Baulkham Hills Local Environmental Plan 2005 (NSW)

Part 1Preliminary1Name of plan

This plan is Baulkham Hills Local Environmental Plan 2005.

2Aims of plan and objectives for developmentNote—

This plan restates the provisions of Baulkham Hills Local Environmental Plan 1991 and incorporates the amendments that have been made to it so as to provide a coherent statement of planning intent for Baulkham Hills, bring those provisions up to date and ensure consistency with all relevant and current legislation.

(1)

The aims of this plan are:

• (a)

  with respect to the natural and built environment of the Baulkham Hills local government area, to conserve and enhance the natural and built environment of Baulkham Hills for present and future generations, and

• (b)

  with respect to the community of that area, to encourage a strong sense of community identity and economic well being throughout Baulkham Hills through the development of local communities that are safe, liveable and offer a diversity of land use and economic opportunity, and

• (c)

  with respect to use of resources within that area, 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 that promote a high level of residential amenity, and

• (d)

  with respect to flexibility, 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.

(2)

The objectives for development of this plan are:

• (a)

  with respect to the natural and built environment of the Baulkham Hills local government area, that development should:

  • (i)

    recognise and implement the principles of ecologically sustainable development, and

  • (ii)

    protect and enhance the area’s biodiversity, and

  • (iii)

    ensure that environmentally sensitive areas are suitably protected, and

  • (iv)

    address all natural hazard concerns, including flooding, landslip, subsidence, salinity, tidal inundation, land contamination and acid sulfate soils, and

  • (v)

    respect, improve and integrate with the local character of the locality in which it is carried out, and

  • (vi)

    rehabilitate the natural environment where damaged by previous activities, and

  • (vii)

    have regard to the land uses that form the rural and urban environment of the Shire, and

  • (viii)

    minimise the use of non-renewable resources and maximise the use of renewable resources, and

  • (ix)

    incorporate energy saving mechanisms and water saving mechanisms, and

  • (x)

    minimise waste and pollution, and

  • (xi)

    promote buildings designed for adaptive re-use, and

  • (xii)

    conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and

  • (xiii)

    conserve and enhance the natural, cultural and environmental heritage of the area, and

  • (xiv)

    positively contribute to the retention and maintenance of items of indigenous and non-indigenous heritage, and

• (b)

  with respect to the community of that area, that development should:

  • (i)

    integrate land use and improve access to open space, employment opportunities, public transport, community facilities and commercial services, and

  • (ii)

    reinforce the retail and commercial centres hierarchy within the area, and

  • (iii)

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

  • (iv)

    provide for home-based activities that are compatible with the character and amenity of the neighbourhood or place in which they are to be located, and

  • (v)

    maximise positive social impacts and minimise potentially detrimental social impacts, and

  • (vi)

    provide informal surveillance of public spaces, and

  • (vii)

    optimise the shared use of streets and parking facilities, while improving or creating an efficient pedestrian environment, and

• (c)

  with respect to use of resources within that area, development should:

  • (i)

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

  • (ii)

    provide choice in housing for residents, and

  • (iii)

    ensure that urban housing type varies and is designed and constructed in a manner that can accommodate (or be adapted to the needs of) a variety of household types, and

  • (iv)

    contribute to the synergy between land use activities.

3Land to which plan applies(1)

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

(2)

However, this plan does not apply to any land shown as “Deferred” on the map.

4Relationship to other environmental planning instruments

This plan repeals:

• (a)

  Baulkham Hills Local Environmental Plan 1991, and

• (b)

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

5Definitions(1)

In this plan:

acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General.

additions and alterations related to an existing dwelling-house means additions or alterations to a lawfully erected dwelling-house, including garages, swimming pools and outbuildings or structures incidental to a dwelling-house, but does not include tennis courts, squash courts or the like.

advertisement has the same meaning as in the Act.

advertising structure has the same meaning as in the Act.

agricultural products establishment means a building or place used for the sale of goods or materials used in agricultural production but, in the Table to clause 13, 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, in the Table to clause 13, not for the purpose of 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.

amusement park means a place where amusements or mechanical or electronic entertainments are permanently situated.

animal boarding, breeding and training establishment means a building or place used for boarding, breeding, training, keeping or caring for animals, otherwise than for domestic purposes.

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.

archaeological site means a site identified in Schedule 1 as an archaeological site which may include one or more relics.

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 that:

• (a)

  has the owner as a permanent resident living in the dwelling-house, and

• (b)

  provides temporary accommodation, up to a maximum of 30 calendar days, for the short-term traveller, and

• (c)

  offers no more than three guest rooms, and accommodation for no more than six guests, at any one time, and

• (d)

  provides one off-street parking space per guest room, and

• (e)

  offers meals only for guests, and

• (f)

  serves only non-alcoholic beverages with meals, and

• (g)

  does not contain cooking facilities in guest rooms for preparation of meals by guests, and

• (h)

  exhibits a notice, advertisement or sign that does not exceed 0.6m2, and is located adjacent to the front property boundary, and

• (i)

  complies with all relevant requirements of the Building Code of Australia, and

• (j)

  has a smoke detection system in the building in accordance with requirements of AS 3786—1993, Smoke alarms that is:

  • (i)

    connected to a permanent 240V power supply, and

  • (ii)

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

• (k)

  has a fire extinguisher and a fire blanket in the kitchen.

brothel has the same meaning as in the Act.

building height means the vertical distance between ground level (existing) at any point to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) goods that are of such size or weight as to require:

• (a)

  a large area for handling, display or storage, or

• (b)

  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire of such goods.

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.

bush fire fighting establishment means a building used for the operation of a rural fire brigade formed or organised under section 19 of the Rural Fires Act 1997.

bush fire hazard reduction means a reduction or modification (by controlled burning, or by mechanical or manual means) of material that constitutes a bush fire hazard.

bushland means vegetation that is either a remainder of the natural vegetation on the land or, if altered, is still representative of the structure and/or floristics of the natural vegetation.

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 for the purpose of providing security or maintenance services to the land on which the dwelling stands, where the land is owned by the Council for a public purpose.

child care centre means a building or place used for the supervision and care of children that:

• (a)

  provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

• (b)

  does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

• (c)

  a home-based child care or family day care home, or

• (d)

  an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or

• (e)

  a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

• (f)

  a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

• (g)

  a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

• (h)

  a service that is concerned primarily with the provision of:

  • (i)

    lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

  • (ii)

    private tutoring, or

• (i)

  a school, or

• (j)

  a service provided at exempt premises (within the meaning of section 200 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

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 Division 1 of Part 5 of 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 tollway, or

• (h)

  a transitway, or

• (i)

  a controlled access road,

and shown on the map by a continuous blue centreline.

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, in the Table to clause 13, 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 management plan means a document, prepared in accordance with the requirements of the NSW Heritage Office, that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

convenience store means a shop that, at 1 March 1991, 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.

creek means the path of a permanent or intermittent flow of water.

dam means a barrier, embankment or excavated earth structure used to retain water for agricultural, domestic or commercial purposes.

demolish a heritage item, or a building, work, relic, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, relic, tree or place.

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.

development site means an area of land that is shown edged with a black-coloured dashed line and marked “Development Site” on the map and includes buildings, works, relics, trees and places situated on the 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 or place used as a school, university, 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.

environmental protection works means a structure or work that provides for:

• (a)

  environmental management and restoration facilities, such as bush restoration, wetlands restoration, erosion and run-off prevention works or the like, or

• (b)

  nature study or display facilities, such as board walks, observation decks, bird hides or the like.

environmentally integrated housing means:

• (a)

  the integrated design and construction of dwellings with a resultant maximum yield of dwellings and lots that is consistent with the subdivision potential of the land, which may be indicated in a development control plan, and

• (b)

  the protection of all environmentally significant or sensitive areas (normally as common or neighbourhood property) of land, including natural drainage channels, important vegetative and topographic features, geotechnical hazard areas and the like, by the integration of buildings and works with the environment.

exhibition home means an unoccupied dwelling-house used for display purposes.

exhibition village means two or more exhibition homes and includes other associated places and buildings, such as an office used for house and land sales, car parking, site offices, a place set aside for advisory services and the like.

existing holding means the land comprised in an allotment, portion or parcel of land that was in existence as a separate allotment, portion or parcel of land prior to 7 May 1988.

extractive industry means:

• (a)

  the winning of extractive material, or

• (b)

  an industry or undertaking, not being carried out at 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 agriculture or with a land use for which consent has been granted, where the landfill deposited exceeds one metre in depth or affects a total area of 100m2 or more, 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).

flood standard means the 1% probability flood (as referred to in the Floodplain Management Manual: the management of flood liable land published by the NSW Government in 2001).

floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.

forestry includes arboriculture, silviculture, 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 of a building means the sum of the areas of each floor of the 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 to it, or

• (d)

  space for the loading and unloading of goods.

ground level (existing) means the existing level of a site at any point.

guest house means a building or place (not being licensed to sell liquor), where accommodation, together with meals and laundry facilities, are provided, but only to residents of the guest house.

habitat tree means any tree which has hollows in the trunk or limbs that is suitable habitat for endangered fauna including birds, arboreal marsupials or bats or is a support for locally indigenous or endemic epiphytic endangered plants.

health care premises means a room or a number of rooms forming the whole or part of, or attached to or within the curtilage of, an existing dwelling-house used by a total of not more than three legally qualified:

• (a)

  medical practitioners, or dentists within the meaning of the Dental Practice Act 2001, or

• (b)

  health care professionals,

to practise in not more than a total of 3 rooms the profession of medicine, dentistry or health care and who employ a total of not more than 3 employees in connection with all of their 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 podiatrist registered under the Podiatrists Act 1989 or Podiatrists Act 2003, or

• (b)

  a chiropractor registered under the Chiropractors Act 2001, or

• (c)

  an osteopath registered under the Osteopaths Act 2001, or

• (d)

  a physiotherapist registered under the Physiotherapists Act 2001, or

• (e)

  an optometrist registered under the Optometrists Act 2002, or

• (f)

  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 that is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use that 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 conservation area means an area of land that is shown edged heavy black and marked “Conservation Area” on the map and includes buildings, works, relics, trees and places situated on or within the land.

heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, relic, tree or place within a heritage conservation area, and an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.

heritage item means a building, work, archaeological site, tree or place of heritage significance described in Schedule 1.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

home activity means any activity or occupation 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 (not being health care premises) where:

• (a)

  the activity or occupation does not occupy a total floor area of more than 50m2, 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, that would fit within a rectangle 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 locality, and

• (f)

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

home-based child care or family day care home means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and which satisfies the following conditions:

• (a)

  the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998,

• (b)

  the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

home business means a business carried out, or partly carried out, in a dwelling (not being health care premises) or within the land on which the dwelling is situated, 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, that would fit within a rectangle 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

  • (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 such business per dwelling.

home industry means an industry carried out in a building (not being health care premises) 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 that would fit within a rectangle 1.2 metres in length and 0.6 metres 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, and

• (d)

  there is a maximum of one such industry per property.

home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve:

• (a)

  the employment of persons other than those residents, or

• (b)

  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or

• (c)

  the exhibition of any notice, advertisement or sign, or

• (d)

  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a home business or sex services premises.

hospital means 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 building or place, 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 trade, manufacturing, business, project or occupation in which persons work.

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.

integrated housing means:

• (a)

  the subdivision of land into two or more allotments, and

• (b)

  the erection of one or more dwellings on each allotment so created,

where the siting and design of each dwelling occurs prior to the determination of the subdivision boundaries but, in the Table to clause 13, does not include a form of development elsewhere specifically defined in this clause.

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 piggery, including a free-range piggery, or

• (d)

  a poultry farm, including a free-range poultry farm, or

• (e)

  a worm farm, or

• (f)

  a building or place used for fish farming (that may consist of or include farming crustaceans),

but does not include a building or place used 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, climate control system, 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, in the Table to clause 13, 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 or 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 flammable liquid for wholesale distribution.

maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, relic, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

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 the servicing, repair, maintenance or otherwise of motor vehicles, and includes tyre servicing, muffler repairing, auto electrical repairing and the like.

neighbourhood shop has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

offensive or hazardous industry means an industry that, 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 or activities.

office warehouse means premises used for the purposes of providing office floor space in conjunction with the handling, storage, display and distribution of goods.

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, in the Table to clause 13, 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 purpose 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 or building, 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 includes 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, in the Table to clause 13, does not include a building or place 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 that 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 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, in the Table to clause 13, does not include a building or place elsewhere specifically defined in this clause.

relic means:

• (a)

  any deposit, object or material evidence (that may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the Baulkham Hills local government area and that is a fixture or is wholly or partly within the ground, or

• (b)

  any deposit, object or material evidence (that may consist of human remains) of any age relating to Aboriginal habitation of that area.

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.

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 20m2 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, packing or transporting of primary products, and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.

rural workers’ dwelling means a dwelling-house that is situated on land on which there is already erected a dwelling-house and that is occupied by a person who is engaged in the use of the land for the purposes of agriculture, intensive animal industries or intensive horticulture establishments.

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 that involves body building, panel beating or spray painting).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

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 and/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 Council means The Hills Shire Council.

the map means the map marked “Baulkham Hills Local Environmental Plan 2005”, as amended by the maps, or sheets of maps, marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 4)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 5)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 6)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 7)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 8)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 10)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 11)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 12)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 13)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 14)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 15)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 16)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 17)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 18)

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 19)—Sheet 1

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 20)—Sheet 1

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 25)

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 that has a spread of more than 3 metres, or a height of more than 5 metres, and measures more than 150 millimetres in diameter measured 1 metre up from the ground.

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, pending 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, and

• (b)

  a reference to a map is a reference to a map deposited in the office of the Council, except as otherwise stated, and

• (c)

  a reference to land within a zone specified in the Table to clause 13 is a reference to land shown on the map in the manner specified in clause 12 as the means of identifying land of the zone so specified, and

• (d)

  notes included in this plan do not form part of this plan.

6Adoption of model provisions

The Environmental Planning and Assessment Model Provisions 1980, except for clauses 4, 5, 7, 8, 13, 15–17, 19–28, 33, 34 and 35 (c) are adopted for the purposes of this plan.

7Consent authority

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

8Exempt development(1)

Development listed in Schedule 2 is exempt development, but only if:

• (a)

  it complies with the requirements for exemption set out for the development in that Schedule, and

• (b)

  it is carried out in a zone in which exempt development is specifically allowed by the Table to clause 13, and

• (b1)

  it meets the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

• (b2)

  it does not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

• (c)

  it meets the other requirements for exempt development made by the Act and this clause.

(2)

Development is not exempt development if it is carried out on any of the following land:

• (a)

  land that is subject to an interim heritage order or listed on the State Heritage Register under the Heritage Act 1977,

• (b)

  land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,

• (c)

  an Aboriginal place under the National Parks and Wildlife Act 1974,

• (d)

  land (not being land within Zone 2 (d) under this plan) that is zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands,

• (e)

  an aquatic reserve under the Fisheries Management Act 1994,

• (f)

  Crown land, including land reserved or dedicated for a public purpose under the Crown Lands Act 1989,

• (g)

  bush fire prone land, land below the flood standard, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse.

(3)

Exempt development must comply with the conditions of any prior development consent in force in respect of the land on which the development is to be carried out.

(4)

Any provision of Part 3 that provides development is not exempt development prevails over this clause.

9Complying development(1)

Development identified as complying development in the Table to clause 13, is complying development, but only if:

• (a)

  (Repealed)

• (b)

  it is not an existing use, as defined in section 106 of the Act, and

• (c)

  it is carried out in a zone for which it is identified as complying development by the Table to clause 13, and

• (d)

  it complies with the requirements applied to the development by Part B—Complying Development of Baulkham Hills Development Control Plan, and

• (e)

  it meets the other requirements made for complying development by the Act and this clause.

(2)

Development is not complying development if it is carried out on any of the following land:

• (a)

  land that is subject to an interim heritage order or listed on the State Heritage Register under the Heritage Act 1977,

• (b)

  land that is, or is the site of, a heritage item for the purposes of this plan or that is a conservation area for those purposes,

• (c)

  an Aboriginal place under the National Parks and Wildlife Act 1974,

• (d)

  land (not being land within Zone 2 (d) under this plan) that is zoned, or otherwise identified, under this or any other environmental planning instrument for the protection or preservation of habitat, plant communities or wetlands,

• (e)

  an aquatic reserve under the Fisheries Management Act 1994,

• (f)

  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

• (g)

  bush fire prone land, land below the flood standard, any land with a gradient in excess of 20% and any land within 40 metres of a stream, river or watercourse.

(3)

Complying development must comply with the conditions of any development consent in force in respect of the land on which the development is to be carried out.

(4)

Any provision of Part 3 that provides development is not complying development prevails over this clause.

10Notifiable development(1)

Unless it is also complying development, the provisions of section 79 of the Act apply to and in respect of development identified in the Table to clause 13 as notifiable development in the same way as those provisions apply to and in respect of designated development.

(2)

For the purposes of this clause, section 79 of the Act applies in respect of notifiable development as if a reference in that section to 30 days were a reference to 14 days.

11Suspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land within any zone to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.

(3)

Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).

11ASavings and transitional(1)

A development application lodged with the Council, but not finally determined by the Council before the commencement of a relevant amending plan, is to be assessed and determined under the provisions of this plan as if the relevant amending plan had been exhibited under the Act but had not been made.

(2)

In this clause, relevant amending plan means any of the following local environmental plans:

• •

  Baulkham Hills Local Environmental Plan 2005 (Amendment No 2)

Part 2General restrictions on development of land12Zones indicated on the map

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

• •

  Zone l (a) (Rural l (a) Zone)—coloured light brown and lettered “1 (a)”.

• •

  Zone l (b) (Rural l (b) Zone)—coloured light brown, edged red and lettered “l (b)”.

• •

  Zone l (c) (Rural l (c) Zone)—coloured light brown, edged red and lettered “l (c)”.

• •

  Zone l (d) (Rural l (d) Zone)—coloured light brown, edged red and lettered “l (d)”.

• •

  Zone 2 (a) (Residential 2 (a) Zone)—coloured light scarlet, edged red and lettered “2 (a)”.

• •

  Zone 2 (a1) (Residential 2 (a1) Zone)—coloured light scarlet, edged red and lettered “2 (a1)”.

• •

  Zone 2 (a2) (Residential 2 (a2) Zone)—coloured light scarlet, edged red and lettered “2 (a2)”.

• •

  Zone 2 (a3) (Residential 2 (a3) Zone)—coloured light scarlet, edged red and lettered “2 (a3)”.

• •

  Zone 2 (a4) (Residential 2 (a4) (Town Centre) Zone)—coloured dark scarlet and lettered “2 (a4)”.

• •

  Zone 2 (b) (Residential 2 (b) Zone)—coloured light scarlet and lettered “2 (b)”.

• •

  Zone 2 (b1) (Residential 2 (b1) Zone)—coloured light scarlet, edged red and lettered “2 (b1)”.

• •

  Zone 2 (c) (Residential 2 (c) (Tourist Village) Zone)—coloured light scarlet and lettered “2 (c)”.

• •

  Zone 2 (d) (Residential 2 (d) (Protected) Zone)—coloured light scarlet, edged red and lettered “2 (d)”.

• •

  Zone 2 (e) (Residential 2 (e) Zone)—coloured light scarlet, edged red and lettered “2 (e)”.

• •

  Zone 3 (a) (Business 3 (a) (Retail) Zone)—coloured light blue and lettered “3 (a)”.

• •

  Zone 3 (b) (Business 3 (b) (Commercial) Zone)—coloured medium blue and lettered “3 (b)”.

• •

  Zone 3 (c) (Service Business 3 (c) Zone)—coloured dark blue and lettered “3 (c)”.

• •

  Zone 4 (b) (Light Industry 4 (b) Zone)—coloured purple and lettered “4 (b)”.

• •

  Zone 5 (a) (Special Uses 5 (a) (Existing and Proposed) Zone)— coloured yellow, edged red, with black lettering and lettered “5 (a)”.

• •

  Zone 5 (b) (Special Uses 5 (b) (Existing and Proposed Roads) Zone)—coloured grey, with classified roads shown by a blue centreline.

• •

  Zone 5 (c) (Special Uses 5 (c) (Trunk Drainage and Conservation) Zone)—coloured yellow, edged red, with black lettering and lettered “5 (c)”.

• •

  Zone 6 (a) (Open Space 6 (a) (Existing and Proposed Public Recreation) Zone)—coloured light green and lettered “6 (a)”.

• •

  Zone 6 (b) (Open Space 6 (b) (Private Recreation) Zone)—coloured dark green and lettered “6 (b)”.

• •

  Zone 7 (a) (Environmental Protection 7 (a) (Wetlands) Zone)—coloured orange and lettered “7 (a)”.

• •

  Zone 8 (a) (National Parks and Nature Reserves 8 (a) Zone)—edged green and lettered “8 (a)”.

• •

  Zone 10 (a) (Employment Area 10 (a) (Business Park) Zone)—coloured light blue and lettered “10 (a)”.

13Zone objectives and development control table(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 proposed development:

• (a)

  is consistent with one or more of the aims of this plan and any relevant objectives for development, and

• (b)

  is not contrary to achieving the objectives of the zone within which it will be carried out.

Note—

The aims and the objectives for development of this plan are set out in clause 2. The objectives of zones are set out in the Table to this clause.

(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 exempt development may be carried out are set out in clause 8 and Schedule 2.

(5)

Development that may be carried out within a zone only with development consent, and is not complying development, is required to be notified in accordance with clause 10 if it is listed in the Table to this clause as notifiable development for the zone.

(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 9.

(Rural 1 (a) Zone)1Objectives 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 land on which development may be carried out that assists the operation and functioning of development in adjoining residential areas, and

• (d)

  to ensure that development is designed and carried out having regard to adjoining land uses and the natural environment, and

• (e)

  to ensure that development is designed and carried out having regard to the rural and heritage character of the surrounding area, and

• (f)

  to ensure that development of land within the zone does not hinder the proper and orderly development of any future urban land.

2Development allowed without consent

Exempt development and development for the purpose of:

• •

  agriculture (other than carrying out works for the purpose of dams); bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3Development allowed only with consent

Development for the purpose of:

• •

  additions and alterations related to an existing dwelling-house; advertising structures; agricultural products establishments; attached dual occupancies; bush fire fighting establishments; caretakers’ dwellings; cemeteries; child care centres; clearing of bushland; community facilities; dams; dwelling-houses; environmental protection works; exhibition homes; exhibition villages; filling of land; firewood establishments; health care premises; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; public buildings; public utility undertakings; 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.

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

• •

  animal boarding, breeding and training establishments; clubs; educational establishments; forestry; guest houses; hospitals, institutions; reception establishments; research establishments; telecommunications facilities.

Included in this item is the following complying development:

• •

  erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

(Rural 1 (b) Zone)1Objectives 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 maintain the rural character of the locality without adversely affecting the carrying out of agricultural activities, and

• (c)

  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

• (d)

  to provide land on which development may be carried out that assists the operation and functioning of development in adjoining residential areas and appropriate locations for tourist facilities, and

• (e)

  to protect and enhance those areas of particular scenic and environmental value, and

• (f)

  to ensure that development is designed and carried out having regard to the rural and heritage character of surrounding land, and

• (g)

  to ensure that development is designed and carried out having regard to adjoining land uses and the natural environment.

2Development allowed without consent

Exempt development and development for the purpose of:

• •

  agriculture (other than dams); bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3Development allowed only with consent

Development for the purpose of:

• •

  additions and alterations related to an existing dwelling-house; advertising structures; agricultural products establishments; attached dual occupancies; bush fire fighting establishments; caretakers’ dwellings; cemeteries; child care centres; clearing of bushland; community facilities; convenience stores; dams; dwelling-houses; environmental protection works; exhibition homes; exhibition villages; filling of land; firewood establishments; health care premises; helipads; heliports; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; public buildings; public utility undertakings; 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.

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

• •

  animal boarding, breeding and training establishments; caravan parks; clubs; educational establishments; extractive industries or industries directly associated with, or dependent on, extractive industries; forestry; 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:

• •

  erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

(Rural 1 (c) Zone)1Objectives of zone

The objectives are:

• (a)

  to accommodate rural-residential development that is sympathetic to the environment and minimises risks from natural hazards, and

• (b)

  to provide for a range of activities that 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 ensure that development is designed and carried out having regard to adjoining land uses and the natural environment, and

• (e)

  to ensure that development is designed and carried out having regard to the rural and heritage character of the surrounding area, and

• (f)

  to encourage the preservation of suitable areas for open space purposes.

2Development allowed without consent

Exempt development and development for the purpose of:

• •

  agriculture (other than dams); bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3Development allowed only with consent

Development for the purpose of:

• •

  additions and alterations related to an existing dwelling-house; advertising structures; attached dual occupancies; bush fire fighting establishments; caretakers’ dwellings; cemeteries; child care centres; clearing of bushland; community facilities; dams; dwelling-houses; environmental protection works; exhibition homes; filling of land; health care premises; home businesses; home industries; intensive animal industries; intensive horticulture establishments; landscape supply establishments; leisure facilities; places of worship; public buildings; public utility undertakings; 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.

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

• •

  animal boarding, breeding and training establishments; clubs; educational establishments; hospitals; research establishments; restaurants; telecommunications facilities.

Included in this item is the following complying development:

• •

  erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

(Rural 1 (d) Zone)1Objectives 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 ensure that development is designed and carried out having regard to adjoining land uses and the natural environment, and

• (f)

  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 bush fires.

2Development allowed without consent

Exempt development and development for the purpose of:

• •

  bed and breakfast establishments; bush fire hazard reduction; home activities; home-based child care or family day care homes.

3Development allowed only with consent

Development for the purpose of:

• •

  additions and alterations related to an existing dwelling-house; advertising structures; attached dual occupancies; bush fire fighting establishments; child care centres; clearing of bushland; community facilities; dams; dwelling-houses; environmental protection works; filling of land; home businesses; home industries; places of worship; public utility undertakings; recreation areas; recreation facilities; renewable energy facilities; roads; sheds; stables; tennis courts in association with a dwelling; utility installations (other than gas holders or generating works); veterinary establishments.

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

• •

  animal boarding, breeding and training establishments; telecommunications facilities.

Included in this item is the following complying development:

• •

  erection of sheds between 50m2 and 100m2 in gross floor area.

4Prohibited development

Any development not included in item 2 or 3.

(Residential 2 (a) Zone)1Objectives 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 and the like) in locations close to the main activity centres of the local government area, 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 developments, ancillary to residential uses, that:

  • (i)

    are capable of integration with the surrounding environment, and

  • (ii)

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

  • (iii)

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

2Development allowed without consent

Exempt development and development for the purpose of:

• •

  home activities; home-based child care or family day care homes.

3Development allowed only with consent

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

• •

  apartment buildings; attached dual occupancies; convenience stores; detached dual occupancies; environmentally integrated housing; exhibition villages; 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 neither more than one metre cut nor 0.6 metre fill; single storey dwelling-houses with neither more than one metre cut nor 0.6 metre fill.

4Prohibited development

Development included in Schedule 3 and development for the purpose of:

• •

  bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises.

(Residential 2 (a1) Zone)1Objectives of zone

The objectives are:

• (a)

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

• (b)

  to identify those localities that 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 local government area, 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 adaptable housing to meet the needs of people with disabilities, 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, that:

  • (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

Exempt development and development for the purpose of:

• •

  home activities; home-based child care or family day care homes.

3Development allowed only with consent

Development for the purpose of the following (which is notifiable 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 neither more than 1 metre cut nor 0.6 metre fill; single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4Prohibited development

Development included in Schedule 3 and development for the purpose of:

• •

  bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises.

(Residential 2 (a2) Zone)1Objectives of zone

The objectives are:

• (a)

  to provide for the development of town-houses, villas, and the like in locations close to established public transport routes and the main activity centres of the local government area, 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, that:

  • (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

Exempt development and development for the purpose of:

• •

  home activities; home-based child care or family day care homes.

3Development allowed only with consent

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

• •

  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 neither more than 1 metre cut nor 0.6 metre fill; single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4Prohibited development

Development included in Schedule 3 and development for the purpose of:

• •

  apartment buildings; bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises.

(Residential 2 (a3) Zone)1Objectives 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, that:

  • (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

Exempt development and development for the purpose of:

• •

  home activities; home-based child care or family day care homes.

3Development allowed only with consent

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

• •

  attached dual occupancies; convenience stores; detached dual occupancies; environmentally integrated housing; telecommunications 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 neither more than 1 metre cut nor 0.6 metre fill; single storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4Prohibited development

Development included in Schedule 3 and development for the purpose of:

• •

  apartment buildings; bed and breakfast establishments; brothels; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises; town-houses.

(Residential 2 (a4) (Town Centre) Zone)1Objectives of zone

The objectives are:

• (a)

  to maximise opportunities for residential development in close proximity to the facilities and services of certain town centres, 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

Exempt development and development for the purpose of:

• •

  home activities; home-based child care or family day care homes.

3Development allowed only with consent

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

• •

  apartment buildings; commercial premises in conjunction with shop-top housing; educational establishments; motels; renewable energy facilities; 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 neither more than 1 metre cut nor 0.6 metre fill; single storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4Prohibited development

Development included in Schedule 3 (other than development for the purpose of commercial premises in conjunction with shop-top housing, motels, renewable energy facilities; restaurants, shop-top housing and shops in conjunction with shop-top housing) and development for the purpose of:

• •

  brothels; home industries; home occupations (sex services); places of assembly; sex services premises.

(Residential 2 (b) Zone)1Objectives of zone

The objectives are:

• (a)

  to identify residential areas of a predominantly single dwelling, low-density character, and to maintain that character, and

• (b)

  to ensure that new housing respects and complements the heritage and environmental character of surrounding low-density development, 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, that:

  • (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

Exempt development and development for the purpose of:

• •

  home activities; home-based child care or family day care homes.

3Development allowed only with consent

Development for the purpose of the following (which is notifiable 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 neither more than 1 metre cut nor 0.6 metre fill; erection of single-storey dwelling-houses with neither more than 1 metre cut nor 0.6 metre fill.

4Prohibited development

Development included in Schedule 3 and development for the purpose of:

• •

  apartment buildings; brothels; environmentally integrated housing; home industries; home occupations (sex services); office warehouses; places of assembly; sex services premises; town-houses; villas.

(Residential 2 (b1) Zone)1Objectives of zone

The objectives are:

• (a)

  to create residential areas of predominantly single dwelling, low-density character and to maintain that character, and

• (b)

  to permit the subdivision of land into residential lots of a minimum area of 700m2, 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 developments, ancillary to residential uses, that:

  • (i)

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

Hession Road

House, Lot 21, DP 565883, No 11 Hession Road, Nelson (Local)

Hezlett Road

House, Lot 222, DP 207779, No 25 Hezlett Road, Kellyville (Local)

“Yalta”, house and immediate garden, Lot B, DP 374973, No 45 Hezlett Road, Kellyville (Local)

Hilton Place

Cottage, Lot 1, DP 260257, No 1 Hilton Place, Kenthurst (Local)

Jones Road

“Lavender Cottage”, Lot 3, DP 519461, No 45A Jones Road, Kenthurst (Local)

Kenthurst Road

Hill Top, Lot 1, DP 34815, No 31 Kenthurst Road, Dural (Local)

House, Lot 2, DP 1039194, Nos 54–56 Kenthurst Road, Kenthurst (Local)

House, Lot 43, DP 584117, No 70 Kenthurst Road, Kenthurst (Local)

Former St Madeleine Sophie Borat Catholic Church, Lot 2, DP 943767, No 114A Kenthurst Road, Kenthurst (Local)

Kenthurst Literary Institute, Lot 12, DP 758558, Nos 131–135 Kenthurst Road, Kenthurst (Local)

Langford Smith Close

House, Lot 1, DP 1039914, No 19 Langford Smith Close, Kellyville (Local)

Lawrence Road

House, Lot 1, DP 134911, No 1 Lawrence Road, Kenthurst (Local)

House, Lot 3, DP 549342, No 11 Lawrence Road, Kenthurst (Local)

Mackillop Drive

St Joseph’s Novitiate, Lot 2, DP 817696, No 64 Mackillop Drive, Baulkham Hills (Local)

Marie Street

Gilroy College, Lot 1, DP 1073292 and Lots 9, 10 and 47–51, DP 10049, Nos 19–37 Marie Street, Castle Hill (Local)

Marieba Road

House, Lot 63, DP 731202, No 2 Marieba Road, Kenthurst (Local)

Mary Street

House, Lot 63, DP 8884, No 20 Mary Street, Northmead (Local)

Mary Street

House, Lot 2, DP 591111, No 4 Mary Street, Northmead (Local)

House, Lot 63, DP 8884, No 20 Mary Street, Northmead (Local)

McLeod Road

“Cranston Cottage”, Lot 1, DP 244143, No 7 McLeod Road, Middle Dural (Local)

Melia Court

Gate and gateposts, Lot 2010, DP 879431, No 36 Melia Court, Castle Hill (Local)

Mount View Road

“Longstone House”, Lot 2, DP 538286, No 15 Mount View Road, Glenorie (Local)

Mud Island Road

“Kelso Park”, Lot 3, DP 804271, No 422 Mud Island Road, Sackville North (Regional)

Nelson Road

“Marklye”, Lot 2, DP 712726, No 18 Nelson Road, Box Hill (Local)

“Rosedale”, Lot 2, DP 565176, No 55 Nelson Road, Nelson (Regional)

House, Lot 1, DP 999853, No 61 Nelson Road, Nelson (Regional)

North Rocks Road

“Rockcliff”, Lot 7, DP 234271, No 224 North Rocks Road, North Rocks (Local)

“Fernleigh”, Lot 20, DP 600123, No 256 North Rocks Road, North Rocks (Local)

House and outbuilding, Lot 12, DP 542855, No 381 North Rocks Road, Carlingford (Local)

O’Briens Road

“Bungool” (Riverside Oaks), Lot 13, DP 270416, No 74 O’Briens Road, Cattai (Regional)

Old Castle Hill Road

House, Lot 1, DP 585257, No 108 Old Castle Hill Road, Castle Hill (Local)

Old Northern Road

“Creasy’s”, Lots 2 and 3, DP 1108855, Nos 11 and 13 Old Northern Road, Baulkham Hills (Local)

House, Lot 23, DP 739791, No 37–43 Old Northern Road, Baulkham Hills (Local)

House, Lot 2, DP 207936, No 60 Old Northern Road, Baulkham Hills (Local)

House, Lot B, DP 420528, No 67 Old Northern Road, Baulkham Hills (Local)

House, Lot 1, DP 1007799, No 77 Old Northern Road, Baulkham Hills (Local)

House, Lot 34, DP 129827, No 84 Old Northern Road, Baulkham Hills (Local)

House, Lot D, DP 370382, No 92 Old Northern Road, Baulkham Hills (Local)

House, Lot A, DP 333643, No 118 Old Northern Road, Baulkham Hills (Local)

House, Lot 84, DP 846106, No 121 Old Northern Road, Baulkham Hills (Local)

House, Lot 15, DP 845564, No 133 Old Northern Road, Baulkham Hills (Local)

House, Lot 14, DP 845564, No 135 Old Northern Road, Baulkham Hills (Local)

House, Lot 1, DP 562174, No 171 Old Northern Road, Castle Hill (Local)

Durham Park, Lot 8, DP 1014035, No 8/174 Old Northern Road, Castle Hill (Local)

House, Lot 1, DP 209652, No 182 Old Northern Road, Baulkham Hills (Local)

The Old Parsonage, Lot X, DP 418941, No 210 Old Northern Road, Castle Hill (Local)

Former St Paul’s Church, Lot 120, DP 817356, Nos 221–225 Old Northern Road, Castle Hill (State)

“Wansbrough House”, Lot 4, DP 533918, No 230 Old Northern Road, Castle Hill (Local)

St Paul’s Cemetery, Lot 11, DP 1053193, No 247 Old Northern Road, Castle Hill (Local)

Christadelphian Church, Lot 12, DP 1053191, No 245 Old Northern Road, Castle Hill (Local)

Castle Hill Public School, Lot 101, DP 1000798, Nos 264 and 266 Old Northern Road, Castle Hill (Local)

Former police station, Lot 101, DP 1000798, Nos 264 and 266 Old Northern Road, Castle Hill (Local)

House, Lot 11, DP 1075777, No 340 Old Northern Road, Castle Hill (Local)

House, Pt Lot 2, DP 568234, No 428 Old Northern Road, Glenhaven (Local)

“Allens House”, Lot 37, DP 715200, No 548 Old Northern Road, Round Corner, Dural (Local)

House, Lot 101, DP 713628, No 600A Old Northern Road, Dural (Local)

Dural Soldiers Memorial Hall, Lot 1, DP 656035, No 604 Old Northern Road, Dural (Local)

“The Pines”, Lot 11, DP 734457, Reserve No 555, No 656A Old Northern Road, Dural (Local)

“St Elmo”, Lot D, DP 164591, No 774 Old Northern Road, Dural (Local)

“Pinewood”, Lot 2, DP 416521, No 792 Old Northern Road, Middle Dural (Local)

“Carinya”, Lot 2, DP 225210, No 828 Old Northern Road, Middle Dural (Local)

House and barn, Lot 2, DP 231508, No 834 Old Northern Road, Middle Dural (Local)

McFarland Grave, 4 metres from centreline of Old Northern Road and 368 metres north of its intersection with Wisemans Ferry Road, Maroota (Local)

Residence and post office, Lot 1, DP 724948, No 5556 Old Northern Road, Wisemans Ferry (Local)

Cable ferry, Old Northern Road, Wisemans Ferry (Regional)

Old Post Office Road

“Rose Park”, Lot 152, DP 1019110, No 62 Old Post Office Road, Cattai (Local)

William Daley’s grave, Lot 152, DP 1019110, No 62 Old Post Office Road, Cattai (Local)

Owen Avenue

“Thornbury Lodge”, Lots 9 and 10, SP 53479 and common property SP 53479, Nos 9–13 Owen Avenue, Baulkham Hills (Local)

Pages Wharf Road

“Pagewood”, Lot 41, DP 1093516, No 165 Pages Wharf Road, Sackville North (Local)

Park Road

House, Lot 2, DP 228420, No 15 Park Road, Baulkham Hills (Local)

Pennant Hills Road

“Gowan Brae Group”, comprising “Gowan Brae House”, Kings School Chapel, gatehouse and fence, aviary, fountain, rotunda, “The Cedars”, grave, 19th century driveways and stables, iron palisade fence, and horseshoe bridge/dam and roadway, Lot 1, DP 59169, Lot A, DP 29288, Lot B, DP 329288, Lot A, DP 321595, Lot 2, DP 235857, Lot 1, DP 64765, Lot 1, DP 57491, Lot 1, DP 581960 and Lot 10, DP 812772 (Local)

House, Pt Lot 1, DP 19868, No 157 Pennant Hills Road, Carlingford (Local)

House, Lot 1, DP 1100015, No 159 Pennant Hills Road, Carlingford (Local)

“Stoneleigh”, Lot 3, DP 1096405, No 570 Pennant Hills Road, West Pennant Hills (Local)

Pitt Town Road

House, Lot 1, DP 242302, No 29 Pitt Town Road, Kenthurst (Local)

Fence, Lot 1, DP 549076, No 46 Pitt Town Road, Kenthurst (Local)

House, Lot 7, DP 507252, No 50 Pitt Town Road, Kenthurst (Local)

“Speedwell”, Lot 3, DP 586852, No 68 Pitt Town Road, Kenthurst (Local)

Cottage, Lot 1, DP 561074, No 78 Pitt Town Road, Kenthurst (Local)

House and barn, Lot 101, DP 598991, No 79 Pitt Town Road, Kenthurst (Local)

Porters Road

House, Lot 2, DP 550216, No 17 Porters Road, Kenthurst (Local)

House, Lot 2, DP 255779, No 40 Porters Road, Kenthurst (Local)

“Maranoa”, Lot 6, DP 585099, No 42A Porters Road, Kenthurst (Local)

House, Lot 301, DP 731027, No 75 Porters Road, Kenthurst (Local)

Pye Avenue

Pye’s Cottage, Lot 25, SP 64724, Nos 11–13 Pye Avenue, Northmead (Local)

River Road

Slab barn, Lot 2, DP 611810, No 276 River Road, Lower Portland (Local)

“Dargle”, Lot 1, DP 109718, No 296 River Road, Lower Portland (Regional)

Church, Lot 11, DP 818829, No 576 River Road, Lower Portland (Local)

“Peacocks”, Lot 12, DP 818829, No 578 River Road, Lower Portland (State)

House, Lot 2, DP 544316, Nos 827–829 River Road, Lower Portland (Local)

Brown’s Cemetery, Lot 2, DP 34182, No 875 River Road, Lower Portland (Local)

Rexford, Lot 1, DP 75366, No 1073 River Road, Lower Portland (Local)

Stone dairy and fig tree, Lot 8, DP 236370, No 1324 River Road, Lower Portland (Local)

“Berry Hill”, house, Lot 119, DP 752025, No 1832 River Road, Leets Vale (Local)

House, Lot 2, DP 230496, No 2449 River Road, Wisemans Ferry (Local)

House, Lot 2, DP 506468, No 3014 River Road, Wisemans Ferry (Local)

St Mary Magdalene Anglican Church, Pt Lot 37, DP 752025, No 3025 River Road, Wisemans Ferry (Local)

Police station and residence, Lot 36, DP 752025, No 3031 River Road, Wisemans Ferry (Local)

Cable ferry, Lower Portland, River Road, Lower Portland (Local)

Cable ferry, Webbs Creek, River Road, Wisemans Ferry (Local)

Sackville Ferry Road

Cemetery, Lot 7009, DP 93097, No 437 Sackville Ferry Road, Sackville North (Local)

Brewongle Environmental Education Centre, Pt Lot 1, DP 121420, Nos 720–728 Sackville Ferry Road, Sackville North (Local)

Cable ferry, Sackville Ferry Road, Sackville (Local)

Seven Hills Road

House, Lot 10, DP 858072, No 51 Seven Hills Road, Baulkham Hills (Local)

Pearce Family Graves, Lot 100, DP 707538, Seven Hills Road, Baulkham Hills (State)

Showground Road

House, Lot 1, DP 840031, Nos 30–34 Showground Road, Castle Hill (Local)

“Dogwoods”, Lot 202, DP 551843, No 74 Showground Road, Castle Hill (Local)

House, Lot 1, DP 578072, No 107 Showground Road, Castle Hill (Local)

House, Lot 406, DP 860609, Nos 128–132 Showground Road, Castle Hill (Local)

St Johns Road

Slab hut, Lot 31, DP 872356, No 52 St Johns Road, Maraylya (Local)

Stone Cottage Court

House, Lot 27, DP 270304, No 9 Stone Cottage Court, Castle Hill (Local)

Success Avenue

“Baden Farm”, Lot 503, DP 878047, No 6 Success Avenue, Kellyville (Local)

Terry Road

McCall Garden Colony, Lot 1, DP 27502, Nos 10–32 Terry Road, Box Hill (State)

Thallon Street

Carlingford Stock Feeds, Lot 1, DP 515583 and Lot 2, DP 503904, No 1 Thallon Street, Carlingford (Local)

The Water Lane

Former Hunting Lodge, Lot 174, DP 10157, No 58 The Water Lane, Rouse Hill (State)

Valerie Avenue

Joyce Farmhouse, Lots 36 and 46, DP 238502, Nos 15 and 15A Valerie Avenue, Baulkham Hills (Regional)

Windermere Avenue

Houses, Lot 15, SP 74805, Nos 3–5 Windermere Avenue, Northmead (Local)

House, Lot 371, DP 878936, No 10 Windermere Avenue, Northmead (Local)

House, Lot 33, DP 8884, No 18 Windermere Avenue, Northmead (Local)

Windsor Road

Avenue of trees leading to Castle Hill Country Club, Lot 12, DP 778671, RMB 49, Windsor Road, Baulkham Hills (Local)

House, Lot 9, DP 621494, Nos 9 and 11 Windsor Road, Kellyville (Local)

Kellyville Public School, Lot 1, DP 439294, Lot 1, DP 782320 and Lot 20, DP 206082, No 35A Windsor Road, Kellyville (Local)

“Buena Vista”, Lot 43, DP 847331, No 43 Windsor Road, Kellyville (Regional)

House, Lot 10, DP 1061802, Nos 115 Windsor Road, Northmead (Local)

House, Lot 1, DP 946630, No 119 Windsor Road, Northmead (Local)

House, Lot 1, DP 863720, No 145 Windsor Road, Northmead (Local)

“The Pines”, Lot 11, SP 50794, Nos 153 and 155 Windsor Road, Northmead (Local)

House, Lot 3, DP 14725, No 175 Windsor Road, Northmead (Local)

House, Lot 41, DP 841313, No 177 Windsor Road, Northmead (Local)

House, Lot 5, DP 8884, No 179 Windsor Road, Northmead (Local)

House, Lot 6, DP 8884, No 181 Windsor Road, Northmead (Local)

House, Lots 7 and 8, DP 8884, Nos 183 and 185 Windsor Road, Northmead, (Local)

House, Lot 109, DP 815682, Nos 187 and 189 Windsor Road, Northmead (Local)

House, Pt Lot 1, DP 500482, No 209 Windsor Road, Northmead (Local)

House, Lot 3, DP 843608, No 215 Windsor Road, Northmead (Local)

Windsor Road from Baulkham Hills to Box Hill (State)

House, Lot 8, SP 66335, No 227 Windsor Road, Northmead (Local)

House, Lot 1, DP 26848, No 243 Windsor Road, Northmead (Local)

House, Lot 1, DP 780848, No 245 Windsor Road, Northmead (Local)

Baulkham Hills Public School, Lot 1, DP 866897, No 257 Windsor Road, Baulkham Hills (Local)

Bull and Bush Hotel, Lot 2, DP 783941, Nos 360–378 Windsor Road, Baulkham Hills (Regional)

House, Lot 5, DP 31331, No 389A Windsor Road, Baulkham Hills (Local)

Norfolk Pine Araucaria heterophylla, marking original entrance to Chelsea Farm, Lot 6, DP 255472, No 468 Windsor Road, Baulkham Hills (Local)

Norfolk Pine Araucaria heterophylla, marking original entrance to Chelsea Farm, Lot 7, DP 255472, No 470 Windsor Road, Baulkham Hills (Regional)

St Michael’s Church, Lot 100, DP 711470, No 520 Windsor Road, Baulkham Hills (Local)

House, Lot 10, DP 615435, No 523 Windsor Road, Baulkham Hills (Local)

Alliance Church, Lot 21, DP 852062, No 524 Windsor Road, Baulkham Hills (Local)

Former Divine Word Mission, Lot 1003, DP 857115, Windsor Road, Kellyville (Local)

Christchurch, Lot 10, DP 1087432, Windsor Road, Rouse Hill (Local)

Bridge structures below Windsor Road at Second Ponds Creek, Rouse Hill (Regional)

Mungerie, Lot 1, DP 270520, Windsor Road, Rouse Hill (Local)

Royal Oak Inn, Lot 101, DP 1058862, Windsor Road, Rouse Hill (State)

Rouse Hill Public School, Lot 1, DP 521503, Lot 2, DP 241463 and Lot 100, DP 1044226, Windsor Road, Rouse Hill (Local)

Former inn, Lot 11, DP 1009338, Windsor Road (No 93–103 Boundary Road), Box Hill (State)

Wisemans Ferry Road

“Caddie House” (Regional), barn (Local), silo and outbuildings (Local), Lot 2, DP 605329, Nos 2–18 Wisemans Ferry Road, Cattai

“Hope Farm House” (Regional), “Hope Farm Cottage” (Local), outbuilding and mill ruins (Local), Pt Lot 40, DP 752039, No 50 Wisemans Ferry Road, Cattai

Slab hut, Lot 21, DP 843427, 69 Wisemans Ferry Road, Cattai (Local)

“Johnstons”, Pt Lot 38, DP 136838 and Lot 37, DP 752039, No 76 Wisemans Ferry Road, Cattai (Local)

“Montrose”, Lot 101, DP 807427, No 96 Wisemans Ferry Road, Cattai (Local)

“Terry Mount”, Lot 31, DP 136837, No 76 Wisemans Ferry Road, Cattai (Local)

“Stonehouse Grove”, Lot 12, DP 811777, 1365 Wisemans Ferry Road, Cattai (Local)

Withers Road

House and barn, Lot 1, DP 773411, No 9 Withers Road, Kellyville (Local)

“Lintbrae”, house, Lot 1, DP 540785, Withers Road, Kellyville (Local)

Private burial ground, Lot 202, DP 858563, William Harvey Reserve No 405, Withers Road, Rouse Hill (Local)

Part 3Heritage conservation areas

Balcombe Heights Community Buildings Complex, Seven Hills Road, Baulkham Hills (Regional)

Bella Vista Homestead Complex, Old Windsor Road, Baulkham Hills (State)

Old Government Farm Site (Heritage Park), Banks Road, Castle Hill (State)

Burnside Homes, Pennant Hills Road, North Parramatta (State)

Schedule 2Exempt development

(Clause 8)

Note—

A person may carry out an activity specified in this Schedule without getting a consent from the Council, if the person complies with the exemption criteria that applies to the activity (which includes the deemed-to-satisfy provisions of the Building Code of Australia). However, the activity must not contravene any condition of a development consent already applying to the land and adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities not specifically set out in this Schedule still apply.

Requirements relevant to this Schedule are contained in the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and the Swimming Pools Act 1992 etc.

The following are examples of relevant provisions contained in State Environmental Planning Policy (Infrastructure) 2007:

• (a)

  Schedule 1 of State Environmental Planning Policy (Infrastructure) 2007 provides that development for the purpose of certain identification, directional, community information or safety signs associated with the use of road infrastructure is exempt development,

• (b)

  Clause 29 (3) of State Environmental Planning Policy (Infrastructure) 2007 provides that development for the purpose of a portable one storey classroom may be carried out by any person without consent on land on which a school is located.

Maximum height—1m above natural ground level.

Maximum grade—1:14 (vertical: horizontal).

Must comply with AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work.

Must be of structurally adequate construction.

Must not be a moving or flashing sign or other device.

Must not be a roof-top sign.

Must not be an airborne sign or a blimp.

Must not be an A-frame board or sign.

Signs over public roads must be set back at least 600mm from the edge of the carriageway.

Sign must relate to the use of the building or land on which it is displayed.

Only one per premises.

Maximum area—0.72m2.

Maximum height of freestanding sign—1.2m above natural ground level.

Must not be illuminated.

Only one per 20m of street frontage, per premises.

Maximum area—3.5m2.

If located on a fence, must not project more than 100mm from the fence.

Only one per premises or street frontage, whichever is the greater.

Maximum area—2.5m2.

Must be removed when the property is sold or leased.

If located on a fence, must not project more than 100mm from the fence.

Only one per street frontage.

Maximum area (residential areas)—1.5m2.

Maximum area (commercial and industrial areas)—3.5m2.

Must not include commercial advertising apart from the name of any event sponsor.

Must not be displayed earlier than 28 days before the event and must be removed within 14 days after the event.

Maximum number of aerials or antennae—3.

Maximum height—6m.

Must be for domestic use only.

Must be of structurally adequate construction.

Noise level must not exceed 5dB(A) above ambient background noise level measured at the property boundary.

Building work must not reduce the structural integrity of the building.

Any opening created must be adequately weatherproofed.

Maximum area—20m2.

Maximum height—2.4m above natural ground level.

Must be located behind the building setback and must be at least 500mm from each property boundary.

Must be of structurally adequate construction.

Maximum area—2m2.

Maximum chimney height—2m above natural ground level.

Must be located in rear yard or courtyard area.

If located behind a courtyard wall, chimney must not extend more than 200mm above the wall.

Must not be located adjoining a property boundary.

Must be of structurally adequate construction.

Maximum area—10m2.

Maximum height—2.1m above natural ground level.

Must be constructed of non-reflective materials.

Must be located in rear yard.

Must be located at least 500mm from each property boundary.

Must be located at least 9m from any dwelling on each adjoining property.

Must be for domestic purposes only.

Must be of structurally adequate construction.

Maximum area—10m2.

Maximum height—2.4m above natural ground level.

Must not be used for habitable purposes.

Stormwater runoff must be connected to existing stormwater system.

Must be constructed of non-reflective materials.

Must be located in rear yard.

Must be located at least 500mm from each property boundary.

Must be of structurally adequate construction.

Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Maximum area—20m2.

Maximum height—2.4m above natural ground level.

Must be located behind the building setback.

Must be at least 500mm from the side and rear property boundaries.

Stormwater runoff must be connected to existing stormwater system.

Must be of structurally adequate construction.

Must be installed in accordance with manufacturer’s specifications.

Maximum height—2.1m above natural ground level.

Maximum area—10m2.

Must be installed in accordance with manufacturer’s specifications.

Must comply with the following:

• (a)

  AS 1924.1—1981, Playground equipment for parks, schools and domestic use, Part 1: General requirements,

• (b)

  AS 1924.2—1981, Playground equipment for parks, schools and domestic use, Part 2: Design and construction—Safety aspects,

• (c)

  AS/NZS 4486.1:1997, Playgrounds and playground equipment, Part 1: Development, installation, inspection, maintenance and operation.

Structure must be at least 1.2m from a pool safety fence measured in accordance with AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

Must be of structurally adequate construction.

Maximum area—10m2.

Finished surface level must not be greater than 1m above existing ground level.

Boundary setbacks for existing dwelling must be maintained.

Must be of structurally adequate construction.

Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

May only be carried out if erection of the structure is exempt development under this Plan.

Demolition must be carried out in accordance with AS 2601—2001, Demolition of structures.

Must be constructed so that they do not prevent the natural flow of stormwater drainage or run off.

Maximum height for side fences between the building line and street or any other public place, and front fences—1m above natural ground level.

Maximum height for side fences between the building line and the rear boundary, and for rear boundary fences—1.8m above natural ground level.

Must be constructed of timber, metal or lightweight materials.

Must be erected in accordance with AS/NZS 3014:2003, Electrical installations—Electric fences.

Maximum height—1m above natural ground level.

Must be constructed of chain wire type fencing.

Does not include a flagpole used for the display of corporate flags.

Maximum height—9m above natural ground level.

Must be installed in accordance with manufacturer’s specifications.

If flagpole is to project over a public road, must be installed in accordance with the requirements of the Local Government (General) Regulation 2005.

Must be of structurally adequate construction.

Maximum height—6m above natural ground level.

Must be installed in accordance with manufacturer’s specifications.

If flagpole is to project over a public road, must be installed in accordance with the requirements of the Local Government (General) Regulation 2005.

Must be of structurally adequate construction.

Maximum area—50m2.

Maximum height—3m above natural ground level.

Must be structurally adequate.

Only one per property.

Must be constructed of non-reflective materials.

Must include provision for adequate drainage.

Must be located at least 9m from any dwelling.

Must be of structurally adequate construction.

Maximum size—5,000 litres.

Must be constructed of prefabricated metal.

Must be freestanding.

Must be erected in accordance with manufacturer’s specifications.

Must comply with AS 1940—2004, The storage and handling of flammable and combustible liquids.

Must not be erected within 20m of the street boundary or within 4m of a side or rear boundary.

Must not encroach on any registered easements.

Must meet any applicable requirements in respect of clearance from overhead power lines.

Maximum floor area—10m2.

Maximum height—2.1m above natural ground level.

Must be constructed of prefabricated material.

Must be freestanding.

Must be erected in accordance with manufacturer’s specifications.

Must be located in the rear yard of premises.

Must be constructed of non-reflective materials.

Must be of structurally adequate construction.

Maximum number of horses or animals—4.

Maximum size—50m2.

Maximum height—3m above natural ground level.

Must be constructed of cut or round timber or of metal.

Any cladding must have a low reflective finish and must be fixed in accordance with manufacturer’s specifications.

Must not be erected within 20m of a road boundary or 10m from the side or rear boundaries.

Must not encroach on any registered easement.

Must be erected in accordance with the requirements of the Local Government (General) Regulation 2005.

Must be of structurally adequate construction.

Must only be landscaping works carried out in conjunction with other exempt development.

Maximum height—1.2m above natural ground level.

Must be sufficient boxes to provide one for each occupancy.

Must have appropriate numbering for each box.

Must be structurally stable with adequate footings.

Internal:

• (a)

  Must only be non-structural work, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building.

• (b)

  Floor area must not exceed 20m2.

• (c)

  Must not compromise fire safety or affect accessibility to a fire exit.

• (d)

  Must not change the configuration of rooms whether by removal of walls or other means of structural support.

• (e)

  If alterations relate to a food premises, must be carried out in accordance with the requirements of the Food Standards Code under the Food Act 2003.

External:

• (a)

  Must only be changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work.

• (b)

  Must not be the enlargement or extension of the building or work.

Internal:

• (a)

  Must only be 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.

• (b)

  Must only be alterations or renovations to previously completed buildings.

• (c)

  Must not cause reduced window arrangements for light and ventilation needs, cause reduced doorways for egress purposes or involve enclosure of open areas.

External:

• (a)

  Must only be changes that involve the repair or renovation, or the painting, plastering or other decoration, of the building or work.

• (b)

  Must not be the enlargement or extension of the building or work.

Stormwater from patio surface must not be redirected into adjoining property.

Must have sufficient step down to prevent the entry of water into the dwelling.

Must be of structurally adequate construction.

Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Maximum area—20m2.

Maximum height—2.4m above natural ground level.

Must maintain boundary setbacks required for the associated dwelling with a minimum of 900mm from a boundary.

Must be of structurally adequate construction.

Must comply with the site coverage requirements specified in Baulkham Hills Development Control Plan, as adopted by the Council.

Residential use:

• (a)

  Maximum height—2.1m above natural ground level.

• (b)

  Maximum ground coverage—10m2.

• (c)

  Must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

Non-residential use:

• (a)

  Maximum height—2.1m above natural ground level.

• (b)

  Maximum ground coverage—10m2.

• (c)

  Must have adequate safety arrangements, including soft landing surfaces.

• (d)

  Must be at least 1.2m away from a pool safety fence measured in accordance with AS 1926.1—2007Swimming Pool Safety, Part 1: Safety barriers for swimming pools.

Maximum height—2.4m above natural ground level.

Maximum length—10m.

Must be installed in rear yard.

Must be constructed of translucent materials.

Must be free-standing and not attached to boundary fence without adjoining property owner’s consent.

Must be of structurally adequate construction.

Must only involve replacing existing materials with similar materials that are compatible with the existing building and finish.

If re-cladding, must not involve structural alterations or change to the external configuration of a building.

If work involves asbestos, is not in a workplace and has a value of not more than $12,000—if undertaken in accordance with Working With Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by WorkCover Authority.

Work involving lead paint removal must not cause lead contamination of air or ground.

Maximum height of 0.6m above natural ground level for retaining filling and maximum 1m below natural ground level for excavation.

Masonry walls must comply with the following:

• (a)

  AS 3700—2001, Masonry structures,

• (b)

  AS 3600—2001, Concrete structures,

• (c)

  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,

• (d)

  AS/NZS 1170.2:2002, Structural design actions, Part 2: Wind actions.

Timber walls must comply with the following:

• (a)

  AS 1720.1—1997, Timber structures, Part 1: Design methods,

• (b)

  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,

• (c)

  AS/NZS 1170.2:2002, Structural design actions, Part 2: Wind actions.

Must be constructed so that the walls do not prevent the natural flow of stormwater drainage or run-off.

Maximum area—20m2.

Must be located behind the building line.

Must be attached to an external wall of a dwelling.

Must be installed in accordance with manufacturer’s specifications.

Must meet the standards specified under clause 116 of State Environmental Planning Policy (Infrastructure) 2007.

Maximum size—50m2.

Maximum height—5m above natural ground level.

Must be constructed of non-reflective materials.

Must be constructed of prefabricated metal.

Roof water must not be discharged onto adjoining properties and must be directed to a water tank or 3m clear of any structure.

Must not be erected within 20m of a boundary adjoining a road or within 10m of rear and side boundaries.

Must not encroach into any registered easement.

Must be located clear of septic disposal area or other services.

Must not be erected within 20m of a dwelling on an adjoining property.

Must not be a machinery or hay shed unrelated to the normal agricultural activities on the property.

Must be of structurally adequate construction.

Maximum area of skylight—2m2.

Must be located at least 900mm from each property boundary or a wall separating attached dwellings.

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.

Must be installed in accordance with manufacturer’s specifications.

Must meet the standards specified under clause 39 of State Environmental Planning Policy (Infrastructure) 2007.

Maximum yard area—0.5 hectare.

Maximum height—2.7m above natural ground level.

Must be of structurally adequate construction.

Must be constructed of timber or metal.

Must not be erected within 20m of the street boundary or within 4m of a side or rear boundary.

Must not be erected within 50m of a watercourse, a dwelling on an adjoining property or any registered easement.

Must be used in association with normal agricultural activities on the property.

Must be of structurally adequate construction.

Maximum water depth—300mm.

Maximum area—10m2.

Overflow must not cause a nuisance to adjoining properties.

Includes replacements or new installations.

Work must not reduce the structural integrity of the building or involve structural alterations.

Must be installed by a licensed tradesperson.

Includes up to 2 tanks per dwelling and up to 2 tanks associated with farm buildings not near a dwelling.

Maximum capacity of 10,000 litres, or in the case of a tank installed on a lot used for an educational establishment, 25,000 litres.

Maximum height—3.0m above natural ground level (including stand).

Must be located at least 450mm from each property boundary.

Must not be situated closer to a street than an associated dwelling.

Must comply with the installation and maintenance specifications of the manufacturer or designer or the public authority that has responsibility for the supply of water to the premises on which the tank is installed.

Must be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the construction of a rainwater tank.

The installation of the tank must not involve the excavation of more than 1m from the existing ground level, or the filling of more than 1m above the existing ground level.

Must be designed to capture and store only roof water from gutters or downpipes on a building.

A sign must be affixed to the tank clearly stating that the water in the tank is rainwater.

Any overflow from the tank must be directed into an existing stormwater system.

Only one per premises.

Maximum storage capacity of 10,000 litres, or in the case of a tank installed on a lot used for an educational establishment, 25,000 litres.

Maximum height—3m above natural ground level (including stand).

Must be located at least 450mm from each property boundary.

Must not be situated closer to a street than an associated dwelling.

Must comply with the installation and maintenance specifications of the manufacturer, designer or the public authority that has responsibility for the supply of water to the premises on which the tank is installed.

Must be designed to capture and store only roof water from gutters or downpipes on a building.

Tank must be maintained to prevent mosquito breeding or overflow.

A sign must be affixed to the tank clearly stating that the water in the tank is rainwater.

Any overflow from the tank must be directed into an existing stormwater system.

Any pump used in conjunction with the water tank must not create an offensive noise.

Must not encroach on any registered easement.

Must be freestanding.

Must be installed in accordance with the manufacturer’s specifications.

Must be constructed in accordance with engineer’s certification for the structure and footings.

Must meet any applicable requirements in respect of clearance from overhead power lines.

Replacement in residential premises must be with materials that comply with:

• (a)

  AS 1288—1994, Glass in buildings—Selection and installation, and

• (b)

  AS/NZS 2208:1996, Safety glazing materials in buildings.

Must not reduce the area provided for light and ventilation.

Structural support members must not be removed.

If for commercial or industrial premises, the reflectivity index must not exceed 20%.

Must meet any requirements in respect of clearance from power lines.

Schedule 3Development prohibited in certain zones

(Table to clause 13)

Development for the purpose of:

• •

  airline terminals

• •

  amusement parks

• •

  animal boarding, breeding and training establishments

• •

  bulky goods premises

• •

  bus depots

• •

  bus stations

• •

  car repair stations

• •

  caravan parks

• •

  clubs

• •

  commercial premises

• •

  extractive industries

• •

  generating works

• •

  guest houses

• •

  helipads

• •

  heliports

• •

  hospitals

• •

  hotels

• •

  industries (other than home activities)

• •

  institutions

• •

  intensive lot feeding of livestock

• •

  junk yards

• •

  landscape supply establishments

• •

  light industries

• •

  liquid fuel depots

• •

  mines

• •

  motels

• •

  motor showrooms

• •

  motor vehicle servicing

• •

  offensive or hazardous industries

• •

  pig keeping

• •

  poultry farming

• •

  reception establishments

• •

  recreation facilities

• •

  research establishments

• •

  restaurants

• •

  retail plant nurseries

• •

  roadside stalls

• •

  road transport terminals

• •

  rural industries

• •

  rural workers’ dwellings

• •

  sawmills

• •

  service stations

• •

  shop-top housing

• •

  shops

• •

  stock and sale yards

• •

  tourist facilities

• •

  transport terminals

• •

  veterinary establishments

• •

  warehouses

• •

  waste disposal

• •

  wholesale plant nurseries

Schedule 4Shops allowed in certain zones

(Table to Clause 13)

Chemists’ shops

Financial services

Hairdressing salons

Industrial real estate brokerages

Liquor stores

Medical practitioners’ surgeries

Milk bars and sandwich shops

Newsagencies

Schedule 5Classification and reclassification of public land as operational land

(Clause 54)

Part 1Interests not changed

Column 1	Column 2
Locality	Description
Baulkham Hills
13Z Seven Hills Road	Part of Lot 1, DP 1041547, as shown coloured light scarlet, edged red and lettered “2 (a1)” on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 12)”.
Kellyville
Cattai Creek Conservation Area Reserve No 416, Glenhaven Road	Proposed Lot 2 in subdivision of Lot 151, DP 869424, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 14)”

Part 2Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Kellyville
92 Wrights Road	Part of Lot 70, DP 1125269, as shown coloured light blue and edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 13)”.	Nil

Schedule 6Additional development on certain land

(Clause 56)

Column 1	Column 2	Column 3
Lot 14, DP 21212	Development for the purpose of a real estate office, garage/storage area and staff amenities	The floor area must not exceed the following: (a) real estate office—148m2, (b) garage/storage area—50m2, (c) staff amenities—17m2.
Lot 16, DP 21212	Development for the purpose of a kitchen showroom and garage/storage area	The floor area must not exceed the following: (a) kitchen showroom—80m2, (b) garage/storage area—28m2.
Lot 17, DP 21212	Development for the purpose of a real estate office, garage/storage area and staff amenities	The floor area must not exceed the following: (a) real estate office—125m2, (b) garage/storage area—40m2, (c) staff amenities—8m2.
Lot 13, DP 135351, No 46 Windsor Road, Kellyville	Development for the purpose of an insurance and financial services office	The floor area of the insurance and financial services office must not exceed 85m2.
Lot 1, DP 1063774, No 2 Schwebel Lane, Glenorie	Development for the purpose of a concrete batching plant	The total annual production of concrete and concrete products must not exceed 20,000 tonnes.
Lot 15, DP 21212, No 42 Windsor Road, Kellyville	Development for the purpose of a real estate office and garage area	The floor area must not exceed the following: (a) real estate office—116m2, (b) 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)”	Development for the purpose of a service station building containing areas for sales and amenities, an office and a convenience store	The total area occupied by the convenience store and amenities must 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 only for the purpose of a service station.
Lot 6, DP 232975, Lot 16, DP 806095, Lot 109, DP 793840 and part of Lot 2, DP 567579, Seven Hills Road, Baulkham Hills and Lot 17, DP 806095, Bass Drive, Baulkham Hills, as shown edged heavy black on the map marked “Baulkham Hills Local Environmental Plan 2005 (Amendment No 3)”	Development for the purpose of a retail plant nursery, including an office, display, staff amenities, storage and parking	The floor area of the nursery buildings used for retail, display, office, storage and staff amenities must not exceed 1,650m2.
Lot 6012, DP 1098937, Elizabeth Macarthur Drive, Bella Vista	Development for the purpose of shops	The total gross floor area of the shops must not exceed 3,890m2.
Lots 3 and 4, DP 270592, Circa Boulevard, Bella Vista	Development for the purpose of neighbourhood shops	The retail floor area of each neighbourhood shop must not exceed 100m2 and must be located on the ground floor of commercial premises. The total gross floor area of the neighbourhood shops must not exceed 1,000m2.