Baulkham Hills Local Environmental Plan 1991 (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Baulkham Hills Local Environmental Plan 1991.

2Aims, objectives etc(1)

The aims of this plan are:

• (a)

  to provide planning controls for the Shire which update and consolidate into a single local environmental plan the various planning controls that currently apply to the Shire, and

• (b)

  to create a broad framework of controls and allow the opportunity for more detailed provisions relating to matters of local significance to be contained in development control plans, and

• (c)

  to promote the efficient utilisation of land, services and support facilities in existing urban areas and to provide for the orderly growth of new urban areas which promote a high level of residential amenity, and

• (d)

  to facilitate and encourage development which is compatible with the environmental amenity and heritage of the Shire, and

• (e)

  to facilitate the implementation of the objects of the Environmental Planning and Assessment Act 1979.

(2)

The objectives of this plan are:

• (a)

  to modify planning controls having regard to growth and change in the Shire, and

• (b)

  to protect areas from inappropriate development and ensure that local amenity is maintained and enhanced, and

• (c)

  to encourage a high standard of employment related development suited to the environmental quality of the Shire, and

• (d)

  to maintain and improve commercial development opportunities in the business areas identified in this plan, and

• (e)

  to co-ordinate the economic and equitable provision and utilisation of community facilities and services, and

• (f)

  to provide opportunities for public and private recreation facilities related to local needs, and

• (g)

  to provide opportunities for tourism and recreational development in appropriate locations, and

• (h)

  to recognise and provide for the variety of agricultural, recreational, residential, natural, cultural and other land uses which form the rural environment of the Shire, and

• (i)

  to ensure that environmentally sensitive areas are identified and suitably protected, and

• (j)

  to conserve the environmental heritage of the Shire, and

• (k)

  to encourage a safe and efficient transport network connecting land use activities within the Shire and adjoining areas.

3Land to which plan applies

This plan applies to the land within the Shire of Baulkham Hills as shown on the map, with boundaries as indicated on the map.

4Relationship to other environmental planning instruments

This plan repeals:

• (a)

  the Shire of Baulkham Hills Planning Scheme Ordinance, and

• (b)

  such other local environmental plans and deemed environmental planning instruments as, immediately before the appointed day, applied to the land to which this plan applies, but to the extent only to which those plans and instruments applied to the land to which this plan applies.

5Definitions(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

• (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 where each dwelling does not necessarily have direct access to private open space at natural ground level.

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

• (i)

  provides a smoke detection system in the building in accordance with requirements of AS 3786 which is:

  • (i)

    connected to a permanent 240V power supply,

  • (ii)

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

• (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, and

• (c)

  a floor space area of no less than 500 square metres,

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.

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.

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.

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.

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 a total 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.

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.

heritage item means a building, work, relic or place described in Schedule 1.

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:

  • (i)

    interfere with the amenity of the locality by reason of pollution, or

  • (ii)

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

  • (iii)

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

  • (iv)

    involve the employment of persons other than residents of the dwelling, or

  • (v)

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

  • (vi)

    result in a significant increase in traffic, and

• (d)

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

• (e)

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

• (f)

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

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:

  • (i)

    interfere with the amenity of the locality by reason of pollution, or

  • (ii)

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

  • (iii)

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

  • (iv)

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

  • (v)

    result in a significant increase in traffic, and

• (d)

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

• (e)

  there is a maximum of one 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

• (c)

  the industry does not:

  • (i)

    interfere with the amenity of the locality by reason of pollution, or

  • (ii)

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

  • (iii)

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

  • (iv)

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

  • (v)

    result in a significant increase in traffic,

• (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:

• (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.

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.

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.

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.

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:

  • (i)

    the Council, or

  • (ii)

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

but does not include a racecourse or a showground.

recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but 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.

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

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

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

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.

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).

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

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

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

telecommunications facility means:

• (a)

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

• (b)

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

but does not include:

• (c)

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

• (d)

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

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Baulkham Hills Local Environmental Plan 1991” as amended by the maps marked as follows:

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 1)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 2)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 3)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 4)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 6)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 7)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 8)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 9)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 13),

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 15)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 17)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 18)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 19)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 22)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 25)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 26)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 27)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 29)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 31)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 32)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 33)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 35)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 36)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 38)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 40)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 41)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 42)

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  Baulkham Hills Local Environmental Plan 1991 (Amendment No 43)

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  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)

• •

  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 85)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 86)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 87)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 88)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 89)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 90)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 92)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 94)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 95)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 96)

• •

  Baulkham Hills Shire Council Local Environmental Plan 1991 (Amendment No 97)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 98)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 99)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 102)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 104)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 105)

• •

  Baulkham Hills Local Environmental Plan 1991 (Amendment No 106)

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

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

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

tree means a perennial plant with a self-supporting woody stem 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.

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

warehouse means a building or place used for the storage of goods, merchandise or materials, 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)

In this plan:

• (a)

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

• (b)

  a reference to a map is a reference to a map deposited in the office of the Council, and

• (c)

  a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner specified in clause 8 as the means of identifying land of the zone so specified.

(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.

6Adoption of model provisions

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

7Consent authority

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

Part 2General restrictions on development of land8Zones indicated on the map

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

• •

  Rural 1 (a) Zone (Zone No 1 (a))—coloured light brown and lettered “1 (a)”.

• •

  Rural 1 (b) Zone (Zone No 1 (b))—coloured light brown, edged red and lettered “1 (b)”.

• •

  Rural 1 (c) Zone (Zone No 1 (c))—coloured light brown, edged red and lettered “1 (c)”.

• •

  Rural 1 (d) Zone (Zone No 1 (d))—coloured light brown, edged red and lettered “1 (d)”.

• •

  Residential 2 (a) Zone (Zone No 2 (a))—coloured light scarlet, edged red and lettered “2 (a)”.

• •

  Residential 2 (a1) Zone (Zone No 2 (a1))—coloured light scarlet, edged red and lettered “2 (a1)”.

• •

  Residential 2 (a2) Zone (Zone No 2 (a2))—coloured light scarlet, edged red and lettered “2 (a2)”.

• •

  Residential 2 (a3) Zone (Zone No 2 (a3))—coloured light scarlet, edged red and lettered “2 (a3)”.

• •

  Residential 2 (a4) (Rouse Hill Regional Centre) Zone (Zone No 2 (a4))—coloured dark scarlet, edged red and lettered “2 (a4)”.

• •

  Residential 2 (b) Zone (Zone No 2 (b))—coloured light scarlet and lettered “2 (b)”.

• •

  Residential 2 (c) (Tourist Village) Zone (Zone No 2 (c))—coloured light scarlet and lettered “2 (c)”.

• •

  Residential 2 (d) (Protected) Zone (Zone No 2 (d))—coloured light scarlet, edged red and lettered “2 (d)”.

• •

  Residential 2 (e) Zone (Zone No 2 (e))—coloured light scarlet, edged black and lettered “2 (e)”.

• •

  General Business 3 (a) Zone (Zone No 3 (a))—coloured light blue and lettered “3 (a)”.

• •

  Special Business 3 (b) Zone (Zone No 3 (b))—coloured medium blue and lettered “3 (b)”.

• •

  Service Business 3 (c) Zone (Zone No 3 (c))—coloured dark blue and lettered “3 (c)”.

• •

  Light Industry 4 (b) Zone (Zone No 4 (b))—coloured purple and lettered “4 (b)”.

• •

  Special Uses 5 (a) (Existing and Proposed) Zone (Zone No 5 (a))—coloured yellow with black lettering and lettered “5 (a)”.

• •

  Special Uses 5 (b) (Existing and Proposed Roads) Zone (Zone No 5 (b))—coloured grey, with classified roads shown by a blue centreline.

• •

  Special Uses 5 (c) (Trunk Drainage and Conservation) Zone (Zone No 5 (c))—coloured yellow with black lettering and lettered “5 (c)”.

• •

  Open Space 6 (a) (Existing and Proposed Public Recreation) Zone—(Zone No 6 (a)) coloured light green and lettered “6 (a)”.

• •

  Open Space 6 (b) (Private Recreation) Zone—(Zone No 6 (b)) coloured dark green and lettered “6 (b)”.

• •

  Environmental Protection 7 (a) (Wetlands) Zone—(Zone No 7 (a))—coloured orange and lettered “7 (a)”.

• •

  National Parks and Nature Reserves 8 (a) Zone (Zone No 8 (a))—edged green and lettered “8 (a)”.

• •

  Employment Area 10 (a) (Business Park) Zone (Zone No 10 (a))—coloured light blue, edged purple and lettered “10 (a)”.

9Zone objectives, development control table and related special provisions(1)

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

(2)

Except as otherwise provided by this plan, consent must not be granted for development unless the consent authority is satisfied that the development is consistent with one or more of the aims and objectives of this plan or one or more of the objectives of the zone within which it will be carried out.

(3)

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

• (a)

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

• (b)

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

• (c)

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

(4)

If exempt development is allowed to be carried out in a zone, the kinds of exempt development that may be carried out and the conditions subject to which 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.

(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.

Rural 1 (a) Zone1Objectives 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.

2Development 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.

3Development allowed only with consent

Development for the purpose of the following:

• •

  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; renewable energy facilities; retail plant nurseries; roads; roadside stalls; rural industries (other than poultry processing); rural workers’ dwellings; sheds; stables; stock and sale yards; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.

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.

Included in this item is the following complying development:

• •

  additions and alterations to an existing dwelling-house; erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

5Related 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

Rural 1 (b) Zone1Objectives 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.

2Development 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.

3Development 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; renewable energy facilities; restaurants; retail plant nurseries; roads; roadside stalls; rural industries; rural workers’ dwellings; sawmills; sheds; stables; stock and sale yards; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.

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.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house; erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

5Related 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

Rural 1 (c) Zone1Objectives 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.

2Development 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.

3Development 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; renewable energy facilities; retail plant nurseries; roads; roadside stalls; rural industries (other than poultry processing); rural workers’ dwellings; sheds; stables; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments; wholesale plant nurseries.

Demolition of existing structures.

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

• •

  aquaculture; attached dual occupancies; clubs; educational establishments; hospitals; restaurants; research establishments; telecommunications facilities.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house; erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

5Related 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

Rural 1 (d) Zone1Objectives 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.

2Development allowed without consent

Development for the purpose of the following:

• •

  bed and breakfast establishments; bushfire hazard reduction; home activities.

Exempt development.

3Development 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; renewable energy facilities; roads; roadside stalls; sheds; stables; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments.

Demolition of existing structures.

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

• •

  attached dual occupancies; educational establishments; research establishments; telecommunications facilities.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house; erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

5Related 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) Zone1Objectives of zone

The objectives are:

• (a)

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

• (b)

  to provide for development for medium-density housing forms (including apartment buildings, town houses, villas, 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:

  • (i)

    is capable of visual integration with the surrounding environment, and

  • (ii)

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

  • (iii)

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

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development 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; telecommunications facilities; town houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with 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.

4Prohibited development

Development for the purpose of the following:

• •

  bed and breakfast establishments; home industries; land uses specified in Schedule 2 (other than renewable energy facilities); places of assembly.

5Related 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

Clause 41—Minimum site area for apartment buildings, town houses and villas

Clause 42—Variations to minimum site area provisions for apartment buildings, town houses and villas

Clause 43—Sites adjoining apartment buildings, town houses and villas

Clause 44—Access to a classified road—Urban

Clause 45—Savings and transitional provision

Residential 2 (a1) Zone1Objectives of zone

The objectives are:

• (a)

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

• (b)

  to identify those localities which are capable of supporting an increase in housing density and population, and

• (c)

  to increase housing density in locations adjacent to the main activity centres of the Shire, and

• (d)

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

• (e)

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

• (f)

  to ensure that any development carried out:

  • (i)

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

  • (ii)

    has regard to the privacy of existing and future residents, and

  • (iii)

    has regard to the transmission of noise between dwellings, and

  • (iv)

    minimises energy consumption and utilises passive solar design principles, and

  • (v)

    retains significant vegetation, and

  • (vi)

    incorporates landscaping within building setbacks and open space areas, and

  • (vii)

    incorporates landscaping within building setbacks and open space areas, and

• (g)

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

• (h)

  to allow a range of development, ancillary to residential uses, which:

  • (i)

    is capable of visual integration with the surrounding environment, and

  • (ii)

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

  • (iii)

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

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development 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; telecommunication facilities; town houses; villas.

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with 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.

4Prohibited development

Development for the purposes of the following:

• •

  home industries; places of assembly; purposes specified in Schedule 2.

5Related special provisions

Clause 10—Subdivision generally

Clause 11—Services

Clause 15—Minor variations to zone boundaries

Clause 17—Land subject to bushfire hazards

Clauses 18–23—Conservation of heritage items

Clause 30—Preservation of trees

Clause 33—Restricted development areas

Clause 41—Minimum site area for apartment buildings, town houses and villas

Clause 42—Variations to minimum site area provisions for apartment buildings, town houses and villas

Clause 43—Sites adjoining apartment buildings, town houses and villas

Clause 44—Access to a classified road—Urban

Clause 45—Savings and transition provision

Residential 2 (a2) Zone1Objectives of zone

The objectives are:

• (a)

  to provide for development for town houses, villas and the like in locations close to established public transport routes and the main activity centres of the Shire, and

• (b)

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

• (c)

  to ensure that any development carried out:

  • (i)

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

  • (ii)

    has regard to the privacy of existing and future residents, and

  • (iii)

    has regard to the transmission of noise between dwellings, and

  • (iv)

    minimises energy consumption and utilises passive solar design principles, and

  • (v)

    retains significant vegetation, and

  • (vi)

    incorporates landscaping within building setbacks and open space areas, and

  • (vii)

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

• (d)

  to encourage a diversity of dwelling types, and

• (e)

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

• (f)

  to allow a range of development, ancillary to residential uses, which:

  • (i)

    is capable of visual integration with the surrounding environment, and

  • (ii)

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

  • (iii)

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

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development allowed only with consent

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

• •

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

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with 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.

4Prohibited development

Development for the purposes of the following:

• •

  apartment buildings; home industries; places of assembly; purposes specified in Schedule 2 (other than renewable energy facilities).

5Related special provisions

Clause 10—Subdivision generally

Clause 11—Services

Clause 15—Minor variations to zone boundaries

Clause 17—Land subject to bushfire hazards

Clauses 18–23—Conservation of heritage items

Clause 30—Preservation of trees

Clause 33—Restricted development areas

Clause 41—Minimum site area for apartment buildings, town houses and villas

Clause 42—Variations to minimum site area provisions for apartment buildings, town houses and villas

Clause 43—Sites adjoining apartment buildings, town houses and villas

Clause 44—Access to a classified road—Urban

Clause 45—Savings and transition provision

Residential 2 (a3) Zone1Objectives of zone

The objectives are:

• (a)

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

• (b)

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

• (c)

  to ensure that any development carried out:

  • (i)

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

  • (ii)

    has regard to the privacy of existing and future residents, and

  • (iii)

    has regard to the transmission of noise between dwellings, and

  • (iv)

    minimises energy consumption and utilises passive solar design principles, and

  • (v)

    retains significant vegetation, and

  • (vi)

    incorporates landscaping within building setbacks and open space areas, and

  • (vii)

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

• (d)

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

• (e)

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

• (f)

  to allow a range of development, ancillary to residential uses, which:

  • (i)

    is capable of visual integration with the surrounding environment, and

  • (ii)

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

  • (iii)

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

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development allowed only with consent

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

• •

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

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with 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.

4Prohibited development

Development for the purposes of the following:

• •

  apartment buildings; home industries; places of assembly; purposes specified in Schedule 2 (other than renewable energy facilities); town houses.

5Related special provisions

Clause 10—Subdivision generally

Clause 11—Services

Clause 15—Minor variations to zone boundaries

Clause 17—Land subject to bushfire hazards

Clauses 18–23—Conservation of heritage items

Clause 30—Preservation of trees

Clause 33—Restricted development areas

Clause 41—Minimum site area for apartment buildings, town houses and villas

Clause 42—Variations to minimum site area provisions for apartment buildings, town houses and villas

Clause 43—Sites adjoining apartment buildings, town houses and villas

Clause 44—Access to a classified road—Urban

Clause 45—Savings and transition provision

Residential 2 (a4) (Rouse Hill Regional Centre) Zone1Objectives of zone

The objectives are:

• (a)

  to maximise opportunities for residential development in close proximity to the facilities and services of the Rouse Hill Regional Centre, and

• (b)

  to promote a range of housing types and styles, and

• (c)

  to provide opportunities for affordable housing, and

• (d)

  to integrate residential development with public transport facilities, and

• (e)

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

  • (i)

    visually integrating with the surrounding environment, and

  • (ii)

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

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development allowed only with consent

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

• •

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

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with 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.

4Prohibited development

Development for the purpose of the following:

• •

  home industries; places of assembly; purposes specified in Schedule 2 (other than commercial premises in conjunction with shop top housing; motels; renewable energy facilities; restaurants; shop top housing and shops in conjunction with shop top housing).

5Related 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
46—Rouse Hill Regional Centre

Residential 2 (b) Zone1Objectives 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

• (d)

  to allow a range of development, ancillary to residential uses, which:

  • (i)

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

  • (ii)

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

  • (iii)

    does not place excessive demand on services.

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development 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.

4Prohibited development

Development for the purpose of the following:

• •

  apartment buildings; bed and breakfast establishments; environmentally integrated housing; home industries; land uses specified in Schedule 2 (other than renewable energy facilities); places of assembly; town houses; villas.

5Related 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

Clause 44—Access to a classified road—Urban.

Residential 2 (c) (Tourist Village) Zone1Objectives 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:

  • (i)

    is capable of visual integration with the surrounding environment, and

  • (ii)

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

  • (iii)

    does not place excessive demands on services, and

• (e)

  to provide for tourist orientated activities that are appropriately located in the village setting.

2Development allowed without consent

Development for the purpose of the following:

• •

  bed and breakfast establishments; home activities.

Exempt development.

3Development 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; renewable energy facilities; research establishments; restaurants; retail plant nurseries; roads; service stations; shops; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments.

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; motels; reception establishments; telecommunications facilities; tourist facilities; town houses; villas.

Included in this item is the following complying development:

• •

  additions and alterations related to an existing dwelling-house, being an addition to the ground floor only, with not more than 1 metre cut or 0.6 metre fill (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.

4Prohibited development

Any development not included in item 2 or 3.

5Related 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

Clause 41—Minimum site area for apartment buildings, town houses and villas

Clause 42—Variations to minimum site area provisions for apartment buildings, town houses and villas

Clause 43—Sites adjoining apartment buildings, town houses and villas

Clause 44—Access to a classified road—Urban

Clause 45—Savings and transitional provision

Residential 2 (d) (Protected) Zone1Objectives 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.

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development 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; renewable energy facilities; 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.

4Prohibited development

Any development not included in item 2 or 3.

5Related 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

Clause 44—Access to a classified road—Urban.

Residential 2 (e) Zone1Objectives of zone

The objectives are:

• (a)

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

• (b)

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

• (c)

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

2Development allowed without consent

Exempt development.

3Development allowed only with consent

Development for the purpose of the following:

• •

  dwelling-houses; open space; renewable energy facilities; retaining walls.

Additions and alterations to an existing dwelling.

Demolition of existing structures.

4Prohibited development

Any development not included in item 2 or 3.

General Business 3 (a) Zone1Objectives 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 local government area of Baulkham Hills, and

• (c)

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

• (d)

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

• (e)

  to ensure that the scale and type of business development within the zone is compatible with the character and amenity of surrounding areas, and

• (f)

  to integrate retail and commercial activities with public transport facilities, and

• (g)

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

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development allowed only with consent

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

• •

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

Any other development not included in item 2 or 4.

Included in this item is the following complying development:

• •

  different 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.

4Prohibited 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 (other than renewable energy facilities); 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.

5Related 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
46—Rouse Hill Regional Centre

Special Business 3 (b) Zone1Objectives 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.

2Development allowed without consent

Development for the purpose of the following:

• •

  home activities.

Exempt development.

3Development allowed only with consent

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

• •

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

The following requirements apply, subject to any specific requirements below: • No moving or flashing sign or other device. • No roof-top signs. • No airborne signs or blimps. • No A-frame boards or signs. • Advertising structures over public roads to be set back at least 600mm from carriageway edge. • The advertising must relate to the use of 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 signs where home occupations are allowed	• One per premises. • Signs not exceeding 0.75m2 in area. • 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 Business Real estate signs (advertising premises / land for sale or rent) in areas zoned RESIDENTIAL or RURAL	• One sign per premises or street frontage, whichever is the greater. • Only until sale or leasing of the dwelling. • Each sign not exceeding 2.5m2 in area. • Located wholly within the property 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 site but not visible from a public place	• Compliance with any relevant requirements of the Building Code of Australia.
4 A public notice displayed by a public body giving information or directions about the services provided	• One sign per 20m of street frontage, per premises. • Signs not exceeding 3.5m2 in area. • Located wholly within the property 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 religious, cultural, political, social or recreational events	• One per street frontage. • Not exceeding 1.5m2 in residential areas and 3.5m2 in commercial and industrial 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 name plates, directional signs and advance traffic warning signs	• Compliance with any relevant requirements of the Building Code of Australia.
AERIALS / ANTENNAE / MICROWAVE ANTENNAE (not including satellite dishes—dealt with as separate provision)	• For domestic use only. • Structurally adequate construction. • Maximum number of 3 aerials. • Maximum height 6m. • Compliance with any relevant requirements of the Building Code of Australia.
AIR CONDITIONING UNITS FOR DWELLINGS (attached to external wall or ground mounted)	• Noise level not to exceed 5dBA above ambient background noise level measured at the property boundary. • 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 STORM BLINDS ON DWELLINGS	• Maximum area 20m2. • Located wholly within property boundaries. • 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.
BIRD AVIARIES—an enclosure in which birds are kept for domestic purposes only	• Maximum area 10m2 total cumulative area. • Maximum height 2.1m above natural ground level. • Non reflective materials. • Located in rear yard and not closer than 500mm from an adjoining property 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 GREENHOUSES	• Maximum area 10m2. • 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—PORTABLE	• On land (other than land within Zone No 2 (e)) on which a government or 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.
CLOTHES HOISTS / LINES	• Installed to manufacturer’s specifications.
DECKS (unroofed and attached to dwellings that are not located in areas identified by Council as bushfire prone)	• Maximum area 10m2. • Finished surface level to be not greater than 1m above existing ground level. • 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. • Demolition must be carried out in accordance with Australian Standard AS 2601–1991—The demolition of structures. • Compliance with any relevant requirements of the Building Code of Australia.
FENCES (other than fences covered by the Swimming Pools Act 1992)	• All fences 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.
1 Boundary
• (a) Side fences (between the building line and street or any other public place) and front fences.	• Maximum height 1m if constructed of timber, metal or lightweight materials.
• (b) Side fences (between the building line and the rear boundary) and rear boundary fences.	• Maximum height 1.8m if constructed of timber, metal or lightweight materials.
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 fences, in areas zoned RURAL only	• To be erected in accordance with AS 3014–1991—Electrical installations—Electric fences.
FLAGPOLES in residential zones	• Maximum height 6m above ground level. • 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 industrial zones	• Maximum height 9m above natural 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.
FOWL HOUSE (for the keeping of chickens, hens and roosters), in areas zoned RURAL only	• Must comply with the standards contained in the Local Government (Orders) Regulation 1999. • 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 conjunction with agricultural activities on properties in excess of 2 hectares in areas zoned RURAL	• Maximum size 5,000 litres. • Constructed of prefabricated metal, freestanding and not relying on other structures for support. • 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.
GARDEN SHEDS	• Free standing and prefabricated. • Maximum floor area 10m2 cumulative. • Maximum height 2.1m. • Must be located in the rear yard of premises. • Non reflective materials. • Installed to manufacturer’s specifications. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia.
HORSE STABLES (keeping up to 4 horses), and ANIMAL SHELTERS in areas zoned RURAL only)	• Must comply with the Local Government (Orders) Regulation 1999. • Maximum size 50m2 and maximum 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.
LETTER BOX (free standing or in “banks”)	• Maximum height of 1.2m above ground 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
• (a) Internal	• Applies only to replacement of doors, wall, ceiling or floor linings, or deteriorated frame members with equivalent or improved quality materials, and renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes. • Applies only to alterations or renovations to previously completed buildings. • Work not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open 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.
2 Commercial premises
• (a) Internal	• Non structural work, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building. • Floor area not to exceed 20m2. • Work must not compromise fire safety or affect accessibility to a fire exit. • Work must not include changes to the configuration of rooms whether by removal of walls or other means of 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 LEVEL abutting a dwelling	• Stormwater from patio surface not to be redirected into adjoining property. • Sufficient step down is to be provided to prevent the entry of water into the dwelling. • Structurally adequate construction.
PERGOLA	• Maximum area 20m2 • Maximum height 2.4m. • Must maintain boundary setbacks required for the associated dwelling with a minimum of 900mm from a boundary. • Structurally adequate construction. • Compliance with any relevant requirements of the Building Code of Australia.
PLAYGROUND EQUIPMENT (excluding Cubby Houses see below)
(a) Residential Use	• Maximum height of 2.1m • Maximum ground coverage of 10m2. • Structure must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.2–1995—Swimming pool safety—Location of fencing for private 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. • Structure must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.1–1993—Swimming pool safety—Fencing for swimming pools. • Compliance with any relevant requirements of the Building Code of Australia.
Cubby Houses	• Must be installed in accordance with manufacturer’s instructions and comply with any relevant Australian Standards (AS 1924.1–1981—Playground equipment for parks, schools and domestic use—General requirements, AS 1924.2–1981—Playground equipment for parks, schools and domestic use—Design and construction—Safety aspects (incorporating Amdt 1) and AS/NZS 4486:1:1997—Playgrounds and playground equipment—Development, installation, inspection, maintenance and operation). • Structure must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.2–1995—Swimming pool safety—Location of fencing for private 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.
RE-CLADDING OF ROOFS OR WALLS or repair/maintenance of damaged materials	• Must only involve replacing existing materials with similar materials which are compatible with the existing building and finish. • Re-cladding must not involve structural alterations or change to the external configuration of a building. • Must comply with requirements of the WorkCover Authority relating to removal of lead paint and asbestos cement. • Compliance with any relevant requirements of the Building Code of Australia.
RETAINING WALLS	• Maximum height 0.6m for retaining filling and maximum 1m for excavation. • Masonry walls to comply with: • 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. • Not on land within Zone No 2 (e).
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 boundary of the adjoining property, if 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.
SHEDS for or in conjunction with agricultural activities in areas zoned RURAL only	• Land must be in Zone No 1 (a), 1 (b), 1 (c) or 1 (d). • 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.
SKYLIGHT / ROOF WINDOWS	• Maximum area of skylight not to exceed 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 structural integrity of the building or 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 HEATERS AND SOLAR PANELS	• Installed to manufacturer’s specifications and requirements. • 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 SHELTERS in conjunction with normal agricultural activities on the property excluding commercial or intensive uses only in areas zoned RURAL	• Maximum yard area of 0.5 hectare. • Maximum height of shelters 2.7m. • Structurally adequate construction. • Constructed of timber or metal. • Not to be erected within 20m of the street boundary or within 4m of the side or ear 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.
WATER HEATERS (excluding solar systems)	• Replacement or new installations. • The work must not reduce the structural integrity of the building or involve structural alterations. • Installation to be carried out by a licensed person.
WATER TANKS at or above ground level
1 Rural areas (up to 2 tanks per dwelling and another 2 associated with farm buildings not near a dwelling)	• Maximum 17,000 litres capacity per above ground tank, 60,000 litres per inground tank. • Maximum height of 2.4m above natural ground level. • 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 (One per dwelling or other premises)	• Maximum installed height above ground level of 2.0m including any stand (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. • Not on land within Zone No 2 (e).
WINDMILLS in areas zoned RURAL only	• To be sited wholly within the boundaries 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 with any relevant electricity authority 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 AREAS AND EXTERNAL DOORS (excluding windows in buildings listed as items of environmental heritage or in a conservation area)	• Replacement in residential premises with materials that comply with: (a) AS 1288–1994—Glass in buildings—Selection and installation (including Amdts 1–1997 and 2–2000), and (b) AS/NZS 2208–1996—Safety glazing materials in buildings (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%. • Being changes to the external fabric or appearance of the building or work, being changes that involve the repair or renovation or decoration, 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.

Schedule 4Classification and reclassification of public land as operational land

(Clause 37)

Part 1Land classified, or reclassified, before the application of amendments made to s 30 of Local Government Act 1993

Part of Lot 84, DP 548303 and part of Lot 7021, DP 260448, Watkins Road, Baulkham Hills, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 36)”.

Part of Lot 14, DP 600786, Panaview Crescent, North Rocks, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 63)”.

Lots 6, 7, 8 and 9, DP 27931 and Part Lot 1, DP 400907, 20–26 Terminus Street, Lots B and C, DP 405651, 28 Terminus Street, Lot 2, DP 20042, 265 Old Northern Road and Lot 6, DP 20042, 275 Old Northern Road, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 69)”.

Part 2Interests not changed

Part of Lot 102, DP 711320, Portsea Place, Castle Hill, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 82)”.

Lot 105, DP 261604, Barwell Avenue, Castle Hill.

Lot 51, DP 838509, Old Northern Road, Castle Hill.

Lot 13, DP 238708, Francis Street, Castle Hill.

Lot 2, DP 513693, Castle Street, Castle Hill.

Lot 4, DP 881999, Gay Street, Castle Hill.

Lot 1, DP 713190, 51a Old Castle Hill Road, Castle Hill.

Lot 1a, DP 373987 and Lot 1, DP 21002, 53 Old Castle Hill Road, Castle Hill.

Part Lot 102, DP 1010735, Diana Avenue, Kellyville.

Part 3Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
North Rocks
Sophia Crescent	Lot 103, DP 244687—Baulkham Hills Local Environmental Plan 1991 (Amendment No 81)	Easement for the transmission of electricity.
Oatlands
Belmore Street East	Lot A, DP 36482—Baulkham Hills Local Environmental Plan 1991 (Amendment No 80)	Nil.

Schedule 5Development for certain additional purposes

(Clause 39)

Column 1	Column 2	Column 3
Lot 14, DP 21212	Real estate office and garage/storage area and staff amenities	The floor area must not exceed the following: • Real estate office—148m2 • Garage/storage area—50m2 • Staff amenities—17m2
Lot 16, DP 21212	Kitchen showroom and garage/storage area	The floor area must not exceed the following: • Kitchen showroom—80m2 • Garage/storage area—28m2
Lot 17, DP 21212	Real estate office and garage/storage area and staff amenities	The floor area must not exceed the following: • Real estate office—125m2 • Garage/storage area—40m2 • Staff amenities—8m2
Lot 13, DP 135351, No 46 Windsor Road, Kellyville	Insurance and financial services office	The floor area of the insurance and financial services office must not exceed 85m2
Lot 13, DP 627190, Schwebel Lane and Lot A, DP 381392 and Lots 1 and 2, DP 605276, Old Northern Road, Glenorie	Concrete batching plant	The annual production of concrete or concrete products or both must not exceed 20,000 tonnes.
Lot 15, DP 21212, 42 Windsor Road, Kellyville	Real estate office and garage area	The floor area must not exceed the following: • Real estate office—116m2 • Garage area—23.25m2
Lot 1, DP 135728, Windsor Road, Box Hill, and part of Lot 1, DP 784714, Windsor Road, Box Hill as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 76)”.	Service station and convenience store.	The area of the convenience store building containing the sales, office and amenities areas shall not exceed 200m2. The service station may have a maximum of six fuel bowsers.
Part of Lot 4, DP 616348, Old Northern Road, Glenorie, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 1991 (Amendment No 100)”.	Renovation and redevelopment of existing service station.