Blacktown Local Environmental Plan 1988 (Amendment No 214) (2006-465) [GG No 103 of 18.8.2006, p 6345] (NSW)

Case
No judgment structure available for this case.

2006 No 465

New South Wales

Blacktown Local Environmental Plan

1988 (Amendment No 214)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (P02/00115/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 103 of 18 August 2006, page 6345

Page 1

2006 No 465

Clause 1

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Blacktown Local Environmental Plan 1988 (Amendment

No 214)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Blacktown Local Environmental Plan 1988 (Amendment

No 214).

2      Aim of plan

The aim of this plan is to revise the provisions of Blacktown Local Environmental Plan 1988 that relate to exempt and complying development and advertising.

3      Land to which plan applies

This plan applies to all land to which Blacktown Local Environmental

Plan 1988 applies.

4 Amendment of Blacktown Local Environmental Plan 1988

Blacktown Local Environmental Plan 1988 is amended as set out in

Schedule 1.

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]      Clause 6 Interpretation

Insert in alphabetical order in clause 6 (1):

flood liable land means land which would be inundated as a result of a flood having an annual exceedence probability of 1% as determined in any study adopted by the council.

local overland flooding means inundation by local runoff rather than overbank discharge from a stream, river, estuary, lake or dam.

virgin excavated natural material or VENM means natural

material (such as clay, gravel, sand, soil and rock) that:

(a)

is not mixed with any other type of waste, and

(b)

has been excavated from areas of land that are not contaminated.

[2]      Clause 9 Zone objectives and development control table

Omit “Agriculture (other than intensive lot feeding of livestock)” wherever occurring in item 2 of the matter relating to Zone No 1 (a) and Zone No 1 (b) in the Table to the clause.

Insert instead “Nil”.

[3]      Clause 9, Table

Omit “Advertisements (other than advertisements identified as exempt development in Schedule 6); amusement centres;” from item 4 of the matter relating to Zone No 1 (a).

Insert instead “Amusement centres;”.

[4]      Clause 9, Table

Omit “Advertisements (other than advertisements identified as exempt development in Schedule 6); drains;” from item 3 of the matter relating to Zone No 5 (b).

Insert instead “Drains;”.

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

[5]      Clauses 9A and 9B

Omit the clauses. Insert instead:

9A

Exempt development

Development specified in Schedule 6 is exempt development provided it satisfies all of the applicable criteria, if any, in that Schedule and the development:

(a)

complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b)

does not result in a total roofed coverage of the land that exceeds 0.66:1, and

(c)

does not involve the removal, lopping, topping or ringbarking of a tree, and

(d)

does not encroach upon any easement or right-of-way, and

(e)

is carried out at least 1 metre from any easement or public sewer main and complies with the building over sewer requirements of Sydney Water Corporation applying to the land, and

(f)

meets the requirements of the Sydney Water Corporation, including obtaining a certificate of compliance if required, and

(g)

is not on land that contains threatened species, threatened populations or endangered ecological communities or land that is subject to a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, and

(h)

does not contravene any condition of a development consent applying to the land, and

(i)      is not on land that is or contains an item of the environmental heritage listed in Schedule 2, and

(j)

is not on land that is:

(i)

dedicated or reserved under the National Parks and Wildlife Act 1974, or

(ii)

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

(iii)

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

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

(iv)      subject to an order under the Heritage Act 1977, or

(v)      identified in an environmental planning instrument as a wetland, or within 20 metres of a wetland, or

(vi)      an aquatic reserve declared under the Fisheries Management Act 1994, or

(vii)      flood liable land, or

(viii)      identified as subject to local overland flooding under Blacktown Development Control Plan 1992, or

(ix)      steeper than 33% slope (to the horizontal) within any building footprint, or

(x)     within an area identified as being of high archaeological significance under Blacktown Development Control Plan 1992, or

(xi)      identified as a known archaeological site under Blacktown Development Control Plan 1992, or

(xii)     contaminated, within the meaning of the Contaminated Land Management Act 1997, or

(xiii)      subject to subsidence or slip, or

(xiv)     within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by Land and Property Information NSW, or

(xv)      identified as a riverine scenic area under Sydney Regional Environmental Plan No 20— Hawkesbury-Nepean River (No 2—1997), or

(xvi)     identified as bushfire prone on the council’s bushfire prone land map.

Note. Section 76 (3) of the Environmental Planning and Assessment Act 1979 states that exempt development cannot be carried out on land that is:

(a)

critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)

within a wilderness area (within the meaning of the Wilderness Act 1987).

Exempt development identified in Schedule 6 to this plan may be carried out without development consent and without any environmental assessment under the Environmental Planning and Assessment Act 1979. The plan does not affect any other requirement for approval or authorisation required under another Act. If any of the applicable criteria for exempt development as listed above and in Schedule 6 cannot be met then that development may only be carried out with the consent of the council.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

9B

Complying development

(1)

Development specified in Schedule 7 is complying development if it is local development of a kind that can be carried out with consent on the land on which it is proposed and provided that it satisfies all of the applicable criteria, if any, in that Schedule and the development:

(a)

complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(b)

does not result in a total roofed coverage of the land that exceeds 0.66:1, and

(c)

does not encroach upon any easement or right-of-way, and

(d)

is not on land that contains threatened species, threatened populations or endangered ecological communities or land that is subject to a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, and

(e)

meets the requirements of the Sydney Water Corporation, including obtaining a certificate of compliance if required, and

(f)

has had a BASIX certificate issued in relation to it, if required, and

(g)

does not contravene any condition of a development consent applying to the land, and

Note. Section 76A (6) of the Environmental Planning and Assessment Act 1979 Act states the following development can not be complying development:

(a)

designated development,

(b)

any development, if consent for it requires the concurrence of a person (other than the consent authority or the Director-General of National Parks and Wildlife as referred to in section 79B (3) of the Environmental Planning and Assessment Act 1979).

(h)

is not on land that is or contains an item of the environmental heritage listed in Schedule 2, and

(i)      is not on land that is:

(i)

dedicated or reserved under the National Parks and Wildlife Act 1974, or

(ii)

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

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

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Schedule 1

(iii)      an Aboriginal place, or contains an Aboriginal relic, under the National Parks and Wildlife Act 1974, or

(iv)      subject to an order under the Heritage Act 1977, or

(v)      identified in an environmental planning instrument as a wetland, or within 20 metres of a wetland, or

(vi)      an aquatic reserve declared under the Fisheries Management Act 1994, or

(vii)      flood liable land, or

(viii)      identified as subject to local overland flooding under Blacktown Development Control Plan 1992, or

(ix)      steeper than 33% slope (to the horizontal) within any building footprint, or

(x)     within an area identified as being of high archaeological significance under Blacktown Development Control Plan 1992, or

(xi)      identified as a known archaeological site under Blacktown Development Control Plan 1992, or

(xii)     contaminated, within the meaning of the Contaminated Land Management Act 1997, or

(xiii)      subject to subsidence or slip, or

(xiv)     within 40 metres of a perennial watercourse identified by a 1:50,000 topographic map held by Land and Property Information NSW, or

(xv)      identified as a riverine scenic area under Sydney Regional Environmental Plan No 20— Hawkesbury-Nepean River (No 2—1997), or

(xvi)      within an area marked as clause 12 (3) or clause 12 (4) on the map, or

(xvii)     identified as bushfire prone on the council’s bushfire prone land map.

Note. Section 76A (6) of the Environmental Planning and Assessment Act 1979 states development cannot be complying development if it is carried out on land:

(a)

that is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)

that is within a wilderness area (within the meaning of the Wilderness Act 1997), or

(c)

that comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

(d)

that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development.

(2)

A complying development certificate issued for any such development (other than development for the purpose of a bed and breakfast establishment) must include those conditions specified in Schedule 8 that are applicable to that particular type of development the subject of the certificate.

Note. Complying development identified in Schedule 7 to this plan does not affect any other requirement for approval or authorisation required under another Act. If any of the applicable criteria for the relevant complying development as listed above and in Schedules 7 and 8 cannot be met then that development may only be carried out with the consent of the council.

[6]      Clause 37

Omit the clause. Insert instead:

37

Advertisements

(1)

The objectives of this clause are:

(a)

to provide for the placement of outdoor advertisements on land in a manner and style that is directly related to and is compatible with the purpose for which the land is zoned, and

(b)

to provide for signage that is complementary in scale, form and location with its surroundings, and

(c)

to ensure that outdoor advertising does not detract from the safety, efficiency, appearance or amenity of the streetscape.

(2) Before granting consent to development relating to an

advertisement:

(a)

the council must consider both the objectives of this clause and the relevant zone objectives, and

(b)

the council must be satisfied that the applicant can demonstrate the following:

(i)

the advertisement relates to a use of the land on which it is to be situated,

(ii)

the advertisement will not detract from the amenity of the local environment because of its appearance, size, design, illumination or location, or as a result of the number and location of advertisements within the vicinity,

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

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Schedule 1

(iii)      the size and likely impact of the advertisement is compatible with the size and design of the premises on which the advertisement is to be constructed and with the size and design of the surrounding buildings,

(iv)      the advertisement will not detract from any items of scenic, historic, architectural, scientific or cultural interest,

(v)     appropriate setbacks, clearances and structural features are incorporated into the proposal to ensure safe pedestrian and vehicular traffic circulation,

(vi)      the advertisement is not a flashing or moving sign.

(3)

This clause does not apply to development for the purpose of

advertisements that is exempt development.

[7]      Schedule 1

Omit “Advertisements (other than advertisements identified as exempt development in Schedule 6)”.

[8]      Schedules 6–8

Omit the Schedules. Insert instead:

Schedule 6

Exempt development

(Clause 9A)

Item Type of development

Criteria

1

Access ramp

(a)

Applies only to a Class 1 or private Class 10 building.

(b)

Maximum overall height 1m.

(c)

Maximum grade 1 (vertical):

8 (horizontal).

(d)

Located within the property

boundaries.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

2

Advertisement

General provisions that are applicable to each advertisement including a street sign, directional sign or traffic management

sign:

(a)

Does not cover, obstruct or interfere with facilities essential to the function or occupation of any building (eg

ventilation ducts/openings and

architectural features).

(b)

Does not incorporate flashing or moving components.

(c)

Each element incorporated in the adequate.

2.1 Awning or under awning

(a)

Within a Business or Industrial zone.

sign (illuminated and

(b)

One per premises.

non-illuminated)

(c)

Securely attached to the awning.

(d)

Maximum area 2m2.

(e)

Under awning sign minimum height 2.6m above any footway.

(f)

Minimum horizontal distance 600mm

from the road kerb/shoulder.

(g)

Minimum horizontal distance 3m awning sign.

2.2 Business identification

(a)

Within a Residential, Rural or Special

sign

Uses zone.

(b)

Limited to a flush or painted wall sign and pole or pylon sign.

(c)

One per premises.

(d)

Maximum area 1m2.

(e)

Located within the property

boundaries.

(f)

Not directly illuminated by either an external or internal light source.

(g)

Maximum overall height 2m above any adjacent ground level.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

Item Type of development

Criteria

2.3 Development advisory

(a)

Limited to a flush or painted wall sign

sign and real estate sign

and pole or pylon sign.

(b)

One per road frontage.

(c)

Maximum area 2.5m2 in a Residential, Rural, Special Uses or

Open Space zone and maximum area

4m2 in a Business or an Industrial

zone.

(d)

Does not obstruct pedestrian or road with public safety.

(e)

Not erected or placed in, on, or above any public place.

(f)

Residential, Rural, Special Uses or

Maximum overall height 2m in a overall height 3m in a Business or Industrial zone.

(g)

Not directly illuminated by either an external or internal light source where within a Residential, Rural, Special

Uses or Open Space zone.

(h)

A development advisory sign relates Development Application.

(i)

A development advisory sign must be completion of the development.

2.4 Fascia sign

(a)

Within a Business or Industrial zone.

(b)

Not to project above or below the fascia or return end of the awning to which it is attached.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

2.5 Fin or projecting wall sign

(a)

Within a Business or Industrial zone.

(illuminated and

(b)

One per premises.

non-illuminated)

(c)

Securely attached to wall.

(d)

Maximum area 2.5m2.

(e)

Minimum height 2.6m above any footway.

(f)

Minimum horizontal distance 600mm

from the road kerb/shoulder.

(g)

Not to extend above the top of the wall to which it is attached.

2.6 Flush or painted wall sign

(a)

Within a Business or Industrial zone.

(b)

One per premises.

(c)

Securely attached to wall.

(d)

Minimum height 2.6m above any footway.

(e)

Maximum area 2.5m2.

2.7 School sign

(a)

Within a school zone or on land used for a primary or secondary education purpose approved by the council.

(b)

Maximum area 1m2 per sign.

(c)

Minimum distance 3.5m from any other sign.

(d)

Maximum overall height 1.5m above adjacent ground level.

(e)

Maximum of 6 signs per road frontage.

(f)

Not directly illuminated by any external or internal light source.

2.8 Temporary sign (such as a

(a)

Not erected or placed in, on or above

banner, notice board or the

any public place.

like)

(b)

Maximum 1 per property.

(c)

Maximum area 4m2.

2.9 Top hamper sign

(a)

Within a Business or Industrial zone only.

(b)

Securely attached to the wall transom.

(c)

Maximum area 2.5m2.

(d)

Maximum height 500mm above the top of the door opening.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

Item Type of development

Criteria

2.10 Window sign

(a)

Within a Business or Industrial zone.

(b)

Maximum aggregate area of signs on a window is 20% of the window area.

3

Air conditioning unit

(a)

Applies only to a Class 1 or Class 10 building within a Residential or Rural zone.

(b)

Any openings in external walls to be adequately waterproofed.

(c)

Structural integrity of building not adversely affected.

(d)

Compliance with noise control Environment Operations Act 1997.

4

Amenities building,

(a)

Maximum area 100m2.

constructed by or for the

(b)

Maximum overall height 3m above

council (including change

room, toilet, kiosk, and other

adjacent ground level.

like facilities)

(c)

Compliance with any relevant

Australian Standard.

(d)

Located on land zoned 6 (a) Public Recreation or 5 (a) Special Uses— General Zone where drainage is the use indicated.

(e)

Located minimum 20m from any residential land.

(f)

Any roofwater drains to a street or interallotment drainage system or other existing approved stormwater

drainage system.

(g)

Does not include a grandstand.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

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Amendments

Item Type of development

Criteria

5

Animal enclosure

(a)

Maximum area 5m2 (aggregate).

(b)

Maximum overall height 2.5m above adjacent ground level.

(c)

Located minimum 6m from any adjacent dwelling, shop, factory, school or place of public worship.

(d)

Located a minimum of 20m from any property boundary adjoining a public place or behind any existing

authorised building setback

(whichever is the lesser) and a

minimum 6m from any other property

boundary.

(e)

Applies to an enclosure for the housing of domestic pets.

(f)

Complies with the council’s Local Animals on Private Property.

(g)

Located behind the building line in the Rural zone.

6

Awning, including a deck or

(a)

Maximum aggregate area 10m2 for

patio roof, shade canopy or

rigid structures and 20m2 for flexible

storm blind

(sail-type) structures.

(b)

Maximum overall height 2.5m above adjacent ground level.

(c)

Located minimum 500mm from any property boundary.

(d)

Located behind the existing building line or, alternatively, minimum 20m from any property boundary or public place.

(e)

Any roofwater is drained to the existing stormwater drainage system.

7

Barbecue structure

(a)

Maximum area 5m2 (aggregate).

(b)

Maximum overall height 2.5m above adjacent ground level.

(c)

Located minimum 500mm from any side or rear property boundary.

(d)

Located behind the existing building line, or where there is none, minimum 20m from the front property

boundary.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

Item Type of development

Criteria

8

Cabana, greenhouse or

(a)

Maximum area 10m2 (aggregate).

gazebo

(b)

Maximum height 2.5m above

adjacent ground level.

(c)

Located behind existing building line, minimum 20m from the property boundary adjoining a public place.

(d)

Any roofwater drains to a street or interallotment drainage system or other existing approved stormwater

drainage system.

9

Clothing recycling bin

(a)

Installed within a building.

(b)

Has written consent from the owner of the building.

(c)

Does not interfere with required exits, paths of travel to exits and installed fire fighting equipment services.

(d)

Maintenance schedule in place to ensure bin and adjacent areas kept clean and tidy.

10

Cubbyhouse

(a)

Associated with the existing

residential use of land.

(b)

Maximum area 5m2 (aggregate).

(c)

Maximum height 2.5m above

adjacent ground level.

(d)

Located minimum 500mm from any side or rear property boundary.

(e)

Located behind the existing building line, or where there is none, minimum 20m from any property boundary.

11

Day care centre

Within a Residential or Rural zone.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

12

Deck (unroofed) or landing

(a)

Not located within a swimming pool area.

(b)

Attached to existing dwelling.

(c)

Maximum area 10m2 (aggregate).

(d)

Floor level maximum 500mm above adjacent ground level.

(e)

Minimum 500mm from any side or rear property boundary.

(f)

Located behind existing building line, or where there is none, minimum 20m from any property boundary.

13

Demolish a Class 10 building

(a)

Maximum floor area 50m2.

or other development that is

(b)

Undertaken in accordance with AS

“exempt development”

2601—2001, Demolition of

structures, and where applicable, the

WorkCover Authority of NSW

publications Your guide to working

with asbestos (March 2003) and Fibro

and asbestos—a renovator and

homeowner’s guide (September

2004), or any succeeding Standard or

publication.

(c)

All demolition works undertaken have regard to the council’s Site Waste Management and Minimisation

Development Control Plan.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

Item Type of development

Criteria

14

Development ancillary to the

(a)

Not ancillary to work involving any

private residential use of

vehicular crossing or disturbance of

land (including play

the footway.

equipment, clothes line,

(b)

Installed to manufacturer’s

landscaping, water feature,

letter box, pavement,

specifications or relevant Australian

parking and stormwater

Standard, where applicable.

drainage on private land

(c)

Any landscaping water feature (such

connecting to a public

as a fishpond) being maximum

stormwater or council

300mm deep and maximum area 5m2

approved drainage system or

(aggregate).

the like).

(d)

Not located on or over public land.

(e)

concentrate or alter the natural flow of

surface water unless such water is

graded and drained to a drainage

system that complies with AS/NZS

3500.3:2003, Plumbing and drainage,

Part 3: Stormwater drainage and

Any impervious pavement does not council approved drainage system.

15

Fence, dividing or boundary

General provisions that are applicable to

(other than a fence required

all fencing:

by the Swimming Pools Act

(a)

Not to interfere with the natural flow

1992)  of surface water.

(b)

Not erected on or over a public place.

(c)

Maximum overall height 900mm constructed of masonry or brickwork.

(d)

Not electrified or constructed of materials.

15.1 Front or side fence

(a)

Maximum overall height (including

forward of the building line

any retaining wall on which it may be erected) 900mm above any adjacent ground level if constructed of timber panels/palings or pre-coloured sheet metal.

(b)

Maximum overall height (including erected) 1.2m above any adjacent ground level if constructed of open and decorative materials (eg picket, ranch style, wrought iron).

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

15.2 Rear fence and side fence

Maximum overall height 1.8m above

between the building line and

adjacent ground level if constructed of

rear boundary

timber, pre-coloured sheet metal, chain mesh, or similar lightweight materials.

15.3 Security fence enclosing

No specific criteria.

only a council or public

authority depot/compound

16

Flagpole

(a)

Maximum overall height 6m above adjacent ground level.

(b)

Installed to manufacturer’s

specifications.

(c)

Maximum flag area 2m2.

(d)

Maximum 1 flagpole for each property.

(e)

Located within the property

boundaries.

(f)

Not used for general advertising purposes.

17

Garage sale

(a)

Associated with the existing

residential use of land.

(b)

Maximum 2 sales in any one calendar year.

(c)

Conducted during daylight hours.

(d)

No goods, items, signs or the like are to be placed upon any public place.

(e)

Maximum 2 days per sale.

18

Garden shed/lawn locker

(a)

Within a Residential or Rural zone.

(b)

Freestanding.

(c)

Maximum floor area 10m2.

(d)

Maximum overall height 2.5m above adjacent ground level.

(e)

Located behind the existing building line or, alternatively, minimum 20m from the front property boundary.

(f)

Maximum 2 sheds for each property.

(g)

Located minimum 500mm from any side or rear property boundary.

(h)

Installed to manufacturer’s

specifications, where applicable.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

Item Type of development

Criteria

(i)

Any roofwater drains to a street or interallotment drainage system or other existing council approved

stormwater drainage system.

19

Ground cut and/or filling

(a)

Within a Residential zone.

(b)

Maximum aggregate area of cut and/or fill 100m2 or 10% of the site, whichever is the greater.

(c)

any property boundary to be the

Minimum distance of any cut from below adjacent ground level.

(d)

Minimum distance of any fill from any property boundary to be a maximum height of the fill above adjacent natural ground level.

(e)

Maximum height/depth 500mm

above/below adjacent ground level.

(f)

Virgin Excavated Natural Material is material.

(g)

Not located on or over any utility or right of way.

(h)

Designed and located so as not to interfere with the natural flow of surface water.

(i)

adequate retaining wall,

Where not supported by a structurally gradient of 30° to the horizontal.

(j)

Does not compromise the structural integrity of any adjacent structure.

(k)

Soil erosion control measures

complying with the council’s Soil

Erosion and Sediment Control Policy

are provided.

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Schedule 1

Amendments

Item Type of development

Criteria

(l)

terracing/stepping of ground

incorporating a number or series of

excavations/fillings are to be

maximum 500mm vertical and

The dimensions of any terrace/step.

(m)

Not associated with any other development requiring consent.

(n)

Does not undermine or fill around any existing structure on the land.

(o)

Does not undermine or fill around any existing tree on the land.

20

Minor alteration to a

(a)

Applies to a Class 1, 2 or 10 building

dwelling, residential flat

as defined in the Building Code of

building or outbuilding

Australia.

(b)

Change internal features or materials of a non-structural nature only, such as:

(i)

replacement of any door, wall lining, ceiling lining, flooring or deteriorated frame member with minimum equivalent

materials.

(ii)

kitchen and inclusion of

built-in furniture or fittings

renovation of any bathroom or wardrobe.

(c)

Change external features or materials of a non-structural nature only, being the replacement of any wall cladding or roof covering with materials

suitable for the purpose and of not

more than equivalent weight.

(d)

Not reduce window arrangements for light and ventilation needs, doorways for egress purposes or involve closure of open areas.

(e)

configuration of rooms, whether by

Work does not change the means.

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Amendments

Schedule 1

Item Type of development

Criteria

21

Minor alteration to a shop or

(a)

Applies to a Class 3 and 5–9

commercial premises

(inclusive) building as defined in the

Building Code of Australia.

(b)

Non-structural work only, such as and partitions.

(c)

Work must not compromise fire safety or affect access to any fire exit.

(d)

Work must not change the removal of walls or other means of structural support.

(e)

Does not apply to a food shop, except where only pre-packaged food is sold.

22

Minor land remediation

(a)

Applies only to Category 2 works as

works

defined in State Environmental

Planning Policy No 55—Remediation

of Land.

(b)

Work must be supervised by qualifications and experience.

23

Minor telecommunications

No specific criteria.

facility

24

Pergola

(a)

Unroofed structure only.

(b)

Maximum 2 pergolas per property.

(c)

Maximum aggregate area 20m2.

(d)

Maximum overall height 2.5m above any adjacent ground level.

(e)

Located behind the existing building line, or where there is none, minimum 20m from any property boundary.

(f)

Located minimum 500mm from any side or rear property boundary.

25

Permanent group home

(a)

In an existing approved dwelling house.

(b)

Occupied by people with a disability or socially disadvantaged people and resident supervisory/assistant staff.

(c)

Maximum 5 bedrooms.

(d)

Maximum of 2 people per bedroom.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

26

Privacy screen

(a)

May be a trellis, fence or panel, but not a dividing or boundary fence.

(b)

Located behind the existing building line, or where there is none, minimum 20m from any property boundary.

(c)

Located minimum 500mm from any side or rear property boundary.

(d)

Maximum overall height 2.5m above any adjacent ground level.

(e)

Maximum length 10m (aggregate).

(f)

Structurally adequate construction.

(g)

Not of masonry construction.

27

Rainwater tank

General provisions

(a)

The tank cannot be installed/ which generally has a slope greater than 18° from the horizontal.

(b)

Does not apply to land that is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

(c)

The rainwater tank must comply with the following requirements/criteria:

(i)

The capacity or the combined capacity of tanks on a lot must not exceed 10,000 litres.

(ii)

and store roofwater from

Must be designed to capture building.

(iii)

source other than gutters or

Must not collect water from a water supply service pipe.

(iv)

device, being a device that

causes the initial run-off of any

rain to bypass the tank to

Must be fitted with a first-flush tank.

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Amendments

Schedule 1

Item Type of development

Criteria

(v)

Must be structurally sound.

(vi)

constructed from prefabricated

elements that were designed and

Must be prefabricated, or be construction of a rainwater tank.

(vii)     Must be assembled and installed in accordance with the instructions of the manufacturer or designer of the tank.

(viii)    The tank, and any stand for the tank, must be installed and maintained in accordance with any requirements of

the public authority that has

responsibility for the supply of water

to the premises on which the tank is

installed.

(ix)       The installation must not involve the excavation of more than 1 metre from the existing ground level, or the filling of more than 1 metre above the

existing ground level.

(x)        Must not be installed over or immediately adjacent to a water main or sewer main, unless it is installed in accordance with any requirements of the public authority that has responsibility for the main.

(xi)       Must not be installed over any structure or fittings used by a public authority to maintain a water or sewer main.

(xii)     No part of the tank or any stand for the tank may rest on a footing of any building or other structure, including a retaining wall.

(xiii)    Must be located behind the front alignment to the street of the building to which the tank is connected (or, in the case of a building on a corner block, the tank must be located behind both the street front and street side alignments of the building).

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Schedule 1

Amendments

Item Type of development

Criteria

(xiv)

Must not exceed 2.4m in height above the ground level, including any stand for the tank.

(xv)

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

(xvi)

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

(xvii)

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

(xviii)

Must be enclosed, and any inlet to the tank must be screeded or filtered, to prevent the entry of foreign matter or creatures.

(xix)

Must be maintained at all times so as not to cause a nuisance with respect to mosquito breeding or overland flow

of water.

(xx)      Any plumbing work undertaken on or for the tank that affects a water supply service pipe or a water main must be undertaken:

(A)

with the consent of the public

authority that has

responsibility for the water

supply service pipe or water

main, and

(B)

in accordance with any

requirements by the public

authority for plumbing work,

and

(C)

by a licensed plumber in accordance with the New South Wales Code of

Practice—Plumbing and

Drainage produced by the

Committee on Uniformity of

Plumbing and Drainage

Regulations in New South

Wales.

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Amendments

Schedule 1

Item Type of development

Criteria

(xxi)

Any motorised or electric pump used to draw water from the tank or to transfer water between tanks:

(A)

must not create an offensive

noise, and

(B)

in the case of a permanent

electric pump, must be

installed by a licensed

electrician, and

(C)

a rainwater tank with a

capacity exceeding 10,000

litres may be exempt

development if another

environmental planning

instrument applying to the land

concerned provides for such a

rainwater tank to be exempt

development.

27.1 Within the Rural zone

(a)

Located minimum 3m from any side or rear property boundary.

(b)

Any water overflow to be drained away from the footing of any adjacent building and adjoining property.

28

Retaining wall

(a)

Maximum height 500mm above

lowest adjacent ground level.

(b)

Structurally adequate construction.

(c)

Masonry walls to comply with any relevant Australian Standard.

(d)

Designed and constructed so as not to interfere with the natural flow of surface water.

(e)

Minimum distance from any property boundary to be the maximum height of the wall above any adjacent ground level.

(f)

Does not compromise the structural integrity of any adjacent building or structure.

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Schedule 1

Amendments

Item Type of development

Criteria

(g)

The dimensions of any terracing or stepping of ground incorporating a number or series of retaining walls are

be a maximum 500mm vertical and minimum 1.5m horizontal for any 1 terrace or step.

(h)

Soil erosion control measures

complying with the council’s Soil

Erosion and Sediment Control Policy.

29

Satellite dish

General provisions that are applicable to

all satellite dishes

(a)

Installed to manufacturer’s

specifications/engineering design.

(b)

Compliance with any government

communications authority

requirements.

(c)

Where attached to building:

(i)         maximum diameter 900mm.

(ii)

maximum height above

roofline 1.2m at any point.

(iii)

located minimum 1.5m from

any property boundary.

(d)

Where freestanding:

(i)

maximum 1.8m diameter.

(ii)

maximum overall height 3m above adjacent ground level.

(iii)

located behind the existing

building line, or where there is

none, minimum 20m from any

public place.

(iv)

no part closer than 2m from any property boundary.

29.1 Satellite dish—within

(a)

Maximum 1 attached dish per

Residential zones

property.

(b)

Maximum 1 freestanding dish per property.

29.2 Satellite dish—within

(a)

Maximum 4 attached dishes per

zones other than a Residential

property.

zone

(b)

Maximum 2 freestanding dishes per property.

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Amendments

Schedule 1

Item Type of development

Criteria

30

Skylight roof window

(a)

Maximum area 2m2.

(b)

Located minimum 900mm from

property boundaries or walls

separating attached dwellings.

(c)

Structural integrity of the existing building not compromised.

(d)

Installed to manufacturer’s instructions and adequately waterproofed.

31

Solar panel, including

(a)

Installed to manufacturer’s

photo-voltaic panel

specifications.

(b)

Installation does not compromise the structural integrity of the building or involve structural alterations.

(c)

Located within 500mm of the property boundaries.

(d)

Fitted on the roof of an existing building on the property.

(e)

Maximum height above roofline 1.2m at any point.

(f)

The aggregate surface area of panel(s) being 25% of the surface area of the respective roof elevation or 5m2

whichever is the greater.

(g)

Any opening in the roof is suitably waterproofed.

32

Street furniture, bus shelter

(a)

Undertaken by or on behalf of the

(including any

council or a government transport

advertisement thereon),

authority.

street sign (other than an

(b)

Located on land under the council’s

illuminated street sign), or

directional or public

control.

information sign or the like

(c)

accordance with any relevant

Designed, fabricated and installed in manufacturer’s specification.

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Schedule 1

Amendments

Item Type of development

Criteria

33

Use and occupation of

General provisions that are applicable to

premises

each use and occupation:

(a)

Within a Business or Industrial zone.

(b)

operating under existing use rights

within the meaning of the

Does not apply to development Assessment Act 1979.

(c)

Occupation must be for a type of use that is permissible in the applicable zone.

33.1 Commercial premises

(a)

Within Zones Nos 3 (a), 3 (b) and 3 (c).

(b)

Does not relate to the occupation of premises as a food shop except where only pre-packaged food is sold.

(c)

Does not relate to the occupation of premises as a liquor outlet.

(d)

Does not involve the sale of any restricted publications or sexual paraphernalia.

(e)

Occupation must be for a type of use that is permissible in the applicable zone.

(f)

Does not relate to bulky goods retailing in Zone No 3 (b).

(g)

In the case of development in Zone No 3 (c) the occupation must be for a purpose that is ancillary to the primary approved development on the land.

(h)

Does not involve any structural change to the building or premises.

(i)

Does not compromise fire safety or compliance with the Building Code of Australia.

(j)

Occupation must be in a building that has in the past received Development Consent for use as commercial

premises (ie exemption does not

apply to a new building).

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Amendments

Schedule 1

Item Type of development

Criteria

33.2 Industry

(a)

Within Zones Nos 4 (a), 4 (b), 4 (c) and 4 (d).

(b)

and not including hazardous

development, offensive development,

potentially hazardous development,

Limited to an industrial purpose only designated development.

(c)

Does not involve any structural change to the building or premises.

(d)

Does not compromise fire safety or compliance with the Building Code of Australia.

(e)

Does not relate to bulky goods retailing in Zone No 4 (c).

34

Water heater

(a)

Installed to manufacturer’s

specifications.

(b)

Work does not compromise the involve structural alterations.

(c)

Any opening in the associated waterproofed.

(d)

Located within the property

boundaries.

Schedule 7

Complying development

(Clause 9B)

Item Type of development

Criteria

1

Awning or carport

(a)

Within a Residential or Rural zone.

(freestanding or attached to

(b)

Ancillary to existing dwelling.

another building)

(c)

Minimum land area 450m2.

(d)

Maximum overall height 2.7m above adjacent ground level.

(e)

Maximum floor area 40m2.

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Schedule 1

Amendments

Item Type of development

Criteria

(f)

Minimum building line to the front boundary of 6m in a Residential zone or 18m in a Rural zone.

(g)

Minimum building line to any secondary road boundary of 3m in a Residential zone or 6m in a Rural zone.

(h)

Each part of the structure being a minimum 900mm from any side or rear property boundary.

(i)

interallotment drainage system or

Roofwater drains to street or system.

(j)

Maximum roof span 3.5m where support.

(k)

Any vehicular crossing of the footway is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure located within the road reserve.

(l)

Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb/road shoulder return on a corner allotment.

(m)

Any vehicular driveway (whether constructed or not) has minimum width of 2.5m and the gradient

2890.1—1993, Parking facilities,

complies with clause 3.5 of AS the road reserve and the finished floor level of any carport.

(n)

Does not apply to an area previously approved as, or required for, private open space.

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Amendments

Schedule 1

Item Type of development

Criteria

2

Bed and breakfast

(a)

Within a Residential or Rural zone.

establishment

(b)

In an existing approved dwelling house occupied by the permanent residents.

(c)

Maximum 3 guest bedrooms.

(d)

Maximum 6 guests.

(e)

No guest accommodation to include kitchen facilities.

(f)

Not to involve extension, alteration or house.

(g)

Smoke detection/alarm system which Australia is installed.

(h)

Maximum of 1 business identification sign.

(i)

A suitable fire extinguisher and fire blanket are provided in the kitchen.

(j)

per guest bedroom, for each

Provision of 1 off-street parking space 1.

(k)

Any vehicular crossing of the footway is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure.

(l)

Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb return on a corner

allotment.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

3

Dwelling-house addition

(a)

Within Zone No 2 (a) Residential.

(single storey), including a

(b)

Sewered.

habitable screened enclosure

(c)

Floor level maximum 1.2m above adjacent ground level at any point.

(d)

Minimum land area 450m2.

(e)

Minimum building line of 6m to the front boundary.

(f)

Minimum building line of 3m to any secondary road boundary.

(g)

Maximum ceiling height of 2.7m and maximum 30° roof pitch (in the case of a level ceiling) or 4m (in the case of a raked/cathedral ceiling).

(h)

structure setback a minimum 900mm

External walls and/or supporting boundary.

(i)

Any part of any roof guttering, eave or other roof projection be setback a minimum 675mm from any side and rear property boundary.

(j)

interallotment drainage system or

Roofwater drains to street or system.

(k)

Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained.

(l)

existing or incorporated in the

proposed development, provision for

Where a garage or carport is not behind the building line setback/s which is accessible by a motor vehicle.

(m)

External materials to complement the existing dwelling house.

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Amendments

Schedule 1

Item Type of development

Criteria

(n)

Any vehicular crossing of the footway is located a minimum 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure

within the road reserve.

(o)

Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb/road shoulder return on a corner allotment.

(p)

The minimum width of any vehicular driveway (whether constructed or not) is 2.5m and the gradient complies

with clause 3.5 of AS 2890.1—1993,

Parking facilities, Part 1: Off-street

carparking between the road reserve

and the finished floor level of any

garage, carport or car parking space.

4

Dwelling-house (single

(a)

Within Zone No 2 (a) Residential.

storey), including attached

(b)

Sewered.

carports and garages

(c)

Floor level maximum 1.2m above point.

(d)

Minimum lot area 450m2.

(e)

Minimum building line of 6m to the front boundary.

(f)

Minimum building line of 3m to any secondary road boundary.

(g)

Maximum ceiling height of 2.7m and maximum 30° roof pitch (in the case of a level ceiling) or 4m (in the case of a raked/cathedral ceiling).

(h)

External walls setback a minimum boundaries.

(i)

Any part of any roof guttering, eave or other roof projection be setback a minimum 675mm from any side and rear property boundary.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

(j)

interallotment drainage system or

Roofwater drains to street or system.

(k)

Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained.

(l)

incorporated in the proposed

Where a garage or carport is not parking space of 3m x 6m behind the building line setback/s which is accessible by a motor vehicle.

(m)

Any vehicular crossing of the footway located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure.

(n)

Any vehicular crossing of the footway not be located within 6m of the tangent of the kerb return on a corner allotment.

(o)

The minimum width of any vehicular driveway (whether constructed or not) is 2.5m and the gradient complies

with clause 3.5 of AS 2890.1—1993,

Parking facilities, Part 1: Off-street

carparking between the road reserve

and the finished floor level of any

garage, carport or car parking space.

5

Fire alarm conversion

(a)

Consists of internal alterations to a building.

(b)

May include the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm x 100mm x 100mm.

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Amendments

Schedule 1

Item Type of development

Criteria

6

Garage or shed

(a)

Within a Residential or Rural zone.

(freestanding or attached to

(b)

Does not apply to an area previously

another building)

approved as, or required for, private

open space.

(c)

Minimum land area 450m2.

(d)

Maximum overall height 3m above adjacent ground level.

(e)

Maximum floor area 40m2 in a in a Rural zone.

(f)

Minimum building line to the front boundary of 6m in a Residential zone or 18m in a Rural zone.

(g)

Minimum building line to any secondary road boundary of 3m in a Residential zone or 6m in a Rural zone.

(h)

In a Residential zone, each part of the structure being a minimum 900mm from any side or rear property boundary.

(i)

In a Rural zone, each part of the structure being a minimum 3m from any side or rear property boundary.

(j)

interallotment drainage system or

Roofwater drains to street or system.

(k)

Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained.

(l)

Any vehicular crossing of the footway is located at least 2m clear of any stormwater gully pit and clear of any other utility surface infrastructure located within the road reserve.

(m)

Any vehicular crossing of the footway is not located within 6m of the tangent of the kerb/road shoulder return on a corner allotment.

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Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Item Type of development

Criteria

(n)

Any vehicular driveway (whether constructed or not) has a minimum width of 2.5m and the gradient

complies with clause 3.5 of AS the road reserve and the finished floor level of any garage.

2890.1—1993, Parking facilities,

7

Internal alteration to a shop

(a)

Within a Business zone.

or commercial premises

(b)

Complies with the construction

requirements of the council’s Code

for Food Premises, where relevant.

(c)

No increase in floor area.

(d)

Does not apply to food shops, except those where only pre-packaged food is sold.

8

Screened weather-protected

(a)

Within a Residential or Rural zone.

enclosure (non-habitable)

(b)

Minimum land area 450m2.

(c)

Maximum floor area 20m2.

(d)

Minimum building line to the front boundary of 6m in Residential zones or 18m in Rural zones.

(e)

Minimum building line to any Residential zones or 6m in Rural zones.

(f)

interallotment drainage system or

Roofwater drains to street or system.

(g)

Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained.

(h)

Any opening between the dwelling house and enclosure is fitted with a solid door or window.

(i)

Maximum length of 4m of one wall may be of solid construction.

(j)

Minimum 50% of the surface area of each remaining wall is unenclosed or consists of translucent or transparent material.

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Amendments

Schedule 1

Item Type of development

Criteria

(k)

Maximum overall height 2.7m above adjacent ground level.

(l)

Each part of the structure setback a minimum 900mm from any side or rear property boundary.

9

Swimming pool

(a)

Ancillary to existing approved

dwelling and for private and

non-commercial use only.

(b)

Minimum land area 450m2.

(c)

Located behind the existing dwelling setback from any road.

(d)

Water line setback minimum 1.5m from side and rear boundaries and any structure on the land.

(e)

Floor level of any coping is maximum 500mm above adjacent ground level.

(f)

Maximum site excavation/cut and/or fill of 500mm, which is structurally retained and drained.

(g)

All adjacent paved areas to be graded and drained away from any adjoining property.

(h)

Pumps, filtration and other equipment to be located so as to comply with the noise requirements of the Protection of the Environment Operations Act

1997.

(i)

Act 1992, the Swimming Pools

Complies with the Swimming Pools Australian Standard.

(j)

An exemption under section 22 of the Swimming Pools Act 1992 has been granted in respect of any window, door or similar opening in any wall of any residential building wall relied upon as part of a child-resistant barrier.

(k)

resistant barrier fencing complies

Any existing or proposed child the regulations under that Act and any applicable Australian Standard.

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Schedule 1

Amendments

Item Type of development

Criteria

10

Swimming pool decking

(a)

Located behind the existing dwelling setback from any road.

(b)

child-resistant barrier (including

dividing/boundary fences) which

Located a minimum 900mm from the Act 1992.

(c)

Not roofed.

(d)

Maximum area 10m2 (aggregate).

(e)

Floor level maximum 500mm above adjacent ground level.

Schedule 8

Complying development conditions

(Clause 9B (2))

General conditions (applicable to all development)

Prior to development work commencing

1                Two days before any site works, building or construction begins, the applicant must:

(a)

forward a Notice of Commencement of Work and Appointment of Principal Certifying Authority to the council, and

(b)

notify the adjoining owners and occupiers that the site works, building or construction will commence.

2                Before any site works, building or construction begins, the applicant must ensure the following criteria are met:

(a)

Toilet facilities are to be provided, at or in the vicinity of the land on which work involved in the development is being carried out, at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided must be:

(i)      a standard flushing toilet, and

(ii)      connected:

(A)

to a public sewer, or

(B) if connection to a public sewer is not

practicable, to an accredited sewage

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management facility provided by the council,

or

(C) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.

(b)

A sign is to be erected in a prominent position on any land on which the development is being carried out:

(i)

stating that unauthorised entry to the work site is prohibited, and

(ii)

indicating the name of the Principal Contractor for any building work and a telephone number at which that person may be contacted outside working hours, and

(iii)

indicating the name and telephone number of the Principal Certifying Authority.

This provision does not apply in relation to building work that is carried out inside an existing building that does not affect the external walls of the building.

(c)

If the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed, rendered inconvenient or involve the enclosure of a public place, a protective security fence or barrier must be erected between the land and the public place. Such a fence or barrier is to be designed and erected in accordance with the council’s current local approvals policy under the Local Government Act 1993.

(d)

If necessary, an overhead protective structure must be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Any such protective security fence or barrier or overhead protective structure must be removed within 7 days of the issue of any occupation certificate in relation to the development.

(e)

Any site cut and/or fill work associated with the development must be in accordance with appropriate professional standards, with any excavation properly guarded and protected to prevent it from being dangerous to life or property.

(f)

If any site cut and/or fill associated with the development extends below the level of the base of the footings of a building or any other structure (that is, within the footings’

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Amendments

zone of influence) on adjoining land (including a public

place):

(i)      that building or structure must be:

(A)

preserved and protected from damage, and

(B)

underpinned and supported in accordance with structural design details accompanying the Complying Development Certificate, and

(ii)      the owner or owners of that adjoining land must, at least 7 days before any such excavation or supporting works, be given notice of such intention and particulars of the excavation or supporting works.

(g)

Soil erosion and sediment control measures must be provided in accordance with the council’s Soil Erosion and Sediment Control Policy.

3                Any fee, bond or deposit required by the council’s current Fees and Services Schedule to provide for the inspection, maintenance or repair of any public asset or infrastructure must be paid to the council prior to the commencement of works. Evidence of such payment must be submitted to the council.

During development work

4                During any site works, building or construction the applicant must ensure that the following criteria are met:

(a)

Toilet facilities required by clause 2 (a) are provided and maintained.

(b)

The sign required by clause 2 (b) is maintained.

(c)

Any protective security fence or barrier required by clause 2 (c) is be maintained.

(d)

Any protective security fence or barrier required by clause 2 (c) and which may be hazardous to persons in the public place is effectively illuminated between sunset and sunrise.

(e)

Any site cut and/or fill associated with the ongoing development works is executed safely and in accordance with appropriate professional standards, and protected to prevent it from being dangerous to life or property.

(f)

If any excavation associated with the ongoing development works extend below the level of the base of the footings of a building or any other structure (that is,

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Schedule 1

within the footings’ zone of influence) on adjoining land (including a public place), that building or structure is properly preserved, protected, underpinned and supported (as necessary).

(g)

Soil erosion and sediment control measures (including the connection of any roofwater downpipes to stormwater drainage lines upon fixing of any roof covering) required by clause 2 (g) are maintained.

(h)

Building and construction materials, plant, equipment and the like are not to be placed or stored at any time on the council’s footway, roadway or any public place.

5                The hours of work for any noise generating development work are to be limited to between 7am and 6pm, Mondays to Saturdays inclusive, with no such work to be conducted at any time on Sundays or public holidays.

6                Any tree beyond 3 metres of any building or proposed building on the site, not otherwise separately approved by the council to be removed, lopped or topped, must be suitably protected.

7                The sorting, storage and re-use of waste materials is to be in accordance with any waste management plan approved by the council.

Additional conditions for awnings, screened

weather-protected enclosures, dwelling-houses,

dwelling-house additions, carports, garages and

sheds

During development work

8                The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000.

If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress:

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

Stage

Nominated work

(a) Soil erosion and sedimentation

commence development work

controls, site works and site set

out

(b) Footing system

place concrete or covering

(c) Floor slab

place concrete

(d) Stormwater drainage

covering or backfilling

(e) Frame (including any termite

affixing internal linings

barriers)

(f)

Wet area flashing

affixing wall or floor tiles

9                A survey plan, prepared by a Registered Surveyor, is to be submitted to the Principal Certifying Authority, to indicate compliance with setback requirements, on completion of floor slab formwork before concrete is poured, detailing the location of the structure in relation to the property boundaries.

Prior to occupation

10                A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied.

11                Any retaining walls or other effective methods to retain cut and/or filled ground (including those site works which may be exempt development identified in this Plan), together with any associated groundwater drainage system, are to be constructed or provided in accordance with the details attached to the Complying Development Certificate.

Additional conditions for internal alteration to a shop or commercial premises

During development work

12                The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000.

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Amendments

Schedule 1

If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress:

Stage

Nominated work

(a) Frame (including any required

affixing internal linings

termite barriers)

(b) Wet area flashing

affixing wall and floor tiles

Prior to occupation or use

13                A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied, and the work completed in accordance with the approved documents attached to the Certificate.

Conditions for swimming pools

During development work

14                The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000.

If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress:

Stage

Nominated work

(a) Soil erosion and sedimentation

commencement of development

controls, site works and site set

work

out

(b) Foundation excavation

install any moulded or

pre-fabricated pool

(c) Steel reinforcing and coping

place any concrete

(d) Child resistant barrier

fill, or allow pool to be filled

with water to a depth exceeding

300mm

(e) Completed pool

ongoing use

2006 No 465

Blacktown Local Environmental Plan 1988 (Amendment No 214)

Schedule 1

Amendments

15                Any retaining walls or other effective methods to retain cut and/or filled ground (including those site works which may be exempt development under this Plan), together with any associated groundwater drainage system, are to be constructed or provided in accordance with the details attached to the Complying Development Certificate.

Prior to use

16                A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied, and the work completed in accordance with the approved documents attached to the Complying Development Certificate.

BY AUTHORITY

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