landscape of the site and its surroundings.
public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, the Council or an organisation established for public purposes.
public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government department or under the authority of or in pursuance of any Commonwealth or State Act:
| (a) | railway, road transport, water transport, air transport, wharf or river undertakings, or |
| (b) | undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewage or drainage services, |
and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government department, corporation, firm or authority carrying on the undertaking.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
reception establishment means a building or place used for the purpose of wedding receptions, birthday parties and the like, where admission is by private invitation, but does not include a use elsewhere specifically defined in this clause.
recreation area means:
| (a) | a children’s playground, or | |||
| (b) | an area used for sporting activities or sporting facilities, or | |||
| (c) | an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by: | |||
|
but does not include a racecourse or a showground.
recreation facility means a building or place used for sporting
activities, recreation or leisure activities, whether or not
operated for the purpose of gain, but does not include a
building or place elsewhere specifically defined in this clause.
relic means any deposit, object or material evidence relating to
the settlement (excluding Aboriginal habitation) of the local
government area of Baulkham Hills which is 50 or more years
old.
research establishment means a laboratory or other place
where scientific or technological development or research is
carried out.
restaurant means a building or place the principal purpose of
which is the provision of food to people for consumption on
the premises.
restricted development area has the same meaning as in
clause 33.
retail plant nursery means a building or place used for both
the growing and retail selling of plants, whether or not ancillary
products are also sold there, but does not include a wholesale
plant nursery.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
road means a public thoroughfare used for the passage of
vehicles, pedestrians or animals.
road transport terminal means a building or place used for the
principal purpose of the bulk handling of goods for transport by
road, including facilities for the loading and unloading of
vehicles used to transport those goods and for the parking,
servicing and repair of those vehicles.
roadside stall means a building or place (not exceeding 20
square metres in floor space or area, respectively) where only
primary products produced on the property on which the
building or place is situated are exposed or offered for sale or
sold by retail.
rural industry means handling, treating, processing or packing
of primary products, and includes the servicing in a workshop
of plant or equipment used for rural purposes in the locality.
rural worker’s dwelling means a dwelling-house which is
situated on land on which there is already erected a
dwelling-house and which is occupied by a person who is
engaged in the use of the land for the purposes of agriculture,
aquaculture or horticulture.
sawmill means a mill handling, cutting and processing timber
from logs or baulks.
service station means a building or place used for the fuelling
of motor vehicles and involving the sale by retail of petrol, oil
and other petroleum products and the ancillary sale of a limited
range of food items for the convenience of patrons, providing
the building or place is also used for any one or more of the
following purposes:
| (a) | the sale by retail of spare parts and accessories for motor vehicles, |
| (b) | the washing and greasing of motor vehicles, |
| (c) | the installation of accessories for motor vehicles, |
| (d) | the repairing and servicing of motor vehicles (other than repairing and servicing which involves body building, panel beating or spray painting). |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
shop means a building or place used for the purpose of selling, whether by retail or auction, or hiring of, or displaying for the purpose of the selling or hiring of, items (whether goods or materials), but does not include a building or place elsewhere specifically defined in this clause.
stock and sale yard means a building or place used for the purpose of offering animals for sale, and includes a public cattle market.
telecommunications facility means:
| (a) | any part of the infrastructure of a telecommunications network (such a network being a system, or series of systems, that carries or is capable of carrying communications by means of unguided electromagnetic energy), or |
| (b) | any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure or thing used, or intended for use, in or in connection with a telecommunications network, |
but does not include:
| (c) | facilities listed in the Schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth, or |
| (d) | facilities used for an activity that a carrier may engage in despite a law of a State or Territory pursuant to the Telecommunications Act 1997 of the Commonwealth. |
the Act means the Environmental Planning and Assessment
Act 1979.
the map means the map marked “Baulkham Hills Local
Environmental Plan l991” as amended by the maps marked as
follows:
Baulkham Hills Local Environmental Plan 1991 (Amendment
No l),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 2),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 3),
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 4),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 6),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 7),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 8),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 9),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 13),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 15),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 17),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 18),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 19),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 22),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 25),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 26),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 27),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 29),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 31),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 32),
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 33),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 35),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 36),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 38),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 40),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 41),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 42),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 43),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 44),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 45),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 46),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 51),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 52),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 54),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 57),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 58),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 61),
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 63),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 64),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 65),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 66),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 68),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 72),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 73),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 75),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 77),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 78),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 79),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 80),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 81),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 82),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 86),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 87),
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 90),
Baulkham Hills Local Environmental Plan 1991 (Amendment
No 94).
tourist facility means an establishment providing facilities for
holiday accommodation or recreation, and may include a boat
shed, boat landing facilities, camping ground, caravan park,
holiday cabins, hotel, house boat, marina, motel, playground,
restaurant, water sport facilities or a club used in conjunction
with any such activity.
transport terminal means a building or place used as an airline
terminal, a road transport terminal, a bus station or a bus depot.
tree means a perennial plant with a self-supporting woody stem
which has a spread of more than 3 metres or a height of more
than 5 metres.
utility installation means a building or work used by a public
utility undertaking, but does not include a building designed
wholly or principally as administrative or business premises or
as a showroom..
veterinary establishment means a building or place used for
the purpose of the medical or surgical treatment of animals.
warehouse means a building or place used for the storage of
goods, merchandise or materials, including those intended for
sale and distribution to persons engaged in the retail trade.
wholesale plant nursery means a building or place used for
both the growing and wholesaling of plants.
[2] Clause 5 (3)
Insert after clause 5 (2):
| (3) | Any explanatory notes to this plan are intended to assist the reader to understand this plan but do not form part of this plan. |
[3] Clause 7 Consent authority
Insert “, subject to the Act” at the end of the clause.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
[4] Clause 9
Omit the clause and the Table to the clause. Insert instead:
9 Zone objectives and zoning controls
|
| (a) | development that may be carried out without development consent, under the heading “Development allowed without consent”, and |
| (b) | development that may be carried out only with development consent, under the heading “Development allowed only with consent”, and |
| (c) | development that is prohibited, under the heading “Prohibited development”. |
| (4) | If exempt development is allowed to be carried out in a zone, the kinds of exempt development that may be carried out and the conditions subject to which it may be carried out are set out in clause 9A and Schedule 3A. |
| (5) | Development that may be carried out within a zone only with development consent, and is not carried out as complying development, is required to be advertised in accordance with clause 35 if it is listed in the Table to this clause as advertised development for the zone. However, it is not identified by this plan as “advertised development” for the purposes of section 79A of the Act. |
| (6) | Local development that may be carried out within a zone only with development consent is complying development for the zone if it is listed in the Table to this clause as complying development for the zone, subject to clause 9B. |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| (7) | Development within a zone specified in the Table to this clause may also be affected by the provisions of this plan referred to under the heading “Related special provisions” appearing in the matter relating to the zone. |
| (8) | The omission of a reference to a provision of this plan under the heading “Related special provisions” appearing in any such matter does not prevent that provision applying to land within that zone. |
Table
Rural 1 (a) Zone
1 Objectives of zone
The objectives are:
| (a) | to ensure that existing or potentially productive agricultural land is not withdrawn prematurely from agricultural production, and |
| (b) | to ensure that development is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services and public facilities, and |
| (c) | to provide for urban support functions, and |
| (d) | to ensure that development of land within the zone does not hinder the proper and orderly development of any future urban lands. |
2 Development allowed without consent
Development for the purpose of the following:
agriculture (other than aquaculture or dams); bed and
breakfast establishments; bushfire hazard reduction;
home activities.
Exempt development.
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Development for the purpose of the following: development:
advertising structures; agricultural products
establishments; bushfire fighting establishments;
cemeteries; child care centres; community facilities;
dams; dwelling-houses; exhibition homes; health care
premises; filling of land; firewood establishments; home
businesses; home industries; intensive animal industries;
intensive horticulture establishments; landscape supply
establishments; leisure facilities; places of worship;
poultry farming establishments; public buildings;
recreation areas; recreation facilities; retail plant
nurseries; roads; roadside stalls; rural industries (other
than poultry processing); rural workers’ dwellings;
sheds; stables; stock and sale yards; tennis courts in
association with a dwelling; utility installations (other
than gas holders or generating works); veterinary
establishments; wholesale plant nurseries.
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
aquaculture; attached dual occupancies; clubs;
educational establishments; hospitals, institutions;
reception establishments; research establishments;
telecommunications facilities.
additions and alterations to an existing dwelling-house;
erection of sheds between 50m2 and 100m2 in gross
floor area.
4 Prohibited development
Any development not included in item 2 or 3.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 12—Subdivision in Zones Nos 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a) 14—Classified roads—special land use controls 15—Minor variations to zone boundaries 16—Development of flood liable land 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 32—Advert ising structures and advertisements |
Rural 1 (b) Zone
1 Objectives of zone
The objectives are:
| (a) | to ensure that existing or potentially productive agricultural land is not withdrawn unnecessarily from agricultural production, and |
| (b) | to ensure that development is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services and public facilities, and |
| (c) | to provide for urban support functions, and |
| (d) | to protect and enhance those areas of particular scenic and environmental value, and |
| (e) | to maintain the rural character of the locality without adversely affecting the carrying out of agricultural activities, and |
| (f) | to make provision for tourist facilities in appropriate locations. |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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Development for the purpose of the following:
agriculture (other than aquaculture or dams); bed and
breakfast establishments; bushfire hazard reduction;
home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
advertising structures; agricultural products
establishments; bushfire fighting establishments;
cemeteries; child care centres; clubs; community
facilities; convenience stores; dams; dwelling-houses;
exhibition homes; firewood establishments; filling of
land; health care premises; helipads; heliports; home
businesses; home industries; intensive animal industries;
intensive horticulture establishments; landscape supply
establishments; leisure facilities; pig keeping
establishments; places of worship; poultry farming
establishments; public buildings; recreation areas;
recreation facilities; restaurants; retail plant nurseries;
roads; roadside stalls; rural industries; rural workers’
dwellings; sawmills; sheds; stables; stock and sale
yards; tennis courts in association with a dwelling;
utility installations (other than gas holders or generating
works); veterinary establishments; wholesale plant
nurseries.
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
aquaculture; attached dual occupancies; caravan parks;
educational establishments; extractive industries or
industries directly associated with, or dependent upon,
extractive industries; guest houses; hospitals;
institutions; liquid fuel depots; motels; reception
establishments; research establishments; service
stations; telecommunications facilities; tourist facilities.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
Included in this item is the following complying development:
additions and alterations related to an existing
dwelling-house; erection of sheds between 50m2 and100m2 in gross floor area.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 12—Subdivision in Zones Nos 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a) 13—Development near the Hawkesbury River 14—Classified roads—special land use controls 15—Minor variations to zone boundaries 16—Development of flood liable land 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 32—Advertising structures and advertisements 33—Restricted development areas 34—Extractive industries |
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Rural 1 (c) Zone
1 Objectives of zone
The objectives are:
| (a) | to accommodate rural-residential development that is sympathetic with the environment and minimises risks from natural hazards, and |
| (b) | to provide for a range of activities which are compatible with the rural residential character of the locality, and |
| (c) | to ensure that development in the area does not unreasonably increase demand for public services and public facilities, and |
| (d) | to encourage the preservation of suitable areas for open space purposes. |
2 Development allowed without consent
Development for the purpose of the following:
agriculture (other than aquaculture or dams); bed and
breakfast establishments; bushfire hazard reduction;
home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
advertising structures; bushfire fighting establishments;
cemeteries; child care centres; community facilities;
dams; dwelling-houses; exhibition homes; filling of
land; health care premises; home businesses; home
industries; intensive animal establishments; intensive
horticulture establishments; landscape supply
establishments; leisure facilities; places of worship;
public buildings; recreation areas; recreation facilities;
retail plant nurseries; roads; roadside stalls; rural
industries (other than poultry processing); rural
workers’ dwellings; sheds; stables; tennis courts in
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.
Demolition of existing structures. development:
Development for the purpose of the following (which is
advertised development):
aquaculture; attached dual occupancies; clubs;
educational establishments; hospitals; restaurants;
research establishments; telecommunications facilities.
additions and alterations related to an existing
dwelling-house; erection of sheds between 50m2 and100m2 in gross floor area.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 12—Subdivision in Zones Nos 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a) 14—Classified roads—special land use controls 15—Minor variations to zone boundaries 16—Development of flood liable land 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 32—Advertising structures and advertisements |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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Rural 1 (d) Zone
1 Objectives of zone
The objectives are:
| (a) | to accommodate rural-residential development that is sympathetic with the environment and minimises risks from natural hazards, and |
| (b) | to ensure that development is compatible with the rural residential character of the locality, and |
| (c) | to preserve environmentally sensitive locations, natural areas and the scenic quality of the area, and |
| (d) | to ensure that development in the area does not unreasonably increase demand for public services and public facilities, and |
| (e) | to facilitate the creation of a range of lot sizes to provide variety and choice for housing compatible with the environmental quality and rural character of the locality and the protection of development from the hazards of bushfires. |
2 Development allowed without consent
Development for the purpose of the following:
bed and breakfast establishments; bushfire hazard
reduction; home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
advertising structures; agriculture (other than
aquaculture); bushfire fighting establishments; child
care centres; community facilities; dams;
dwelling-houses; filling of land; home businesses; home
industries; places of worship; recreation areas;
recreation facilities; roads; roadside stalls; sheds;
stables; tennis courts in association with a dwelling;
utility installations (other than gas holders or generating
works); veterinary establishments.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
Demolition of existing structures. development:
Development for the purpose of the following (which is
advertised development):
attached dual occupancies; educational establishments;
research establishments; telecommunications facilities.
additions and alterations related to an existing
dwelling-house; erection of sheds between 50m2 and100m2 in gross floor area.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 12—Subdivision in Zones Nos 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a) 15—Minor variations to zone boundaries 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 32—Advertising structures and advertisements |
Residential 2 (a) Zone
1 Objectives of zone
The objectives are:
| (a) | to make general provision for land to be used for the purposes of housing and associated facilities, and |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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| (b) | to provide for development for medium-density housing forms (including town houses, villas, cluster housing, semi-detached housing and the like) in locations close to the main activity centres of the area of Baulkham Hills, and | |||||
| (c) | to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and | |||||
| (d) | to allow a range of development, ancillary to residential uses, which: | |||||
|
2 Development allowed without consent
Development for the purpose of the following:
home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following (which is
advertised development):
apartment buildings; attached dual occupancies;
convenience stores; detached dual occupancies;
environmentally integrated housing; medium density
housing; telecommunications facilities.
Any other development not included in item 2 or 4.
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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Included in this item is the following complying
development:
additions and alterations related to an existing
dwelling-house, being an addition to the ground floor
only, with not more than 1 metre cut or 0.6 metre fill;
erection of single storey dwelling-houses with not more
than 1 metre cut or 0.6 metre fill.
4 Prohibited development
Development for the purpose of the following:
bed and breakfast establishments; home industries; land
uses specified in Schedule 2; places of assembly.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 33—Restricted development areas |
Residential 2 (b) Zone
1 Objectives of zone
The objectives are:
| (a) | to make general provision for land to be used for the purposes of housing and associated facilities, and |
| (b) | to identify residential areas of a predominantly single dwelling character, and to maintain that character, and |
| (c) | to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and |
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| (d) | to allow a range of development, ancillary to residential uses, which: | |||||
|
2 Development allowed without consent
Development for the purpose of the following:
home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following (which is
advertised development):
attached dual occupancies; convenience stores;
detached dual occupancies; telecommunications
facilities.
Any other development not included in item 2 or 4.
Included in this item is the following complying
development:
additions and alterations related to an existing
dwelling-house, being an addition to the ground floor
only, with not more than 1 metre cut or 0.6 metre fill;
erection of single storey dwelling-houses with not more
than 1 metre cut or 0.6 metre fill.
4 Prohibited development
Development for the purpose of the following:
apartment buildings; bed and breakfast establishments;
environmentally integrated housing; home industries;
medium density housing; land uses specified in
Schedule 2; places of assembly.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 33—Restricted development areas |
Residential 2 (c) (Tourist Village) Zone
1 Objectives of zone
The objectives are:
| (a) | to make general provision for land to be used for the purposes of housing, and | |||||
| (b) | to provide for a range of uses serving the needs of the residents and complementary to the scale of neighbouring land uses, and | |||||
| (c) | to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and | |||||
| (d) | to allow a range of development, ancillary to residential uses, which: | |||||
| ||||||
| (e) | to provide for tourist orientated activities that are appropriately located in the village setting. |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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Development for the purpose of the following:
bed and breakfast establishments; home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
additions or alterations to existing dwellings;
advertising structures; agriculture (other than
aquaculture or dams); bushfire hazard reduction;
bushfire fighting establishments; bus stations;
cemeteries; child care centres; commercial premises;
community facilities; convenience stores;
dwelling-houses; educational establishments; filling of
land; health care premises; home businesses; places of
worship; public buildings; recreation areas; recreation
facilities; research establishments; restaurants; retail
plant nurseries; roads; service stations; shops; tennis
courts in association with a dwelling; utility installations
(other than gas holders or generating works); veterinary
establishments.
Demolition of existing structures.
Strata subdivision of buildings consented to or
approved by the Council.
Development for the purpose of the following (which is
advertised development):
apartment buildings; attached dual occupancies; car
repair stations; caravan parks; clubs; detached dual
occupancies; environmentally integrated housing; guest
houses; hospitals; hotels; medium density housing;
motels; reception establishments; telecommunications
facilities; tourist facilities.
Included in this item is the following complying
development:
additions and alterations related to an existing
dwelling-house, being an addition to the ground floor
only, with not more than 1 metre cut or 0.6 metre fill
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
(that do not increase the number of the storeys in the dwelling); erection of single storey dwelling-houses with not more than 1 metre cut or 0.6 metre fill.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 16—Development of flood liable land 17—Land subject to bushfire hazards 18–23—Conservation of heritage items 30—Preservation of trees 33—Restricted development areas |
Residential 2 (d) (Protected) Zone
1 Objectives of zone
The objectives are:
| (a) | to provide for the residential development of land within the zone having regard to the special development constraints of that land, and |
| (b) | to provide for the preservation of the vegetative, landscape, drainage, scenic and environmental qualities of the land within the zone, and |
| (c) | to make provision for the carrying out of necessary environmental protection works to support residential development of the land within the zone. |
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Development for the purpose of the following:
home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
additions and alterations related to an existing dwelling;
advertising structures; bushfire fighting establishments;
bushfire hazard reduction; child care centres;
community facilities; dwelling-houses; exhibition
homes; filling of land; home businesses; roads; tennis
courts in association with a dwelling; utility installations
(other than gas holders or generating works).
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
attached dual occupancies; environmentally integrated
housing; telecommunications facilities.
Included in this item is the following complying
development:
additions and alterations related to an existing
dwelling-house, being an addition to the ground floor
only, with not more than 1 metre cut or 0.6 metre fill.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 17—Land subject to bushfire hazards 18–23—Conservation of heritage items |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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30—Preservation of trees
33—Restricted development areas
General Business 3 (a) Zone
1 Objectives of zone
The objectives are:
| (a) | to encourage appropriate development for accommodating the retail, commercial and social needs of the community, and |
| (b) | to encourage the development and expansion of business activities which will contribute to the economic growth of, and the creation of, employment opportunities within the area of Baulkham Hills, and |
| (c) | to encourage a wide range of retail, commercial and entertainment facilities in the major business centres of that area, and |
| (d) | to accommodate the establishment of retail, commercial and professional services for local residents in conveniently located centres within the residential precincts where the scale and type of business development is compatible with the amenity of the surrounding areas, and |
| (e) | to provide for limited residential development in conjunction with retail, commercial and professional services. |
2 Development allowed without consent
Development for the purpose of the following:
home activities.
Exempt development.
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Development for the purpose of the following (which is
advertised development):
apartment buildings; hotels; medium density housing;
motels; telecommunications facilities.
Any other development not included in item 2 or 4.
Included in this item is the following complying
development:
different shop use resulting from change of use of a
shop; different commercial premises use resulting from
change of use of commercial premises; internal
alterations related to existing commercial premises;
internal alterations related to an existing shop.
4 Prohibited development
Development for the purpose of the following:
airline terminals; amusement parks; attached dual
occupancies; bus depots; caravan parks; detached dual
occupancies; dwelling-houses; exhibition homes;
extractive industries; gas holders; generating works;
helipads; heliports; home industries; industries;
institutions; junk yards; liquid fuel depots; mines;
offensive or hazardous industries; roadside stalls; road
transport terminals; sawmills; stock and sale yards;
waste disposal.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 18–23—Conservation of heritage items 30—Preservation of trees |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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Special Business 3 (b) Zone
1 Objectives of zone
The objectives are:
| (a) | to support general retail and commercial development of land within Zone No 3 (a) in identified centres by providing land for commercial office development and employment in close proximity to the centres, and |
| (b) | to support general retail and commercial development of land within Zone No 3 (a) in identified centres by providing land for uses which service the needs of activities carried on in those centres, and |
| (c) | to provide for commercial development complementary to other development within the area, and |
| (d) | to facilitate a range of business and commercial development using and developing advanced technology products and processes, and |
| (e) | to provide additional land adjacent to existing commercial centres where a mix of professional, commercial and residential uses can be carried out, and |
| (f) | to provide a buffer between land within Zone No 3 (a) and adjacent residential areas. |
2 Development allowed without consent
Development for the purpose of the following:
home activities.
Exempt development.
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Development for the purpose of the following (which is
advertised development):
apartment buildings; clubs; medium density housing;
telecommunications facilities.
Any other development not included in item 2 or 4.
Included in this item is the following complying
development:
different commercial premises use resulting from a
change of use of commercial premises; internal
alterations related to existing commercial premises.
4 Prohibited development
Development for the purpose of the following:
airline terminals; amusement parks; attached dual
occupancies; bulky goods retailing; bus depots; bus
stations; car repair stations; caravan parks; detached
dual occupancies; dwelling-houses; extractive
industries; generating works; helipads; heliports; home
industries; hotels; industries (other than home
activities); institutions; junk yards; liquid fuel depots;
mines; motor vehicle servicing; offensive or hazardous
industries; road transport terminals; roadside stalls;
sawmills; shops; stock and sale yards; warehouses;
waste disposal.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 18–23—Conservation of heritage items 30—Preservation of trees |
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
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Light Industry 4 (b) Zone
1 Objectives of zone
The objectives are:
| (a) | to encourage activity that will contribute to the economic and employment growth in the area of Baulkham Hills, and |
| (b) | to allow a wide range of industrial, warehousing and manufacturing activities requiring a range of floor areas, together with ancillary uses, the opportunity to locate within that area, and |
| (c) | to provide for associated uses to service the convenience needs of the local workforce, and |
| (d) | to encourage a high standard of industrial development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development, and |
| (e) | to protect the viability of commercial centres by enabling development for the purpose of commercial offices only where it is associated with and ancillary to industrial, manufacturing, warehousing or like land uses on the same land, and |
| (f) | to permit generally large-scale retail and display activities which require extensive site areas, which generate a low return per unit of floor area or which require a relatively free-standing location to facilitate the loading and unloading of goods, provided that such activities cannot appropriately be located in, or would not adversely affect the viability of services offered in Zone No 3 (a), and |
| (g) | to encourage innovative and imaginative design with particular emphasis on the integration of buildings and landscaped areas. |
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Development for the purpose of the following:
home activities.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following (which is
advertised development):
bulky goods retailing; educational establishments;
hotels; motels; telecommunications facilities; waste
disposal.
Any other development not included in item 2 or 4.
Included in this item is the following complying
development:
different use of an industrial unit resulting from a
change of one industrial use to another involving lessthan 500m2 in gross floor area; internal alterations
related to an existing industrial unit or industrial
building (except where gross floor area is increased).
4 Prohibited development
Development for the purpose of the following:
airline terminals; amusement parks; apartment
buildings; attached dual occupancies; caravan parks;
commercial premises (other than banks, timber yards
and those associated with industries); detached dual
occupancies; dwellings (other than those ancillary to
industry and situated on land on which such industry is
conducted); dwelling-houses; exhibition homes;
extractive industries; guest houses; health care premises;
hospitals; industries (other than light industries);
institutions; junk yards; liquid fuel depots; medium
density housing; mines; offensive or hazardous
industries; places of assembly; public buildings (other
than motor registries); reception establishments; retail
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Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
plant nurseries; road transport terminals; roadside stalls; sawmills; shops (other than those listed in Schedule 3); stock and sale yards; tourist facilities.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 18–23—Conservation of heritage items 30—Preservation of trees |
Special Uses 5 (a) (Existing and Proposed) Zone
1 Objectives of zone
The objectives are:
| (a) | to identify land to be or currently used by public authorities, private organisations and the Council to provide urban support facilities and services, and |
| (b) | to identify land reserved for future acquisition by the Council for a range of community facilities and services, and |
| (c) | to identify land which has been reserved at the request of public authorities for their future acquisition to provide a range of urban support facilities and services, and |
| (d) | to identify land which has been acquired by private organisations to provide a range of urban support facilities and services (such as educational establishments), and |
| (e) | to permit land that is not immediately required for Special Use purposes to be used for purposes permissible in adjoining zones where that use is compatible with the existing use or likely future use of the land. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments | |
|
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
| (a) | in relation to land set aside for a particular land use (as indicated by black lettering on the map) other than railways: |
the particular land use for which the land has been set aside; bushfire hazard reduction; community facilities; open space; public buildings; recreation areas; roads; utility installations (other than gas holders or generating works); any other land uses normally associated with and ancillary to the particular use for which the land has been set aside, or
| (b) | in relation to land set aside for use for railways (as indicated by the word “Railways” on the map): |
railways; open space; roads; utility installations; any other land uses normally associated with and ancillary to railways.
Development for the purpose of the following (which is to the land concerned is situated; telecommunications facilities.
advertised development):
any land use specified in item 3 of the matter in this
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
18–23—Conservation of heritage items
25—Acquisition of certain land
25A—Acquisition and development of land
reserved for public transport corridor
25B—Development along public transport
corridors
26A—Acquisition and development of land
reserved for community facilities and local
open space
30—Preservation of trees
Special Uses 5 (b) (Existing and Proposed Roads) Zone
1 Objectives of zone
The objective is to identify land required for existing or proposed roads (including the widening of existing roads) and to provide for the acquisition of this land.
2 Development allowed without consent
Nil.
3 Development allowed only with consent
Development for the purpose of the following:
bushfire hazard reduction; roads; utility installations
(other than gas holders or generating works).
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
telecommunications facilities.
4 Prohibited development
Any development not included in item 2 or 3.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments | |
|
| Clause | 10—Subdivision generally 18–23—Conservation of heritage items 25—Acquisition of certain land 26—Acquisition and development of land reserved for roads 30—Preservation of trees |
Open Space 6 (a) (Existing and Proposed Public
Recreation) Zone
1 Objectives of zone
The objectives are:
| (a) | to ensure there is provision of adequate open space areas to meet the existing and future needs of residents and to provide opportunities to enhance the environmental quality of the area of Baulkham Hills, and |
| (b) | to identify land which is now owned, or proposed to be owned, by the Council and to provide for the acquisition or dedication of this land for open space or public recreational purposes, and |
| (c) | to identify land which is owned by the Crown and is under the care, control and management of the Council as public open space, and |
| (d) | to protect and preserve areas of urban bushland which are considered valuable in terms of its natural heritage significance and recreational, educational, aesthetic and scientific value, and |
| (e) | to provide opportunities for recreation and tourist facilities development on publicly owned land. |
2001 No 438
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| Amendments | Schedule 1 |
2 Development allowed without consent
Development for the purpose of the following: bushfire hazard reduction; open space; works and buildings involved in landscaping.
3 Development allowed only with consent
Development for the purpose of the following:
agriculture (other than aquaculture or dams); bushfire
fighting establishments; caravan parks; caretakers’
dwellings; child care centres; community facilities;
forestry; public buildings; public utility undertakings;
recreation areas; recreation facilities; roads; utility
installations (other than gas holders or generating
works).
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
restaurants; telecommunications facilities.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 15—Minor variations to zone boundaries 18–23—Conservation of heritage items 26A—Acquisition and development of land reserved for community facilities and local open space 27—Development in Zone No 6 (a) 30—Preservation of trees |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
Open Space 6 (b) (Private Recreation) Zone
1 Objectives of zone
The objective is to identify land where private recreation facilities are located or may be developed.
2 Development allowed without consent
Development for the purpose of the following:
bushfire hazard reduction; works for the purposes of
landscaping.
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following:
advertising structures; agriculture; bushfire fighting
establishments; child care centres; community facilities;
forestry; leisure facilities; open space; public buildings;
recreation areas; recreation facilities; roads; utility
installations (other than gas holders or generating
works).
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
clubs associated with recreation facilities; restaurants;
telecommunications facilities; tourist facilities.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 17—Land subject to bushfire hazards 18–23—Conservation of heritage items |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
30—Preservation of trees
33—Restricted development areas
Environmental Protection 7 (a) (Wetlands) Zone
1 Objectives of zone
The objectives are:
| (a) | to conserve the ecological, scenic and environmental attributes of wetland areas, and |
| (b) | to allow development only where it is unlikely to have a significant detrimental effect on wetlands. |
2 Development allowed without consent
Nil.
3 Development allowed only with consent
Development for the purpose of the following:
additions or alterations related to existing dwellings;
agriculture (other aquaculture or dams); bushfire hazard
reduction; dwelling-houses; open space.
Demolition of existing structures.
Development for the purpose of the following (which is
advertised development):
telecommunications facilities.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 12—Subdivision in Zones Nos 1 (a), 1 (b), 1 (c), 1 (d) and 7 (a) 13—Development near the Hawkesbury River |
2001 No 438
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| Schedule 1 | Amendments |
15—Minor variations to zone boundaries
16—Development of flood liable land
17—Land subject to bushfire hazards
18–23—Conservation of heritage items
30—Preservation of trees
31—Restrictions on access
National Parks and Nature Reserves 8 (a) Zone
1 Objectives of zone
The objective is to identify land within a national park, nature reserve, historic site, Aboriginal area or State recreation area within the meaning of the National Parks and Wildlife Act 1974.
2 Development allowed without consent
Any development authorised by or under the National Parks and Wildlife Act 1974 or ancillary or incidental to any such development.
3 Development allowed only with consent
Development for the purpose of the following:
restaurants; utility installations.
Development for the purpose of the following (which is
advertised development):
telecommunications facilities.
4 Prohibited development
Any development not included in item 2 or 3.
5 Related special provisions
Nil.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
Employment Area 10 (a) (Business Park) Zone
1 Objectives of zone
The objectives are:
| (a) | to provide for new industrial, business and office development which will contribute to the economic and social growth of the local government area of Baulkham Hills, and |
| (b) | to provide for the special requirements of industry and business, particularly in the areas of advanced technology and communications, and to cater for the varying needs of employment activities, and |
| (c) | to encourage the development of a new industrial business and office employment area in a location highly accessible to employees, and |
| (d) | to make special provision for industries using and developing advanced technology products and processes, and |
| (e) | to provide facilities for business and industry by allowing development of a range of ancillary commercial, recreational and community facilities and other development activities serving the needs of the business park workforce, and |
| (f) | to create a park-like environment emphasising the integration of all structures and landscaped areas. |
2 Development allowed without consent
Exempt development.
3 Development allowed only with consent
Development for the purpose of the following (which is
advertised development):
bulky goods retailing; recreation facilities;
telecommunications facilities.
Any other development not included in item 2 or 4.
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
Included in this item is the following complying
development:
different commercial premises use resulting from a
change of use of commercial premises; different use of
an industrial unit resulting from a change of oneindustrial use to another involving less than 500m2 in
gross floor area.
4 Prohibited development
Development for the purpose of the following:
amusement parks; apartment buildings; attached dual
occupancies; bus depots; caravan parks; detached dual
occupancies; dwellings (other than those ancillary to
industry and situated on land on which such industry is
conducted); dwelling-houses; exhibition homes;
forestry; generating works; home activities; home
businesses; home industries; industries (other than light
industries); institutions; junk yards; liquid fuel depots;
medium density housing; mines; offensive or hazardous
industries; places of assembly; road transport terminals;
roadside stalls; shops; stock and sale yards; waste
disposal.
5 Related special provisions
| Clause | 10—Subdivision generally 11—Services 15—Minor variations to zone boundaries 18–23—Conservation of heritage items 30—Preservation of trees |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
[5] Clauses 9A and 9B
Insert before clause 10:
| 9A | Exempt development |
| (1) Development listed in Schedule 3A is exempt development, |
but only if:
| (a) | it complies with the requirements for exemption set out for the development in that Schedule, and |
| (b) | it is carried out in a zone in which exempt development is specifically allowed by the Table to clause 9, and |
| (c) | it meets the other requirements for exempt development made by the Act and this clause. |
Note. The Act says development may be exempt development only if it is of minimal environmental impact and can not be exempt development if it is carried out on land:
| (a) | that is critical habitat under the Threatened Species Conservation Act 1995, or |
| (b) | that is within a wilderness area within the meaning of the Wilderness Act 1987. |
| (2) | Development is not exempt development if it is carried out on any of the following land: | |||||||||
|
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| (f) | land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, |
| (g) | environmentally sensitive land, including riparian land, flood prone or flood liable land, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse, |
| (h) | land within a restricted development area as identified in accordance with the provisions of this plan. |
| (3) | Exempt development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out. |
| 9B | Complying development | |
|
| (a) | it is local development (and, consequently, it is not State significant development), and |
| (b) | it is not an existing use, as defined in section 106 of the Act, |
| (c) | it is carried out in a zone for which it is identified as complying development by the Table to clause 9, and |
| (d) | it complies with the development standards and other requirements applied to the development by the Council’s four complying development control plans for residential, employment, business and rural development, respectively, as approved by the Council on 2 May 2000, and |
| (e) | it meets the other requirements made for complying development by the Act and this clause. |
Note. The Act says development may be complying development only if it is not designated development and it is not carried out on land:
| (a) | that is critical habitat under the Threatened Species Conservation Act 1995, or |
| (b) | that is within a wilderness area within the meaning of the Wilderness Act 1987, |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| (c) | that comprises, or on which there is, an item of environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or |
| (d) | that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development. |
| (2) | Development is not complying development if it is carried out on any of the following land: | |||||||||||||||
| ||||||||||||||||
| (3) | Complying development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| (4) | This clause is subject to any other inconsistent provision of this Part. |
| Note. A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the relevant development control plan setting those conditions, as in force when the certificate is issued. |
[6] Clause 35 Advertised development
Insert at the end of the section:
(2) This section refers to provisions of the Act as in force on
30 June 1998.
[7] Schedule 3A
Insert after Schedule 3:
| |||
| |||
| erection and use or carrying out of the following: | |||
| |||
|
| • | Maximum grade 1:20. |
| • | Structurally adequate construction. |
| • | Compliance with any relevant provisions of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| ADVERTISING (including the | The following requirements apply, subject to | ||
| erection of a structure or the | any specific requirements below: | ||
| carrying out of a work)—a |
|
| display of symbols, messages or | device. |
| other devices for promotion or | • | No roof-top signs. |
| for conveying information, | • | No airborne signs or blimps. |
| instructions, directions of the | • | No A-frame boards or signs. |
| like, whether or not the display | • | Advertising structures over public roads |
| includes the erection of a | to be set back at least 600mm from | |
| structure, or the carrying out of a | carriageway edge. | |
| work, which relates to the use of | • | The advertising must relate to the use of |
| the building | the building on (or on the land on) which it is displayed. | |
| • | Compliance with any relevant provisions of the Building Code of Australia, including Section B1 (“Structural Provisions”). |
| 1 | Business identification | • | One per premises. |
| signs where home | • | Signs not exceeding 0.75m2 in area. | |
| occupations are allowed | • | Located wholly within the property boundaries. | |
| • | Shall not be illuminated. | ||
| • | Maximum height of a freestanding sign above ground level is 1.2m. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. | ||
| 2 | Real estate signs | • | One sign per premises or street frontage, |
| (advertising premises/ | whichever is the greater. | ||
| land for sale or rent) in | • | Only until sale or leasing of the dwelling. | |
| areas zoned | • | Each sign not exceeding 2.5m2 in area. | |
| RESIDENTIAL or | • | Located wholly within the property | |
| RURAL | boundary or attached to the existing boundary fence and not projecting more than 100mm from the fence. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. | ||
| 3 | Advertisements within a | • | Compliance with any relevant requirements |
| site but not visible from | of the Building Code of Australia. | ||
| a public place |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements |
| erection and use or carrying out of the following: |
| 4 | A public notice displayed | • | One sign per 20m of street frontage, per |
| by a public body giving | premises. | ||
| information or directions | • | Signs not exceeding 3.5m2 in area. | |
| about the services | • | Located wholly within the property | |
| provided | boundary or attached to the existing boundary fence and not projecting more than 100mm from the fence. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| 5 Temporary signs for | • | One per street frontage. |
| rel igious, | cultural , | • | Not exceeding 1.5m2 in residential areas |
| polit ical, social or | and 3.5m2 in commercial and industrial |
| recreational events | areas. |
| • | Located wholly within the property boundary. |
| • | Does not include commercial advertising apart from name of event sponsor(s). |
| • | Not displayed earlier than 28 days before event and must be removed within 14 days after the event. |
| • | Construction by or for the Council. |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| 6 | Street signs comprising | • | Compliance with any relevant requirements |
| name plates, directional | of the Building Code of Australia. | ||
| signs and advance traffic warning signs |
| AERIALS/ANTENNAE/ | • | For domestic use only. |
| MICROWAVE | • | Structurally adequate construction. |
| ANTENNAE (not including | • | Maximum number of 3 aerials. |
| satellite dishes—dealt with as | • | Maximum height 6m. |
| separate provision) | • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| AIR CONDITIONING |
|
| UNITS FOR DWELLINGS | ambient background noise level measured |
| (attached to external wall or | at the property boundary. |
| ground mounted) | • | Building work must not reduce the structural integrity of the building. |
| • | Any opening created is to be adequately weatherproofed. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| AWNINGS, CANOPIES AND | • | Maximum area 20m2. |
| STORM BLINDS ON | • | Located wholly within property boundaries. |
| DWELLINGS | • | Structurally adequate construction. |
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| BARBECUES | • | Maximum area of 2m2. |
| • | Maximum chimney height of 2m above natural ground level. | |
| • | Located in rear yard area or, if behind a courtyard wall, with no greater than 200mm of the chimney above the wall. | |
| • | Structurally adequate construction. | |
| • | Not located adjoining a property boundary. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements |
| erection and use or carrying out of the following: |
| B I R D | A V I A R I E S — a n | • | Maximum area 10m2 total cumulative |
| enclosure in which birds are | area. |
| kept for domestic purposes only | • | Maximum height 2.1m above natural ground level. |
| • | Non reflective materials. | |
| • | ||
| Located in rear yard and not closer than boundary. | ||
| • | Located a minimum 9m from any dwelling on an adjoining property. | |
| • | Structurally adequate construction. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| CABANAS/GAZEBOS AND | • | Maximum area 10m2. |
| GREEN HOUSES | • | Maximum height 2.4m. |
| • | Not to be used for habitable purposes. | |
| • | Stormwater to be connected to existing stormwater system. | |
| • | Structurally adequate construction. | |
| • | Non reflective surface finishes. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| CLASSROOMS— | • | On land which a government or |
| PORTABLE | non-government school is situated. | |
| • | Height of portable classroom not exceeding 1 storey. | |
| • | Use of portable classroom for not more than 5 years after the date of its erection. | |
| • | Must comply with the minimum road frontage setbacks as required by any locality DCP applying to the subject land. | |
| • | Must be set back a minimum of 3 metres from a side or rear boundary, and 3 metres from any other building on the site. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| CLOTHES HOISTS/LINES |
| ||
| DECKS (unroofed and attached |
| ||
| to dwellings that are not located |
|
| in areas identified by Council as | than 1m above existing ground level. |
| bushfire prone) | • | Boundary setbacks for existing dwelling to be maintained. |
| • | Structurally adequate construction. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| DEMOLITION | • | Where erection of the structure is exempt development under the provisions of this plan. |
| • | accordance with Australian Standard | |
| Demolition must be carried out in structures. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| FENCES (other than fences | • | All fences are to be constructed so that |
| covered by the Swimming | they do not prevent the natural flow of | |
| Pools Act 1992) | stormwater drainage/run off. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
1 Boundary fences
|
| (between the | timber, metal or lightweight materials. |
| building line and street or any other public place) and front fences. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements |
| erection and use or carrying out of the following: |
| (b) | Side fences | • | Maximum height 1.8m if constructed of |
| (between the | timber, metal or lightweight materials. | ||
| building line and the rear boundary) and rear boundary fences. |
| 2 | Masonry or Brick fences | • | Maximum height of 1m. |
| 3 | Security fences | • | Chain wire type fences around Council owned compounds and depots. |
| 4 | Rural | zones—Electric | • | To be erected in accordance with |
| fences, in areas zoned | AS 3014–1991—Electrical |
| RURAL only | installations—Electric fences. |
| FLAGPOLES in residential | • | Maximum height 6m above ground level. |
| zones | • | Must be structurally adequate. |
| • | Installed to manufacturer’s specifications. | |
| • | If flagpoles are to project over a public road they must comply with the Local Government (Approvals) Regulation | |
| 1999. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| FLAGPOLES in commercial or | • | Maximum height 9m above natural |
| industrial zones | ground level. | |
| • | Approval needed for any corporate flags. | |
| • | Must be structurally adequate. | |
| • | Installed to manufacturer’s specifications. | |
| • | If flagpoles are to project over a public road they must comply with the Local Government (Approvals) Regulation | |
| 1999. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| FOWL HOUSE (for the |
|
| keeping of chickens, hens and | contained in the Local Government |
| roosters), in areas zoned | (Orders) Regulation 1999. |
| RURAL only | • | Maximum area of 50m2. |
| • | Must be structurally adequate. | |
| • | Maximum height of 3m. | |
| • | Not more than one per property. | |
| • | Materials used must be non reflective. | |
| • | Adequate drainage must be provided. | |
| FUEL TANKS used in | • | Maximum size 5,000 litres. |
| conjunction with agricultural | • | Constructed of prefabricated metal, |
| activities on properties in | freestanding and not relying on other | |
| excess of 2 hectares in areas | structures for support. | |
| zoned RURAL | • | Erected in accordance with manufacturer’s specification. |
| • | Kept in accordance with AS 1940–1993—The storage and handling of flammable and combustible liquids, including requirements for bunding. | |
| • | Not to be erected within 20m of the street boundary or within 4m of the side or rear boundary. | |
| • | Wholly within the boundaries of the property and not to encroach on any registered easements. | |
| • | Clearance from power lines to be in accordance with relevant electricity authority requirements. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements | ||||||||||||||||
| erection and use or carrying out of the following: | |||||||||||||||||
| GARDEN SHEDS |
| ||||||||||||||||
| HORSE STABLES (keeping |
|
| up to 4 horses), and ANIMAL | (Orders) Regulation 1999. |
| SHELTERS in areas zoned | • | Maximum size 50m2 and maximum |
| RURAL only) | height 3.0m. | |
| • | Constructed of timber (cut or round) or metal. | |
| • | Any cladding to have a low reflective finish and be fixed in accordance with manufacturer’s specification. | |
| • | Erected within the boundaries of the property and not within 20m of a road boundary or 4m from the side or rear boundaries. | |
| • | Not to encroach on any registered easement. | |
| • | Structurally adequate construction. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. | |
| LANDSCAPING | • | Landscaping works carried out in conjunction with other exempt development. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| LETTER BOX (free standing |
|
| or in “banks”) | level. |
| • | Sufficient boxes to provide one for each occupancy. |
| • | Appropriate numbering for each box. |
| • | Structurally stable with adequate footings. |
| • | Located within property. |
MINOR ALTERATIONS
1 Residential premises
|
Applies only to replacement of doors, vanities, cupboards and wardrobes.
| • | Applies only to alterations or renovations to previously completed buildings. |
| • | arrangements for light and ventilation needs, reduced doorways for egress |
Work not to cause reduced window areas.
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| (b) | External | • | Being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work, but does not include the enlargement or |
| extension of the building or work. | |||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements |
| erection and use or carrying out of the following: |
2 Commercial premises
|
of the building.
| • | Floor area not to exceed 20m2. |
| • | Work must not compromise fire safety or affect accessibility to a fire exit. |
| • | configuration of rooms whether by |
Work must not include changes to the structural support.
| • | Food premises to comply with A Guide to Food Safety Standards (ANZFA 2001). |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| (b) | External | • | Being changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work, but does not include a reference to the |
| enlargement or extension of the building or work. | |||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| PATIO AT GROUND | • | Stormwater from patio surface not to be |
| LEVEL abutting a dwelling | redirected into adjoining property. | |
| • | Sufficient step down is to be provided to prevent the entry of water into the dwelling. | |
| • | Structurally adequate construction. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||||||||||
| erection and use or carrying out of the following: | |||||||||||
| PERGOLA |
| ||||||||||
| PLAYGROUND EQUIPMENT (excluding Cubby Houses see below) |
| (a) | Residential Use | • | Maximum height of 2.1m |
| • | Maximum ground coverage of 10m2. | ||
| • | a pool safety fence measured in accordance with AS 1926.2–1995—Swimming pool | ||
| Structure must be at least 1.2m away from swimming pools. | |||
| • | Compliance with any relevant requirements of the Building Code of Australia. | ||
| (b) | Non Residential Use | • | Maximum height of 2.1m. |
| • | Maximum ground coverage of 10m2. | ||
| • | Adequate safety arrangements, including soft landing surfaces to be provided. | ||
| • | a pool safety fence measured in accordance with | ||
| Structure must be at least 1.2m away from safety—Fencing for swimming pools. | |||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| Cubby Houses |
|
Must be installed in accordance with operation).
| • | a pool safety fence measured in accordance with AS 1926.2–1995—Swimming pool |
Structure must be at least 1.2m away from swimming pools.
| • | Maximum height of 2.1m. |
| • | Maximum area 10m2. |
| • | Installed to manufacturer’s specification. |
| • | Structurally adequate construction on a uniformly stable foundation. |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| PRIVACY SCREENS | • | Maximum height 2.4m. |
| • | Maximum length 10m. | |
| • | Must be installed in rear yard. | |
| • | Construction of translucent materials. | |
| • | Structurally adequate construction. | |
| • | Must be free standing and not attached to boundary fence without adjoining owner’s consent. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| RE-CLADDING OF |
|
| ROOFS OR WALLS or | materials with similar materials which are |
| repair/maintenance of damaged | compatible with the existing building and |
| materials | finish. |
| • | Re-cladding must not involve structural alterations or change to the external configuration of a building. |
| • |
Must comply with requirements of the of lead paint and asbestos cement.
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements | ||||
| erection and use or carrying out of the following: | |||||
| RETAINING WALLS |
|
AS 3700–1998—Masonry structures
(including Amdts 1–1999 and
2–2000),
AS 3600–1994—Concrete structures
(including Amdt 1–1996),
AS 1170.1–1989—Minimum design
loads on structures (known as the SAA
Loading Code)—Dead and live loads
and load combinations (including
Amdt 1–1993) and
AS 1170.2–1989—Minimum design
loads on structures (known as the SAA
Loading Code)—Wind loads
(including Amdts 1–1991, 2–1993 and
3–1993).
| • | Timber walls to comply with: AS 1720.1–1997—Timber structures—Design methods |
(including Amdts 1–1998, 2–2000 and
3–2001),
AS 1170.1–1989—Minimum design
loads on structures (known as the SAA
Loading Code)—Dead and live loads
and load combinations (including
Amdt 1–1993) and
AS 1170.2–1989—Minimum design
loads on structures (known as the SAA
Loading Code)—Wind loads
(including Amdts 1–1991, 2–1993 and
3–1993).
| • | All retaining walls are to be constructed so that they do not prevent the natural flow of stormwater drainage/run off. |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements |
| erection and use or carrying out of the following: | |
| SATELLITE DISHES |
| 1 | Residential | • | Mounted on the ground only. |
| • | Maximum height of 2.4m above natural ground level. | ||
| • | Maximum diameter 1m. | ||
| • | One installation per dwelling. | ||
| • | A minimum of 900mm from a property boundary. | ||
| • | Situated no closer to the street than the associated dwelling. | ||
| • | Building. | ||
| • | One installation per dwelling. | ||
| • | Located below the ridge of the dwelling. | ||
| • | Structurally stable. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. | ||
| 2 | Commercial |
| (a) | Ground Mounted | • | Maximum height and diameter of 2.4m. |
| • | |||
| Situated a minimum of 900mm from the residential. | |||
| • | One installation per property. | ||
| • | Structurally stable. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. | ||
| (b) | Roof Mounted | • | Maximum diameter of 2.0m. |
| • | To be located a minimum of 900mm off all property boundaries. | ||
| • | One installation per building. | ||
| • | Structurally stable. | ||
| • | Freestanding 2.4m. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| SHEDS for or in conjunction |
|
| with agricultural activities in | 1 (c) or 1 (d). |
| areas zoned RURAL only | • | Maximum size 50m2 cumulative and maximum height 5m. |
| • | Structurally adequate construction. | |
| • | Constructed of non reflective materials and prefabricated metal. | |
| • | Roof water is not to discharge onto adjoining properties and is to be directed to a water tank or 3m clear of any structure. | |
| • | To be erected within the boundaries of the allotment and not within 20m of a boundary adjoining a road or within 10m | |
| of rear and side boundaries. | ||
| • | Not to encroach into any registered easement. | |
| • | To be located clear of septic disposal area or other services. | |
| • | Not to be erected above the height of land ridge lines or within 20m of a dwelling on an adjoining property. | |
| • | Not a machinery or hay shed unrelated to the normal agricultural activities on the property. | |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| SKYLIGHT/ROOF |
|
| WINDOWS | 2m2. |
| • | Located not less than 900mm from a property boundary and not less than 900mm from a wall separating attached |
dwellings.
| • |
The building work must not reduce the involve structural alterations.
| • | Any opening created by the installation must be adequately weatherproofed. |
| • | Installation must be to manufacturer’s instructions. |
| • | Compliance with any relevant provisions of the Building Code of Australia. |
| SOLAR WATER | • | Installed to manufacturer’s specifications |
| HEATERS AND SOLAR | and requirements. | |
| PANELS | • | Installed by a licensed tradesperson. |
| • | Associated building work must not reduce the structural integrity of the building or involve structural alterations. | |
| • | Any openings created by an installation must be adequately weatherproofed. | |
| • | Must not protrude above the ridge level. | |
| STOCKYARDS AND | • | Maximum yard area of 0.5 hectare. |
| SHELTERS in conjunction | • | Maximum height of shelters 2.7m. |
| with normal agricultural | • | Structurally adequate construction. |
| activities on the property | • | Constructed of timber or metal. |
| excluding commercial or | • | Not to be erected within 20m of the street |
| intensive uses only in areas | boundary or within 4m of the side or ear | |
| zoned RURAL | boundary. | |
| • | Sited wholly within the boundaries of the property and not within 50m of a water course, a dwelling on an adjoining property or any registered easement. | |
| • | Must be used in association with normal agricultural activities on the property. | |
| • | Compliance with any relevant provisions of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Schedule 1 | Amendments |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| WATER HEATERS |
| ||
| (excluding solar systems) |
|
The work must not reduce the structural structural alterations.
| • | Installation to be carried out by a licensed person. |
WATER TANKS at or above
ground level
| 1 | Rural areas | • | Maximum 17,000 litres capacity per |
| (up to 2 tanks per | above ground tank, 60,000 litres per | ||
| dwelling and another 2 | inground tank. | ||
| associated with farm | • | Maximum height of 2.4m above natural | |
| buildings not near a | ground level. | ||
| dwelling) | • | Situated no closer to a street than an associated dwelling. | |
| • | Must be structurally adequate. | ||
| • | All tanks/tank stand installations to be structurally sound and comply with the manufacturers and/or designer’s | ||
| instructions. | |||
| • | Compliance with any relevant requirements of the Building Code of Australia. | ||
| 2 | Urban areas | • | Maximum installed height above ground |
| (One per dwelling or other | level of 2.0m including any stand | ||
| premises) | (Maximum stand height 450mm). | ||
| • | Maximum storage capacity of 5,000 litres. | ||
| • | Located no closer to the street than the associated dwelling. | ||
| • | All tanks/tank stand installations to be structurally sound and comply with the manufacturers and/or designer’s | ||
| instructions. | |||
| • | Pumps not to cause a noise nuisance. | ||
| • | Compliance with any relevant requirements of the Building Code of Australia. |
2001 No 438
Baulkham Hills Local Environmental Plan 1991 (Amendment No 74)
| Amendments | Schedule 1 |
| Development consisting of | Exemption requirements | ||
| erection and use or carrying out of the following: | |||
| WINDMILLS in areas zoned |
|
| RURAL only | of the property and not to encroach onto any registered easement. |
| • | Free-standing and not relying on other structures for support. |
| • |
Clearance from power lines in accordance requirements.
| • | Installed in accordance with the manufacturer’s specifications. |
| • | To be built in accordance with engineer’s certification for the structure and footings. |
| • | Not to encroach into any registered easement. |
| • | Compliance with any relevant requirements of the Building Code of Australia. |
| WINDOWS, GLAZED | • | Replacement in residential premises with | |
| AREAS AND EXTERNAL | materials that comply with: | ||
| DOORS (excluding windows |
|
| in buildings listed as items of | buildings—Selection and |
| environmental heritage or in a | installation (including Amdts |
| conservation area) | 1–1997 and 2–2000), and |
| (b) | AS/NZS 2208–1996—Safety |
(including Amdt 1–1999).
| • | No reduction in the area provided for light and ventilation is permitted and structural support members cannot be removed. |
| • | For commercial/industrial premises the reflectivity index not to exceed 20%. |
| • | appearance of the building or work, being changes that involve the repair or renovation or decoration, but does not |
Being changes to the external fabric or extension of the building or work.
| • | Compliance with any relevant requirements of the Building Code of Australia. |
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