Blacktown Local Environmental Plan 1988 (NSW)

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Part 1Preliminary1Name of plan

This plan may be cited as Blacktown Local Environmental Plan 1988.

2Aims, objectives etc(1)

The aims of this plan are:

  • (a)

    to repeal all local planning controls applying to Blacktown and replace them with a single local environmental plan,

  • (b)

    to simplify and modernise the development controls applying to Blacktown,

  • (c)

    to speed up the planning process in Blacktown by placing in the Council’s hands broader responsibility for environmental planning of local significance, and

  • (d)

    to maintain the opportunity for public involvement and participation in environmental planning and assessment by using development control plans to supplement the broad controls in the plan.

(2)

The objectives of this plan are:

  • (a)

    to allow for a variety of rural based activities while maintaining the urban potential of relevant rural land,

  • (b)

    to allow for a variety of residential lifestyles,

  • (c)

    to allow for a variety of business uses while consolidating existing commercial centres,

  • (d)

    to enable a variety of uses in industrial areas while protecting the viability of existing retail centres,

  • (e)

    to prohibit offensive or hazardous industries,

  • (f)

    to ensure space is provided for community services and facilities,

  • (g)

    to ensure space is provided for recreational activities and facilities,

  • (h)

    to ensure land is available to accommodate all required special land uses in the most effective manner, and

  • (i)

    to protect Blacktown’s environmental heritage.

(3)

The strategy by which the aims referred to in subclause (1) and the objectives referred to in subclause (2) are to be achieved is the controlling of the development of land to which this plan applies by reference to land-use zones and the controlling of particular types of development in those zones by reference to controls specified as applying only to those types of development or to a development of a certain type being carried out in those zones.

3Land to which plan applies(1)

This plan applies to the whole of the land within the City of Blacktown, as shown edged heavy black on the map.

(2)

This plan does not apply to the land to which State Environmental Planning Policy No 29—Western Sydney Recreation Area or State Environmental Planning Policy (Western Sydney Parklands) 2009 applies.

(3)

This plan does not apply to the land to which State Environmental Planning Policy (Major Projects) 2005 (Amendment No 22) applies.

(4)

This plan does not apply to the land to which State Environmental Planning Policy (Western Sydney Employment Area) 2009 applies.

4Relationship to other environmental planning instruments(1)

This plan repeals all environmental planning instruments, other than State environmental planning policies and regional environmental plans, that immediately before the appointed day applied to the land to which this plan applies, but only to the extent to which those instruments applied to the land.

(2)

The provisions of State Environmental Planning Policy No 4—Development Without Consent do not remove the requirement for development consent for dwelling-houses on land within Zone No 2 (b).

5Model Provisions

The Environmental Planning and Assessment Model Provisions 1980, except for the definitions of advertising structure, advertisement, agriculture, airline terminal, arterial road, bus depot, bus station, car repair station, commercial premises, general store, home industry, home occupation, light industry, major road frontage, map, offensive or hazardous industry, recreation facility, residential flat building, retail plant nursery, road transport terminal, service station, shop, tourist facilities and units for aged persons in clause 4 (1) and clauses 5 (2) and (3), 6–8, 10 (2), 12, 13, 15–23, 26, 28, 30, 31, 32, 33, 34 and 35 (c), are adopted for the purposes of this plan.

6Interpretation(1)

In this plan:

advertisement means the use of any space, either of 2 or 3 dimensions, for the display of any symbol, message or other device for promotional purposes or for conveying information, instructions or directions or for like purposes, including any structure supporting the display, or the undertaking, of any work.

agriculture includes the growing of vegetables, flowers and ornamental plants, orcharding and the like or the use of land for any purpose of husbandry (including the keeping and breeding of livestock, poultry or bees).

amusement centre means a building or place in or at which:

  • (a)

    four or more tables are used for playing pool, snooker, billiards or other like games, or

  • (b)

    four or more electrically or mechanically operated amusement devices, such as pinball machines, are played.

animal boarding establishment means a building or place where cats, dogs, horses or other animals are bred, trained, accommodated or nurtured for gain or reward.

appointed day means the day on which this plan takes effect.

auction rooms means premises used for the storage and display of goods which are then sold at a public sale by way of competitive bidding.

awning sign means an advertisement attached to the upperside of an awning (other than the fascia or return end).

bed and breakfast establishment means a dwelling-house used by the permanent residents to provide temporary accommodation, which includes breakfast and which may include other meals.

brothel means premises used for the purposes of prostitution by one or more prostitutes.

building line means that part of land adjoining a public road within which a building must not be constructed.

bulky goods retail establishment means a building or place used for the sale by retail or auction, or the hire or display, of any of the following:

  • (a)

    furniture, or

  • (b)

    electrical goods, or

  • (c)

    outdoor products, or

  • (d)

    office supplies, or

  • (e)

    kit homes, or

  • (f)

    floor coverings, or

  • (g)

    automotive parts and accessories, or

  • (h)

    lighting, or

  • (i)

    antiques and second hand goods, or

  • (j)

    kitchen and bathroom showrooms, or

  • (k)

    tiles (floor, ceiling or walls).

business identification sign means an advertisement which, in respect of any place or premises, contains all or any of the following:

  • (a)

    a reference to the identification or description of the place or premises,

  • (b)

    a reference to the identification or description of any person residing or carrying on an occupation at the place or premises,

  • (c)

    particulars of any occupation carried on at the place or premises,

  • (d)

    such directions or cautions as are required that relate to the place or premises or any occupation carried on there,

  • (e)

    particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

  • (f)

    particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

  • (g)

    particulars of any activities held or to be held at the place or premises,

  • (h)

    a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

caravan park means land used for the purpose of:

  • (a)

    placing moveable dwellings, including tents, caravans, other vans or other portable devices (whether on wheels or not) used for human habitation, for permanent accommodation or for temporary accommodation by tourists and includes a place commonly known as a mobile home park, but does not include a manufactured home estate as defined elsewhere for the purpose of this plan, or

  • (b)

    the erection, assembly or placement of cabins for temporary accommodation by tourists.

Class (followed by numeral/s) means a building classification having the same meaning as that expressed in Part A3 of the Building Code of Australia.

commercial premises means a building or place used as an office, or for other business or commercial purposes, but does not include a building or place used for a purpose elsewhere specifically referred to in this plan.

community facility means a building or place owned by the council and used to provide facilities comprising or relating to any one or more of the following:

  • (a)

    a public library,

  • (b)

    public health and welfare services,

  • (c)

    rest rooms,

  • (d)

    meeting rooms,

  • (e)

    indoor recreation,

  • (f)

    child minding,

  • (g)

    baby health centres,

  • (h)

    public halls,

  • (i)

    exhibition spaces,

  • (j)

    public buildings,

  • (k)

    club rooms,

  • (l)

    refreshment rooms,

  • (m)

    any like land uses,

and includes shops and commercial premises ancillary to, and used in conjunction with, those facilities.

council means the Council of the City of Blacktown.

day care centre means a room or a number of rooms forming part of, attached to or within the curtilage of a dwelling where a caregiving service is provided which caters for up to 7 children under 12 years of age (including the caregiver’s own children), but with a maximum of 5 children under 6 years of age, whether or not the service is arranged through a sponsoring organisation.

detached dual occupancy means a dual occupancy consisting of 2 dwellings that are not attached to each other by a common wall, ceiling, floor, breezeway, carport or any other structure.

detached dwelling-house means a dwelling-house that is not attached to another dwelling-house by a common wall, ceiling, floor, breezeway, carport or any other structure.

drain means any drain used for the carrying off of waters other than sewage.

dual occupancy means 2 dwellings on a single allotment of land, whether or not the dwellings are attached, where:

  • (a)

    the dwellings have the general external appearance, character and scale of a dwelling-house or dwelling-houses, and

  • (b)

    the part of the allotment on which the dwellings are not situated is available for use by the residents of the dwellings.

exhibition home means a dwelling constructed for display purposes to demonstrate aspects of housing form, design, construction, materials and the like, and which may or may not contain ancillary uses such as a site office for use related to house sales.

exhibition village means a group of exhibition homes and other buildings or works for the purpose of promoting house sales, such as sales offices, materials display, home financing, and the like.

fascia sign means an advertisement attached to the fascia or return of an awning.

fin sign means an advertisement erected on or above the canopy of a building.

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.

flush wall sign means an advertisement attached to the wall of a building (other than the transom of a doorway or display window) and projecting no more than 300mm from the wall.

footway means the portion of a road reserve that does not include the part over which a motor vehicle may travel.

garage sale means the sale of personal or household items from residential premises, but only where such items have been used on the subject premises.

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

hardware store means premises used for the warehousing and retailing of materials or equipment used in the building, construction and improvement of buildings or structures and equipment used in property maintenance.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

  • (a)

    to human health, life or property, or

  • (b)

    to the biophysical environment.

hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:

  • (a)

    to human health, life or property, or

  • (b)

    to the biophysical environment.

highway service centre means a development which has direct access to a freeway or toll work, or restricted access to a highway, and provides the following services:

  • (a)

    emergency repair facilities of a limited nature (which may include towing facilities),

  • (b)

    parking for motor vehicles,

  • (c)

    restaurant facilities (which are to include fast-food services and may include sit-down facilities),

  • (d)

    the sale of petrol, diesel fuel and other petroleum products,

  • (e)

    toilets,

  • (f)

    car wash facilities, and

  • (g)

    convenience store involving a floor area (including staff amenities, storage, office, machinery rooms, cooler rooms, etc) of not greater than 250 m2.

home activity means any activity or pursuit carried on for personal gain in a building or room or a number of rooms forming part of, attached to or within the curtilage of a dwelling where:

  • (a)

    only goods made or produced, or services offered, as a result of the activity or pursuit are displayed, sold or provided,

  • (b)

    the primary use of the dwelling is for residential purposes, and

  • (c)

    the activity or pursuit does not:

    • (i)

      interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise,

    • (ii)

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

    • (iii)

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

    • (iv)

      involve the employment of more than one non-resident of the dwelling,

    • (v)

      involve the exhibition of any notice, advertisement or sign (other than a notice or sign which would fit within a rectangular figure 1.2 metres in length and 0.6 metres in height and exhibited on that dwelling to indicate the name and occupation of the resident), or

    • (vi)

      generate traffic out of keeping with the surrounding area.

housing for aged or disabled persons has the same meaning as in State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons.

illuminated street sign means an internally illuminated advertisement on a pole or pylon erected on a public road in a commercial area which:

  • (a)

    clearly and prominently identifies the street or road, and

  • (b)

    promotes a local business or activity within the commercial area, and

  • (c)

    complies with the terms and conditions of a current agreement or deed between the Council and another party relating to the display of such signs.

integrated housing means development which consists of:

  • (a)

    the subdivision of land into 5 or more allotments, and

  • (b)

    the erection of a single dwelling-house on each of the allotments created by that subdivision.

landscape supply business means the use of a building or place for the storage and sale of a range of raw materials for landscaping purposes.

light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not, in the opinion of the council, interfere with the amenity of the surrounding neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.

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

manufactured home means a self contained dwelling (that is, a dwelling that includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:

  • (a)

    that comprises 1 or more major sections that are each constructed, and assembled, away from the manufactured home estate and transported to the estate for installation on the estate, and

  • (b)

    that is not capable of being registered under the Traffic Act 1909,

and includes any associated structures that form part of the dwelling.

manufactured home estate means land on which manufactured homes are, or are to be, installed.

medium density housing means 3 or more dwellings on the same parcel of land where each dwelling has an individual entrance and direct private access to private open space at natural ground level for the exclusive use of the occupants of the dwelling but, in the Table to clause 9, does not include any other form of dwellings elsewhere specifically defined in this plan.

methadone dispensary means premises involved in the administration, storage and supply of methadone to persons registered on a methadone program, whether or not part of the premises is used for another purpose.

minor telecommunications facility means a telecommunications facility that is listed in the Schedule to the Telecommunications (Low-impact Facilities) Determination 1997 of the Commonwealth or a telecommunications facility used for an activity that a carrier may engage in, despite a law of the State, pursuant to the Telecommunications Act 1997 of the Commonwealth.

mixed business means a store trading principally in groceries, smallgoods and associated small items.

mortuary means premises that are used, or intended to be used, for the preparation and storage of bodies of deceased persons pending their interment or cremation and may contain rooms for the conducting of funeral services and includes a funeral parlour.

multi-tenanted industrial development means a building or buildings in which two or more industrial uses are carried on and situated on the same land.

offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

painted wall sign means an advertisement painted on the external wall of a building.

plant and equipment hire establishment means a building or place where plant and equipment are stored, displayed, and hired out or leased to persons for intermittent use, but does not include premises used for the purposes of hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.

plant nursery means a building or place used for the growing or selling of plants, whether or not landscape supplies are also sold on the premises.

pole or pylon sign means an advertisement erected on a pole or pylon independent of any building or other structure.

potentially hazardous industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would pose a significant risk in relation to the locality:

  • (a)

    to human health, life or property, or

  • (b)

    to the biophysical environment,

and includes a hazardous industry and a hazardous storage establishment.

potentially offensive industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and an offensive storage establishment.

pre-packaged food means food that is received and sold in the same condition without being directly handled or processed on the premises, and includes fruit and vegetables.

produce store means a building or place used for the sale of stockfeeds, grains, seeds, or other similar products used for agricultural or farming purposes.

professional office means a business or profession carried on in a building or room or a number of rooms forming part of, attached to or within the curtilage of a dwelling, involving the employment of a permanent resident of the dwelling and where:

  • (a)

    not more than 4 persons practise or are employed on the premises at any one time, and

  • (b)

    no goods are sold or displayed from the premises.

projecting wall sign means an advertisement attached to the wall of a building (other than the transom of a doorway or display window) and projecting horizontally more than 300mm.

real estate sign means an advertisement in respect of a place or premises to which it is attached which contains only a notice that the place or premises is for sale or letting and is not displayed for more than 14 days after letting or completion of the sale of the premises or place to which the sign relates.

recreation area means:

  • (a)

    a children’s playground,

  • (b)

    a building or place used for sporting activities or sporting facilities,

  • (c)

    a building or place used by the council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

  • (d)

    a building or place used for the purposes of enhancing the physical, cultural or intellectual welfare of the community.

residential flat building means a building containing 2 or more dwellings, but does not include any other form of residential development elsewhere specifically defined in this plan.

road means a street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, road-ferry, ford, crossing and the like, on the line of a road through or over a watercourse.

school sign means an advertisement displayed on a school site for a purpose which is unrelated to the use of the site.

service centre means a building or place which adjoins land within the Special Uses (Arterial Road and Arterial Road Widening) Zone or the Special Uses (Local Road and Local Road Widening) Zone, at which the following are provided:

  • (a)

    the sale of petrol, diesel and other petroleum products,

  • (b)

    parking for motor vehicles,

  • (c)

    restaurant facilities (which are to include fast-food services and may include sit-down facilities) involving a total floor area of not greater than 500sq.m,

  • (d)

    toilets, and

  • (e)

    a convenience store (including staff amenities, storage, office, machinery rooms, cooler rooms, etc) of not greater than 250sq.m,

and at which the following may be provided:

  • (f)

    emergency repair facilities of a limited nature (which may include towing facilities and the sale by retail of spare parts and accessories for motor vehicles), and

  • (g)

    car cleaning facilities.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not 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)

    washing and greasing of motor vehicles,

  • (c)

    installation of motor vehicle accessories,

  • (d)

    repairing and servicing of motor vehicles (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),

  • (e)

    the sale by retail of grocery items and the like involving a floor area (including staff amenities, storage, office, machinery rooms, cooler rooms, etc) of not more than 250 square metres.

shop means a building or place used for the purposes of selling, hiring, displaying or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

storage yard means a building or place used for the storage of containers, equipment, machinery and the like but does not include a building or place elsewhere specifically defined in this plan.

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.

temporary sign means an advertisement which announces a local event, provided that the sign is not displayed earlier than 14 days before the event is to take place, is removed within 7 days of the event and is displayed for an overall period not exceeding 60 days.

the map means the series of maps, certified for the purposes of this plan by the Town Clerk of the council, the title sheet of which is marked “Blacktown Local Environmental Plan 1988”, as amended by the 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.

  • Blacktown Local Environmental Plan 1988 (Amendment No 2)

  • Blacktown Local Environmental Plan 1988 (Amendment No 4)

  • Blacktown Local Environmental Plan 1988 (Amendment No 5)

  • Blacktown Local Environmental Plan 1988 (Amendment No 6)

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  • Blacktown Local Environmental Plan 1988 (Amendment No 126)

  • Blacktown Local Environmental Plan 1988 (Amendment No 127)—Sheets 1–3

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  • Blacktown Local Environmental Plan 1988 (Amendment No 159)

  • Blacktown Local Environmental Plan 1988 (Amendment No 160)

  • Blacktown Local Environmental Plan 1988 (Amendment No 163)

  • Blacktown Local Environmental Plan 1988 (Amendment No 164)

  • Blacktown Local Environmental Plan 1988 (Amendment No 165)

  • Blacktown Local Environmental Plan 1988 (Amendment No 166)

  • Blacktown Local Environmental Plan 1988 (Amendment No 167)

  • Blacktown Local Environmental Plan 1988 (Amendment No 168)

  • Blacktown Local Environmental Plan 1988 (Amendment No 169)

  • Blacktown Local Environmental Plan 1988 (Amendment No 170)

  • Blacktown Local Environmental Plan 1988 (Amendment No 171)

  • Blacktown Local Environmental Plan 1988 (Amendment No 174)

  • Blacktown Local Environmental Plan 1988 (Amendment No 177)

  • Blacktown Local Environmental Plan 1988 (Amendment No 178)

  • Blacktown Local Environmental Plan 1988 (Amendment No 179)

  • Blacktown Local Environmental Plan 1988 (Amendment No 181)

  • Blacktown Local Environmental Plan 1988 (Amendment No 183)

  • Blacktown Local Environmental Plan 1988 (Amendment No 184)

  • Blacktown Local Environmental Plan 1988 (Amendment No 185)

  • Blacktown Local Environmental Plan 1988 (Amendment No 187)

  • Blacktown Local Environmental Plan 1988 (Amendment No 188)

  • Blacktown Local Environmental Plan 1988 (Amendment No 189)

  • Blacktown Local Environmental Plan 1988 (Amendment No 191)

  • Blacktown Local Environmental Plan 1988 (Amendment No 192)

  • Blacktown Local Environmental Plan 1988 (Amendment No 193)

  • Blacktown Local Environmental Plan 1988 (Amendment No 201)

  • Blacktown Local Environmental Plan 1988 (Amendment No 202)

  • Blacktown Local Environmental Plan 1988 (Amendment No 203)

  • Blacktown Local Environmental Plan 1988 (Amendment No 204)

  • Blacktown Local Environmental Plan 1988 (Amendment No 205)

  • Blacktown Local Environmental Plan 1988 (Amendment No 207)

  • Blacktown Local Environmental Plan 1988 (Amendment No 208)

  • Blacktown Local Environmental Plan 1988 (Amendment No 210)

  • Blacktown Local Environmental Plan 1988 (Amendment No 211)

  • Blacktown Local Environmental Plan 1988 (Amendment No 212)

  • Blacktown Local Environmental Plan 1988 (Amendment No 213)

  • Blacktown Local Environmental Plan 1988 (Amendment No 218)—Sheets 1–7

  • Blacktown Local Environmental Plan 1988 (Amendment No 219)—Sheets 1 and 2

  • Blacktown Local Environmental Plan 1988 (Amendment No 220)

  • Blacktown Local Environmental Plan 1988 (Amendment No 222)

  • Blacktown Local Environmental Plan 1988 (Amendment No 226)

  • Blacktown Local Environmental Plan 1988 (Amendment No 228)

  • Blacktown Local Environmental Plan 1988 (Amendment No 229)

  • Blacktown Local Environmental Plan 1988 (Amendment No 230)

  • Blacktown Local Environmental Plan 1988 (Amendment No 231)

  • Blacktown Local Environmental Plan 1988 (Amendment No 233)

  • Blacktown Local Environmental Plan 1988 (Amendment No 237)

  • Blacktown Local Environmental Plan 1988 (State Environmental Planning Policy (Western Sydney Parklands) 2009 amendment) Land Zoning Map—Sheets LZN 001 to 003

timber yard means a building or place, not being a sawmill, where timber is stored, displayed or offered for sale.

top hamper sign means an advertisement attached to the transom of a doorway or display window of a building.

tourist facility means an establishment providing for holiday accommodation or recreational facilities, but does not include a building or place elsewhere specifically defined for the purposes of this plan.

tree means a perennial plant not less than 1 metre high with at least one self-supporting woody stem which is a plant of a species, variety or cultivar, any of the members of which, if permitted to grow to maturity, would generally have a height in excess of 3 metres.

under awning sign means an advertisement attached to the underside of an awning (other than the fascia or return end).

veterinary establishment means a building or place used for the purposes of the medical or surgical treatment of animals where:

  • (a)

    not more than 6 persons practise or are employed on the premises at any one time, and

  • (b)

    only veterinary supplies associated with the treatment of animals are sold from or displayed at the premises.

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.

window sign means an advertisement attached to or displayed on a shop window.

(2)

The letters and symbols “W.S. D.” and “P.C.C.” where appearing on the map mean “Sydney Water Corporation purposes” and “Integral Energy Australia purposes” respectively.

(3)

In this plan:

  • (a)

    a reference to a map is a reference to a map deposited in the office of the council,

  • (b)

    a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified, and

  • (c)

    a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose.

(4)

Notes in this Plan do not form part of this Plan.

7Consent authority

The council shall be the consent authority for the purposes of this plan.

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

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

Zone No 1 (a) (General Rural Zone)—coloured light brown with black edging and lettered 1 (a).

Zone No 1 (b) (Rural Residential Zone)—coloured light brown with black edging and lettered 1 (b).

Zone No 2 (a) (Residential “A” Zone)—coloured light scarlet with black edging and lettered 2 (a).

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

Zone No 2 (c) (Residential “C” Zone)—coloured light scarlet with black edging and lettered 2 (c).

Zone No 3 (a) (General Business Zone)—coloured blue with black edging and lettered 3 (a).

Zone No 3 (b) (Special Business Zone)—coloured blue with black edging and lettered 3 (b).

Zone No 3 (c) (Entertainment and Tourism Zone)—coloured blue with black edging and lettered 3 (c).

Zone No 4 (a) (General Industrial Zone)—coloured mauve with black edging and lettered 4 (a).

Zone No 4 (b) (Light Industrial Zone)—coloured mauve with black edging and lettered 4 (b).

Zone No 4 (c) (Special Industrial Zone)—coloured mauve with black edging and lettered 4 (c).

Zone No 4 (d) (Huntingwood Industrial Zone)—coloured mauve with black edging and lettered 4 (d).

Zone No 5 (a) (Special Uses—General Zone)—coloured yellow with black edging and lettered 5 (a) and with black lettering denoting the existing or proposed special use on the land.

Zone No 5 (b) (Special Uses—Arterial Road and Arterial Road Widening Zone)—coloured by red and white bands with a black edging and lettered 5 (b).

Zone No 5 (c) (Special Uses—Local Road and Local Road Widening Zone)—coloured grey with black edging and lettered 5 (c).

Zone No 6 (a) (Public Recreation Zone)—coloured green with black edging and lettered 6 (a).

Zone No 6 (b) (Private Recreation Zone)—coloured green with black edging and lettered 6 (b).

Zone No 6 (c) (County Open Space Zone)—coloured green with black edging and lettered 6 (c).

Zone No 6 (d) (Recreation—Environmental Protection Zone)—coloured green with black edging and lettered 6 (d).

9Zone 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, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

  • (a)

    development may be carried out without development consent,

  • (b)

    development may be carried out only with development consent, and

  • (c)

    development is prohibited,

are specified under the headings “Development that does not require consent”, “Development which requires consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(2A)

Exempt development may be carried out without development consent in any zone.

(3)

Except as otherwise provided by this plan, the consent authority shall not grant consent to the carrying out of development on land to which this plan applies unless the consent authority is of the opinion that the carrying out of development is generally consistent with one or more of the objectives of the plan and one or more of the objectives of the zone within which the development is proposed to be carried out.

(General Rural Zone)1Objectives of zone

The objectives are:

  • (a)

    to ensure that actual or potential agriculturally productive land is not withdrawn unnecessarily from production,

  • (b)

    to ensure that development in rural areas is carried out in a manner that minimises risks from natural hazards and does not unreasonably increase demand for public services,

  • (c)

    to provide for urban support functions, and

  • (d)

    to ensure that development within the rural zones does not hinder the proper and orderly development of any future urban lands.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres; animal boarding establishments where dogs are kept; auction rooms; brothels; boarding houses; bulk stores; bulky goods retail establishments; caravan parks; child care centres; commercial premises; detached dual occupancies; exhibition homes; exhibition villages; hardware stores; hazardous industries; hazardous storage establishments; highway service centres; industries (other than rural industries or extractive industries); integrated housing; junk yards; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; mortuaries; motels; motor showrooms; offensive industries; offensive storage establishments; plant and equipment hire establishments; professional offices; refreshment rooms, residential flat buildings; service centres; service stations; shops; storage yards; transport terminals; warehouses.

(Rural Residential Zone)1Objectives of zone

The objectives are:

  • (a)

    to permit the use of the land for rural residential purposes,

  • (b)

    to maintain the rural character of the land by limiting the residential development of the land to a maximum of 64 rural residential allotments,

  • (c)

    to cater for a variety of rural residential living styles by permitting the subdivision of land into rural residential allotments with an average allotment size of approximately 2 hectares, and a minimum allotment size of 4 000 square metres,

  • (d)

    to limit the use of the land to rural purposes which are compatible with the rural residential nature of the zone,

  • (e)

    to enable the construction of adequate collector and local rural roads to cater for development of the scale envisaged within the zone, and

  • (f)

    to limit the demand of development in the zone on public services by:

    • (i)

      permitting on-site disposal of sewage and domestic drainage, and

    • (ii)

      providing that arrangements satisfactory to the Sydney Water Corporation will be made to service the development with adequate water supplies.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Auction rooms; boarding houses; child care centres; detached dual occupancies; exhibition homes; exhibition villages; group homes; hospitals; housing for aged or disabled persons; integrated housing; medium density housing; motels; places of public worship; plant and equipment hire establishments; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; veterinary establishments; purposes listed in Schedule 1.

(Residential “A” Zone)1Objectives of zone

The objectives are:

  • (a)

    to make general provision to set aside land to be used for the purpose of housing and associated facilities,

  • (b)

    to identify existing residential areas of a predominantly single dwelling character, and to maintain that character by prohibiting residential flat buildings,

  • (c)

    to enable sensitive infill development of other housing types if the infill development is of a bulk, scale and appearance that does not adversely impact on adjoining development or the amenity of the locality,

  • (d)

    to enable development for a variety of housing forms, including townhouses, villas, integrated housing, dual occupancies and the like, if such development does not interfere with the amenity of surrounding residential areas by way of overshadowing, overlooking, or loss of privacy,

  • (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 within the zone a range of non-residential uses which:

    • (i)

      are capable of visual integration with the surrounding environment,

    • (ii)

      either serve the needs of the surrounding population or the needs of the City of Blacktown without conflicting with the basic intent of the zone, and

    • (iii)

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

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Residential flat buildings; purposes listed in Schedule 1.

(Residential “B” Zone)1Objectives of zone

The objectives are, in addition to the objectives of Zone No 2 (a), to identify locations in existing urban areas with development problems where special consideration will be required before development can be approved, such as existing subdivision in new release areas or areas subject to particular provisions of a development control plan.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Residential flat buildings; purposes listed in Schedule 1.

(Residential “C” Zone)1Objectives of zone

The objectives are:

  • (a)

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

  • (b)

    to identify areas suitable for residential flat buildings in locations close to the main activity centres of the City of Blacktown,

  • (c)

    to enable redevelopment for medium density housing forms, including townhouses, villas, cluster housing, semi-detached housing and the like, as an alternative form of development to residential flat buildings,

  • (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 allow within the zone a range of non-residential uses which:

    • (i)

      are capable of visual integration with the surrounding environment,

    • (ii)

      either serve the needs of the surrounding population or the needs of the City of Blacktown without conflicting with the basic intent of the zone, and

    • (iii)

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

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Purposes listed in Schedule 1.

(General Business Zone)1Objectives of zone

The objectives are:

  • (a)

    to encourage appropriate development which will result in the growth of major foci for accommodating the retail, commercial and social needs of the community,

  • (b)

    to encourage development and expansion of business activities which will contribute to the economic growth of, and the creation of employment opportunities within, the City of Blacktown,

  • (c)

    to encourage a wide range of retail, commercial and recreational facilities in the major business centres of Blacktown,

  • (d)

    to accommodate the establishment of retail, commercial and professional services for local residents in conveniently located business centres within the residential precincts where the scale and type of business development is compatible with the amenity of the surrounding areas, and

  • (e)

    by means of development control plans:

    • (i)

      to ensure that the size and function of both retail and commercial facilities are established within a preferred hierarchy of centres for the City of Blacktown,

    • (ii)

      to set aside specific areas within the zone for the provision of carparking, community uses, civic facilities, recreation areas and the like, and

    • (iii)

      to provide for a program of environmental improvements within each centre with a view towards improving traffic movement and shopper safety and comfort.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres; brothels; caravan parks; extractive industries; gas holders; generating works; hazardous industries; hazardous storage establishments; industries (other than light industries); institutions; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots; manufactured home estates; methadone dispensaries; mineral sand mines; mines; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; roadside stalls; rural industries; rural worker’s dwellings; sawmills; stock and sale yards; storage yards; timber yards.

(Special Business Zone)1Objectives of zone

The objectives are:

  • (a)

    to ensure that identified centres are encouraged to grow to a level commensurate with the preferred hierarchy of centres for the City of Blacktown by providing sufficient land to cater for required commercial expansion and ancillary development,

  • (b)

    to support general retail development of land within Zone No 3 (a) in identified centres by providing land adjoining the centres for the purposes of bulky goods retail establishments,

  • (c)

    to support general retail and commercial development of land within Zone No 3 (a) in identified centres by providing land for additional commercial office development in proximity to those centres, and

  • (d)

    to support general retail and commercial development of land within Zone No 3 (a) in identified centres by providing land for uses which service the needs of activities carried on in those centres.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres; brothels; caravan parks; extractive industries; gas holders; generating works; hazardous industries; hazardous storage establishments; industries (other than light industries); institutions; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots; manufactured home estates; methadone dispensaries; mineral sand mines; mines; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; roadside stalls; rural industries; rural worker’s dwellings; sawmills; shops (other than which service the daily convenience needs of the locality); stock and sale yards; storage yards; timber yards.

(Entertainment and Tourism Zone)1Objectives of zone

The objectives are:

  • (a)

    to promote entertainment and tourism as major contributors to the diversity and strength of the economy of the City of Blacktown,

  • (b)

    to encourage development of entertainment and tourism facilities (including accommodation, tourist attractions, and recreation and leisure facilities) for residents of, and visitors to, the Sydney Region,

  • (c)

    to encourage the creation of youth employment opportunities,

  • (d)

    to ensure that the development does not impinge upon the effective operation of any existing or proposed communications installation situated on Commonwealth land in the vicinity, and

  • (e)

    to enable boarding houses, commercial premises, dual occupancy, dwelling-houses, medium density housing and shops used in conjunction with and ancillary to entertainment and tourist facilities.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Animal boarding establishments; auction rooms; boarding houses; brothels; bulky goods retail establishments; caravan parks; commercial premises; dual occupancy; dwelling-houses; exhibition homes; exhibition villages; extractive industries; gas holders; generating works; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries; institutions; integrated housing; intensive lot feeding of livestock; junk yards; landscape supply businesses; light industries; liquid fuel depots; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; motor showrooms; offensive industries; offensive storage establishments; plant and equipment hire establishments; plant nurseries; produce stores; professional consulting rooms; professional offices; residential flat buildings; roadside stalls; rural industries; rural worker’s dwellings; sawmills; shops; stock and sale yards; storage yards; timber yards; transport terminals; veterinary establishments; warehouses.

(General Industrial Zone)1Objectives of zone

The objectives are:

  • (a)

    to provide areas for accommodating both traditional and modern forms of industrial, warehousing and like development outside areas used or zoned for residential or business purposes and so encourage economic and employment growth in Blacktown,

  • (b)

    to encourage the establishment of new industry and other compatible, large-scale activity in appropriate locations,

  • (c)

    to accommodate large industrial, warehousing and like developments such as auction rooms, plant and equipment hire establishments, timber yards and the like, but to prohibit offensive or hazardous industries,

  • (d)

    to enable development for the purposes of retailing only where it is associated with, and ancillary to, manufacturing purposes on the same land or where it serves the daily convenience needs of the local workforce,

  • (e)

    to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, industrial, warehousing or like purposes on the same land or where it serves the daily convenience needs of the local workforce,

  • (f)

    to ensure permitted development creates areas which are pleasant to work in and are safe and efficient in terms of transportation and land utilisation,

  • (g)

    to enhance and improve the physical environment of the City of Blacktown by minimising disturbances caused by air pollutants, water pollutants, other pollutants and noise pollution, and

  • (h)

    to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce of the area.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres; boarding houses; bulky goods retail establishments; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in the zone); exhibition homes; exhibition villages; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals, housing for aged or disabled persons; institutions; integrated housing; intensive lot feeding of livestock; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); tourist facilities.

(Light Industrial Zone)1Objectives of zone

The objectives are:

  • (a)

    to provide areas for accommodating both traditional and modern forms of light industrial, warehousing and like development (such as auction rooms and plant and equipment hire establishments) outside areas used or zoned for residential, business or general industrial purposes, so as to encourage economic and employment growth in Blacktown,

  • (b)

    to encourage the establishment of new light industry and other activities of a similar type in appropriate locations,

  • (c)

    to provide, where practicable, a transition area between certain land in the general industrial zone and certain land in residential zones by prohibiting development likely to cause disturbances from air pollutants, water pollutants, other pollutants or noise pollution,

  • (d)

    to enable development for the purposes of retailing only where it is associated with, and ancillary to, manufacturing purposes on the same land or where it serves the daily convenience needs of the local workforce,

  • (e)

    to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, light industrial, warehousing or like purposes on the same land or where it serves the daily convenience needs of the local workforce,

  • (f)

    to ensure permitted development creates areas which are pleasant to work in and safe and efficient in terms of transportation and land utilisation, and

  • (g)

    to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce of the area.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres; boarding houses; bulky goods retail establishments; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in this zone); exhibition homes; exhibition villages; gasholders; generating works; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries (other than light industries); institutions; integrated housing; intensive lot feeding of livestock; junk yards; liquid fuel depots; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; offensive industries; offensive storage establishments; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings; sawmills; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in the zone or which serve the daily convenience needs of the workforce of the industrial area); stock and sale yards; tourist facilities.

(Special Industrial Zone)1Objectives of zone

The objectives are:

  • (a)

    in addition to providing areas for accommodating both traditional and modern forms of light industrial, warehousing and like purposes, to accommodate development for the purposes of bulky goods retail establishments,

  • (b)

    to encourage development of, and accommodate innovation in, the sources of economic growth,

  • (c)

    to prohibit development likely to give rise to disturbances caused by air pollutants, water pollutants, other pollutants or noise pollution,

  • (d)

    to enable development for the purposes of retailing only where it is associated with, and ancillary to, light industrial purposes on the same land or where it serves the daily convenience needs of the local workforce, or is for the purposes of bulky goods retail establishments,

  • (e)

    to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, other permitted uses on the same land or where it serves the daily convenience needs of the local workforce,

  • (f)

    to ensure permitted development creates areas which are pleasant to work in and are safe and efficient in terms of transportation and land utilisation, and

  • (g)

    to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce of the area.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres: boarding houses; brothels; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in this zone); exhibition homes; exhibition villages; gasholders; generating works; group homes; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries (other than light industries); institutions; integrated housing; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots, manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; offensive industries; offensive storage establishments; produce stores; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings, sawmills; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in this zone or which serve the daily convenience needs of the workforce of the industrial area); stock and sale yards; storage yards; tourist facilities.

(Huntingwood Industrial Zone)1Objectives of zone

The objectives are:

  • (a)

    to recognise the special character and function of Huntingwood Industrial Estate and provide for a new industrial zone applicable exclusively to the Huntingwood Industrial Estate,

  • (b)

    to ensure that new light industrial development in Huntingwood Industrial Estate is of a high standard and incorporates best practice environmental management techniques,

  • (c)

    to provide an area for modern forms of light industrial, warehousing, manufacturing, research and like development outside areas zoned for residential, business, general industrial, light industrial or special industrial purposes, to facilitate the provision of increased employment opportunities in the City of Blacktown,

  • (d)

    to discourage industrial development which is likely to detract from the amenity of the zone by reason of its appearance, noise, emissions and the like,

  • (e)

    to prohibit hazardous and offensive industries and industries where substantial measures are necessary to mitigate the chances or impacts of environmental damage,

  • (f)

    to enable development for the purposes of retailing only where it is associated with, and ancillary to, manufacturing carried out on the same land or where it serves the daily convenience needs of the local workforce,

  • (g)

    to enable development for the purposes of commercial offices only where it is associated with, and ancillary to, light industrial, warehousing or like use of the same land, or where it serves the daily convenience needs of the local workforce, or where location of the commercial offices in a business zone is not practical by virtue of the nature and scale of the use,

  • (h)

    to enable development for the purposes of community facilities such as child care facilities either in association with or independent of other permitted development to serve the needs of the workforce in the locality,

  • (i)

    to ensure new development enhances the amenity of Huntingwood Industrial Estate by including high quality landscaping, adequate building setbacks, high quality external finishes and the like, and

  • (j)

    to ensure new development in Huntingwood Industrial Estate is of a scale and character compatible with existing development in Huntingwood Industrial Estate.

2Development that does not require consent

Nil.

3Development which requires consent

Any purpose other than a purpose included in Item 2 or 4 of the matter relating to this zone.

4Prohibited

Amusement centres; boarding houses; brothels; bulky goods retail establishments; caravan parks; commercial premises (other than those ancillary to and used in conjunction with a purpose permissible in this zone or which serve the daily convenience needs of the workforce in the industrial area or which are not suited to location in a business zone by virtue of the nature and scale of the use); dual occupancy or dwelling-houses (other than those ancillary to and used in conjunction with a purpose permissible in this zone); exhibition homes; exhibition villages; gasholders; generating works; group homes; hardware stores; hazardous industries; hazardous storage establishments; home activities; hospitals; housing for aged or disabled persons; industries (other than light industries); institutions; integrated housing; intensive lot feeding of livestock; junk yards; landscape supply businesses; liquid fuel depots; manufactured home estates; medium density housing; methadone dispensaries; mineral sand mines; mines; mixed businesses; motels; multi-tenanted industrial developments; offensive industries; offensive storage establishments; produce stores; professional consulting rooms; professional offices; recreation establishments; residential flat buildings; roadside stalls; rural industries; rural workers’ dwellings; sawmills; shops (other than those ancillary to and used in conjunction with manufacturing purposes permissible in this zone or which serve the daily convenience needs of the workforce in the industrial area); stock and sale yards; storage yards.

(Special Uses—General Zone)1Objectives of zone

The objectives are:

  • (a)

    to identify land which is currently used by public authorities, organisations and the council to provide certain community facilities and services,

  • (b)

    to identify land reserved for future acquisition by the council for a range of community facilities and services,

  • (c)

    to identify land which has been reserved at the request of certain public authorities for its future acquisition to provide a range of community facilities and services, and

  • (d)

    in relation to land marked “Corridor” on the map:

    • (i)

      to set aside land for the development of certain major long-term services and facilities, and special uses carried out by public authorities in an economic, safe and environmentally sensitive manner, and

    • (ii)

      to allow the identified land to be used for recreational or other purposes where that use does not conflict with the existing or likely future use of the land by public authorities.

2Development that does not require consent

Nil.

3Development which requires consent

The particular purpose indicated by black lettering on the map and purposes normally associated with and ancillary to the particular purpose indicated on the map; drains; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Special Uses—Arterial Road and Arterial Road Widening Zone)1Objective of zone

The objective is to identify land required for existing or proposed arterial roads including the widening of existing arterial roads.

2Development that does not require consent

Nil.

3Development which requires consent

Drains; public utility undertakings; telecommunications facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Special Uses—Local Road and Local Road Widening Zone)1Objective of zone

The objective is to identify land required for existing or proposed local roads including the widening of existing local roads.

2Development that does not require consent

Nil.

3Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); drains; public utility undertakings; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 3 of the matter relating to this zone.

(Public Recreation Zone)1Objectives of zone

The objectives are:

  • (a)

    to ensure there is provision of adequate local open space areas to meet the needs of all residents and provide opportunities to enhance the total environmental quality of the City of Blacktown,

  • (b)

    to identify land which is now owned by the council or which will either be acquired by the council or dedicated as a condition of development consent or subdivision approval to the council for local open space and public recreational purposes, and

  • (c)

    to identify certain land which is owned by the Crown and under the care, control and management of the council as public open space.

2Development that does not require consent

Nil.

3Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); agriculture (other than intensive lot feeding of livestock); community facilities; drains; dual occupancy or dwelling-houses ancillary to and used in conjunction with a purpose permissible in this zone; educational establishments; forestry; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Private Recreation Zone)1Objective of zone

The objective is to identify land where private recreation and related facilities are or may be provided.

2Development that does not require consent

Nil.

3Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); agriculture (other than intensive lot feeding of livestock); boarding houses; clubs; community facilities; drains; dual occupancy; dwelling-houses; educational establishments; forestry; group homes; home activities; housing foraged or disabled persons; medium density housing; motels; public utility undertakings; recreation areas; recreation establishments; refreshment rooms; roads; telecommunications facilities; tourist facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(County Open Space Zone)1Objective of zone

The objective is to identify land as county open space which provides recreational opportunities for the general community.

2Development that does not require consent

Nil.

3Development which requires consent

Advertisements (other than advertisements identified as exempt development in Schedule 6); agriculture (other than intensive lot feeding of livestock); community facilities; drains; dual occupancy or dwelling-houses ancillary to and used in conjunction with a purpose permissible in this zone; educational establishments; forestry; public utility undertakings; recreation areas; roads; telecommunications facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

(Recreation—Environmental Protection Zone)1Objectives of zone

The objectives are:

  • (a)

    to ensure the protection of environmentally sensitive land in the City of Blacktown, and

  • (b)

    to provide a buffer around areas of natural ecological significance, and

  • (c)

    to encourage the restoration of disturbed bushland areas, and

  • (d)

    to provide for passive recreational activities that are compatible with the land’s environmental constraints.

2Development that does not require consent

Nil.

3Development which requires consent

Drains; public utility undertakings; recreation areas; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose included in Item 2 or 3 of the matter relating to this zone.

9AExempt 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

    • (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 2006, 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 2006, or

    • (xi)

      identified as a known archaeological site under Blacktown Development Control Plan 2006, 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.

9BComplying 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

    • (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 2006, 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 2006, or

    • (xi)

      identified as a known archaeological site under Blacktown Development Control Plan 2006, 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

  • (f)

    Virgin Excavated Natural Material is the only acceptable form of fill material.

  • (g)

    Not located on or over any utility service access pit/structure, easement or right of way.

  • (h)

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

  • (i)

    Where not supported by a structurally adequate retaining wall, battered/sloped at a maximum 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.

  • (l)

    The dimensions of any terracing/stepping of ground incorporating a number or series of excavations/fillings are to be maximum 500mm vertical and minimum 1.5m horizontal for any one 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 dwelling, residential flat building or outbuilding

  • (a)

    Applies to a Class 1, 2 or 10 building as defined in the Building Code of 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)

      renovation of any bathroom or kitchen and inclusion of built-in furniture or fittings such as a vanity, cupboard 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)

    Work does not change the configuration of rooms, whether by removal of walls, partitions or other means.

21

Minor alteration to a shop or commercial premises

  • (a)

    Applies to a Class 3 and 5–9 (inclusive) building as defined in the Building Code of Australia.

  • (b)

    Non-structural work only, such as shelving, benches, fittings, equipment and partitions.

  • (c)

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

  • (d)

    Work must not change the configuration of rooms, whether by 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 works

  • (a)

    Applies only to Category 2 works as defined in State Environmental Planning Policy No 55—Remediation of Land.

  • (b)

    Work must be supervised by person(s) with appropriate qualifications and experience.

23

Minor telecommunications facility

No specific criteria.

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.

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/constructed on land the surface of 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)

      Must be designed to capture and store roofwater from gutters or downpipes on a building.

    • (iii)

      Must not collect water from a source other than gutters or downpipes on a building or a water supply service pipe.

    • (iv)

      Must be fitted with a first-flush device, being a device that causes the initial run-off of any rain to bypass the tank to reduce pollutants entering the tank.

    • (v)

      Must be structurally sound.

    • (vi)

      Must be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the 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).

    • (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 screened 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.

    • (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.

  • (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 Residential zones

  • (a)

    Maximum 1 attached dish per property.

  • (b)

    Maximum 1 freestanding dish per property.

29.2 Satellite dish—within zones other than a Residential zone

  • (a)

    Maximum 4 attached dishes per property.

  • (b)

    Maximum 2 freestanding dishes per property.

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 photo-voltaic panel

  • (a)

    Installed to manufacturer’s 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 (including any advertisement thereon), street sign (other than an illuminated street sign), or directional or public information sign or the like

  • (a)

    Undertaken by or on behalf of the council or a government transport authority.

  • (b)

    Located on land under the council’s control.

  • (c)

    Designed, fabricated and installed in accordance with any relevant Australian Standard or manufacturer’s specification.

33

Use and occupation of premises

General provisions that are applicable to each use and occupation:

  • (a)

    Within a Business or Industrial zone.

  • (b)

    Does not apply to development operating under existing use rights within the meaning of the Environmental Planning and 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)

    (Repealed)

  • (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).

33.2 Industry

  • (a)

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

  • (b)

    Limited to an industrial purpose only and not including hazardous development, offensive development, potentially hazardous development, potentially offensive development or 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 structural integrity of the building or involve structural alterations.

  • (c)

    Any opening in the associated building envelope is suitably waterproofed.

  • (d)

    Located within the property boundaries.

Schedule 7Complying development

(Clause 9B)

Item

Type of development

Criteria

1

Awning or carport (freestanding or attached to another building)

  • (a)

    Within a Residential or Rural zone.

  • (b)

    Ancillary to existing dwelling.

  • (c)

    Minimum land area 450m2.

  • (d)

    Maximum overall height 2.7m above adjacent ground level.

  • (e)

    Maximum floor area 40m2.

  • (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)

    Roofwater drains to street or interallotment drainage system or other existing effective drainage system.

  • (j)

    Maximum roof span 3.5m where relying on another roof structure for 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 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 carport.

  • (n)

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

2

Bed and breakfast establishment

  • (a)

    Within a Residential or Rural zone.

  • (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 enlargement of existing dwelling house.

  • (g)

    Smoke detection/alarm system which complies with the Building Code of Australia is installed.

  • (h)

    Maximum of 1 business identification sign.

  • (i)

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

  • (j)

    Provision of 1 off-street parking space per guest bedroom, for each additional guest bedroom exceeding 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.

3

Dwelling-house addition (single storey), including a habitable screened enclosure

  • (a)

    Within Zone No 2 (a) Residential.

  • (b)

    Sewered.

  • (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)

    External walls and/or supporting structure setback a minimum 900mm from any side or rear property 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)

    Roofwater drains to street or interallotment drainage system or other existing effective drainage system.

  • (k)

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

  • (l)

    Where a garage or carport is not existing or incorporated in the proposed development, provision for 1 car parking space of 3m × 6m behind the building line setback/s which is accessible by a motor vehicle.

  • (m)

    External materials to complement the existing dwelling house.

  • (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 storey), including attached carports and garages

  • (a)

    Within Zone No 2 (a) Residential.

  • (b)

    Sewered.

  • (c)

    Floor level maximum 1.2m above adjacent natural ground level at any 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 900mm from side and rear 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.

  • (j)

    Roofwater drains to street or interallotment drainage system or other existing effective drainage system.

  • (k)

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

  • (l)

    Where a garage or carport is not incorporated in the proposed development, provision for 1 car parking space of 3m × 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 × 100mm × 100mm.

6

Garage or shed (freestanding or attached to another building)

  • (a)

    Within a Residential or Rural zone.

  • (b)

    Does not apply to an area previously 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 Residential zone or maximum 100m2 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)

    Roofwater drains to street or interallotment drainage system or other existing effective drainage 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.

  • (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 2890.1—1993, Parking facilities, Part 1: Off-street carparking between the road reserve and the finished floor level of any garage.

7

Internal alteration to a shop or commercial premises

  • (a)

    Within a Business zone.

  • (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 enclosure (non-habitable)

  • (a)

    Within a Residential or Rural zone.

  • (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 secondary road boundary of 3m in Residential zones or 6m in Rural zones.

  • (f)

    Roofwater drains to street or interallotment drainage system or other existing effective drainage 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.

  • (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)

    Complies with the Swimming Pools Act 1992, the Swimming Pools Regulation 1998 and any applicable 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)

    Any existing or proposed child resistant barrier fencing complies with the Swimming Pools Act 1992, the regulations under that Act and any applicable Australian Standard.

10

Swimming pool decking

  • (a)

    Located behind the existing dwelling setback from any road.

  • (b)

    Located a minimum 900mm from the child-resistant barrier (including dividing/boundary fences) which complies with the Swimming Pools Act 1992.

  • (c)

    Not roofed.

  • (d)

    Maximum area 10m2 (aggregate).

  • (e)

    Floor level maximum 500mm above adjacent ground level.

Schedule 8Complying development conditions

(Clause 9B (2))

Prior to development work commencing1

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 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’ 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 work4

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, 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.

During development work8

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 controls, site works and site set out

commence development work

(b)

Footing system

place concrete or covering

(c)

Floor slab

place concrete

(d)

Stormwater drainage

covering or backfilling

(e)

Frame (including any termite barriers)

affixing internal linings

(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 occupation10

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.

During development work12

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)

Frame (including any required termite barriers)

affixing internal linings

(b)

Wet area flashing

affixing wall and floor tiles

Prior to occupation or use13

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.

During development work14

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 controls, site works and site set out

commencement of development work

(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

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 use16

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.

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