Campbelltown (Urban Area) Local Environmental Plan 2002 (NSW)

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Part 1Preliminary1Name of plan

This plan is Campbelltown (Urban Area) Local Environmental Plan 2002.

2Aims and objectives(1)

The aims of this plan are—

  • (a)

    to provide controls on development for the urban area of the City of Campbelltown in a local environmental plan which consolidates and simplifies existing controls applying in that area, and

  • (b)

    to establish a broad framework of controls and allow the opportunity for more detailed provisions relating to specific types of development or specific areas to be provided by development control plans, and

  • (c)

    to promote the objectives of the Act and, in particular, to maintain and enhance the amenity of the urban area of the City of Campbelltown.

(2)

The objectives of this plan are—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, and

  • (a)

    to modify existing controls on development where necessary to gain uniformity in controls across the urban area of the City of Campbelltown, and

  • (b)

    to protect areas from inappropriate development, and

  • (c)

    to maintain and improve the opportunities for appropriate commercial and industrial development in those parts of the urban area of the City of Campbelltown identified as suitable for those purposes, and

  • (d)

    to maintain and improve opportunities for the community living in the City of Campbelltown to enjoy an appropriate range of social, cultural and recreational facilities, and

  • (e)

    to ensure that environmentally sensitive areas (including waterways, riparian corridors, biological linkages, remnant native vegetation and associated buffers) are protected and, where damaged, rehabilitated, and

  • (f)

    to encourage a variety of forms of higher density housing in locations which are accessible to public transport, employment, retail, commercial and service facilities, and

  • (g)

    to ensure that heritage items are identified and protected, and

  • (h)

    to encourage the provision of a safe and efficient system for movement between the various parts of the urban area of the City of Campbelltown and to other places, particularly through the use of public transport, and encouraging cycling and walking, and

  • (i)

    to ensure that all development satisfies the principles of ecologically sustainable development, energy conservation and efficiency, and that the cumulative impact of development in sub-catchments is considered, and

  • (j)

    to conserve the environmental heritage of the urban area of the City of Campbelltown, and

  • (k)

    to retain the cultural significance of the urban area of the City of Campbelltown, and

  • (l)

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

  • (m)

    to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings, and

  • (n)

    to ensure that archaeological sites and places of Aboriginal significance are conserved, and

  • (o)

    to allow for the protection of buildings, works, relics, trees, places and archaeological sites which have heritage significance but which are not identified as heritage items by an environmental planning instrument, and

  • (p)

    to ensure that the heritage conservation areas throughout the urban area of the City of Campbelltown retain their heritage significance, and

  • (q)

    to ensure that measures are adopted to minimise potential soil salinity problems.

3Land to which plan applies

This plan applies to land within the City of Campbelltown as shown distinctly coloured, except for land marked “deferred matter”, on the map.

4Relationship to other environmental planning instruments(1)

This plan repeals the following deemed environmental planning instruments and local environmental plans—

  • County of Cumberland Planning Scheme Ordinance (but only to the extent that it applied to land to which this plan applied immediately before the commencement of this plan)

  • Interim Development Order No 7—City of Campbelltown

  • Interim Development Order No 9—City of Campbelltown

  • Interim Development Order No 19—City of Campbelltown

  • Interim Development Order No 21—City of Campbelltown

  • Interim Development Order No 23—City of Campbelltown

  • Interim Development Order No 24—City of Campbelltown

  • Interim Development Order No 25—City of Campbelltown

  • Interim Development Order No 26—City of Campbelltown

  • Interim Development Order No 27—City of Campbelltown

  • Interim Development Order No 29—City of Campbelltown

  • Campbelltown Local Environmental Plan No 2

  • Campbelltown Local Environmental Plan No 47

  • Campbelltown Local Environmental Plan No 62

(2)

If this plan applies to land, no other deemed environmental planning instrument or other local environmental plan in force at the commencement of this plan applies to the land, except—

  • Campbelltown Local Environmental Plan No 209—Exempt Development in Urban Areas

  • Campbelltown Local Environmental Plan No 209—Exempt Development

  • Campbelltown Local Environmental Plan No 214—Complying Development

  • Campbelltown Local Environmental Plan 2001—Exempt and Complying Development

(3)

Despite subclause (2), environmental planning instruments (including, where appropriate, State environmental planning policies, regional environmental plans and deemed environmental planning instruments) as in force immediately before the appointed day continue to apply to a development application if—

  • (a)

    the application was made but had not been finally determined before that day, and

  • (b)

    the development that is the subject of the application is prohibited by other provisions of this plan but could, with development consent, have been carried out in accordance with those instruments as so in force.

(4)

Interim Development Order No 22—City of Campbelltown is amended by inserting at the end of clause 1A the following subclause—

(2)

This Order does not apply to land to which Campbelltown (Urban Area) Local Environmental Plan 2002 applies.

5Interpretation(1)

Some terms used in this plan have a particular meaning, which is set out in the Dictionary in Schedule 3.

(2)

In this plan—

  • (a)

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

  • (b)

    a reference to a map is a reference to a map deposited in the office of the Council.

(3)

In Part 2—

  • (a)

    a reference to dwellings is a reference to all types of dwellings other than any types of dwellings specifically excluded in the immediately following phrase in parenthesis beginning with the words “other than”, and

  • (b)

    a reference to industries is a reference to all types of industries other than—

    • (i)

      extractive industries, and

    • (ii)

      any types of industries specifically excluded in the immediately following phrase in parenthesis beginning with the words “other than”, and

  • (c)

    a reference to a storage establishment is a reference to all types of storage establishments, including hazardous or offensive storage establishments.

(4)

The list of contents and notes in this plan are not part of this plan.

6Consent authority

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

Part 2Land useDivision 1General zoning controls7Zone 1 (a)—Rural A Zone(1)

Land is within Zone 1 (a) if it is shown coloured buff on the map.

(2)

The objective of this zone is to identify land that constraints make unsuitable for urban use so that it can be put to long-term agricultural use.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with the objective of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development must not be carried out on land within this zone without consent.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • agriculture; bushfire hazard reduction; drainage; dual occupancies (attached); dwelling houses; forestry; mines; utility installations.

(5)

Development which is not included in subclause (4) is prohibited on land within this zone.

8Zone 1 (d)—Rural Future Urban Zone(1)

Land is within Zone 1 (d) if it is shown coloured buff and lettered “1 (d)” on the map.

(2)

The objective of this zone is to identify and protect land held in reserve for future urban use.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with the objective of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development must not be carried out on land within this zone without consent.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • agriculture; bushfire hazard reduction; drainage; forestry; mines; utility installations.

(5)

Development which is not included in subclause (4) is prohibited on land within this zone.

9Zone 2 (b)—Residential B Zone(1)

Land is within Zone 2 (b) if it is shown coloured pink (and not edged red) on the map.

(2)

The objectives of this zone are—

  • (a)

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

  • (b)

    to permit the development of a range of housing types, and

  • (c)

    to encourage a variety of forms of housing that are higher in density than traditional dwelling houses, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities, and

  • (d)

    to allow the carrying out of a reasonable range of activities from dwellings, where such activities are not likely to adversely affect the amenity of the locality, and

  • (e)

    to allow development which—

    • (i)

      is compatible with residential use, and

    • (ii)

      is capable of visual integration with the surrounding buildings, and

    • (iii)

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

    • (iv)

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

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; forestry; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; animal boarding or training establishments; auction premises; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; extractive industries; helipads; heliports; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; plant hire; public buildings; recreation establishments; recreation facilities; refreshment rooms; research establishments; residential flat buildings; retail plant nurseries; retail plant propagation nurseries; roadside stalls; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.

9AZone 2 (c)—Higher Density Residential Zone(1)

Land is within Zone 2 (c) if it is shown coloured pink and edged red on the map.

(2)

The objectives of this zone are—

  • (a)

    to make provision for land to be used for housing and a range of associated uses, and

  • (b)

    to permit a range of housing types, with identified density standards, and

  • (c)

    to encourage the provision of a variety of housing types that are higher in density than traditional dwelling houses within locations that are accessible to public transport, employment and retail, commercial and service facilities, and

  • (d)

    to permit the carrying out of a range of activities from dwellings, where such activities are not likely to adversely affect the amenity of residents of the locality, and

  • (e)

    to permit development that is supported by physical and social infrastructure required to meet the needs of the future residents within the zone, and

  • (f)

    to permit development that acknowledges and protects areas of environmental and cultural sensitivity, and

  • (g)

    to permit development that incorporates measures to minimise potential soil salinity problems, and

  • (h)

    to permit development that will maximise the retention of remnant native vegetation.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that the proposed development would be consistent with one or more of the objectives of this zone.

(3)

Development may be carried out on land within this zone without consent for the purpose of utility installations.

(4)

Development that is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • Agriculture; amusement centres; animal boarding or training establishments; auction premises; brothels; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; extractive industries; forestry; hazardous industries; hazardous storage establishments; helipads; heliports; hospitals; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; local markets; mines (except underground mining); motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; offensive industries; offensive storage establishments; places of assembly; plant hire; potentially hazardous industries; potentially offensive industries; public buildings; recreation establishments; refreshment rooms; religious establishments; research establishments; retail plant nurseries; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.

10Zone 3 (a)—General Business Zone(1)

Land is within Zone 3 (a) if it is shown coloured mid blue on the map.

(2)

The objectives of this zone are—

  • (a)

    to provide space for a wide range of retail and commercial needs to serve the district of Edmondson Park, and

  • (b)

    to encourage employment and business activities in order to promote the economic well-being of the community, and

  • (c)

    to accommodate a range of cultural, entertainment and like facilities for the benefit of the community, and

  • (d)

    to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities, and

  • (e)

    to facilitate the establishment of the Edmondson Park Town Centre as a transport node servicing the Edmondson Park Urban Release Area Precinct and adjoining lands.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • Agriculture; animal boarding or training establishments; brothels; bulky goods retailing; bus depots; caravan parks; dual occupancies; dual occupancies (attached); dwelling houses; exhibition homes; extractive industries; forestry; hazardous industries; hazardous storage establishments; helipads; heliports; hospitals; industrial machinery show rooms; industries; institutions; integrated housing development; intensive horticulture; intensive livestock keeping; junkyards; landscape supply establishments; mines (except underground mining); motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; offensive industries; offensive storage establishments; potentially hazardous industries; potentially offensive industries; recreation establishments; religious establishments; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; storage establishments; towing services; warehouses; wholesale plant nurseries.

11Zone 3 (c)—Neighbourhood Business Zone(1)

Land is within Zone 3 (c) if it is shown coloured dark blue on the map.

(2)

The objectives are—

  • (a)

    to provide conveniently located land for a range of shops, commercial premises and professional services that are of a domestic scale, compatible with residential development, and which serve the needs of the local community, and

  • (b)

    to accommodate a restricted range of facilities required in the local community but which are not appropriate on land within Zone 2 (b).

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • Agriculture, amusement centres; animal boarding or training establishments; auction premises; brothels; bulky goods retailing; bus depots; caravan parks; clubs; computer processing centres; dual occupancies; dual occupancies (attached); dwelling houses; exhibition homes; extractive industries; forestry; hazardous industries; hazardous storage establishments; helipads; heliports; hospitals; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; mines (except underground mining); motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; offensive industries; offensive storage establishments; places of assembly; plant hire; potentially hazardous industries; potentially offensive industries; recreation establishments; religious establishments; research establishments; retail plant nurseries; retail plant propagation nurseries; roadside stalls; rural industries; sawmills; storage establishments; towing services; transport terminals; warehouses; wholesale plant nurseries.

12Zone 4 (a)—General Industry Zone(1)

Land is within Zone 4 (a) if it is shown coloured mauve on the map.

(2)

The objectives of this zone are—

  • (a)

    to encourage activities that will contribute to the economic and employment growth of the City of Campbelltown, and

  • (b)

    to allow a range of industrial, storage and allied activities, together with ancillary uses, the opportunity to locate within the City of Campbelltown, and

  • (c)

    to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development, and

  • (d)

    to protect the viability of the commercial centres in the City of Campbelltown by limiting commercial activities to those associated with permitted industrial, storage and allied development, and

  • (e)

    to ensure development will not be carried out unless the consent authority is satisfied that the processes to be carried on, the transportation to be involved, or the plant, machinery or materials to be used, do not interfere unreasonably with the amenity of the area.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; forestry; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • boarding-houses; bulky goods retailing; caravan parks; commercial premises (other than those associated with, or ancillary to, any other permissible development and located on the same site as that development); dwellings (other than conjoint dwellings); exhibition homes; extractive industries; hazardous industries; hazardous storage establishments; hospitals; institutions; liquor stores; offensive industries; offensive storage establishments; places of assembly; religious establishments (other than those in existing industrial buildings); retail plant nurseries; roadside stalls; shops (other than those primarily intended to serve people employed or occupied in land uses permitted in the industrial zones).

13Zone 4 (b)—Industry B Zone(1)

Land is within Zone 4 (b) if it is shown coloured mauve with red edging and lettered “4 (b)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to encourage activity that will contribute to economic and employment growth in the City of Campbelltown, and

  • (b)

    to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development, and

  • (c)

    to protect the viability of the commercial centres in the City of Campbelltown by limiting commercial activities to those associated with permitted industrial, storage and allied development or primarily intended to provide a professional facility to serve people employed or occupied in land uses permitted in the industrial zones, and

  • (d)

    to permit the display and sale by retail of bulky goods only if such activities cannot appropriately be located in, or would not adversely affect the viability of development in, the business or comprehensive centre zones, and

  • (e)

    to ensure development will not be carried out if the processes to be carried on, the transportation to be involved or the plant, machinery or materials to be used interfere unreasonably with the amenity of the area.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; forestry; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • commercial premises used by accountants or tax agents; any other development which is not included in subclause (3) or (5).

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • boarding-houses; caravan parks; commercial premises (other than those used by accountants or tax agents and those associated with and ancillary to any other development not included in this subclause and located on the same site as that development); dwellings (other than conjoint dwellings); exhibition homes; extractive industries; hazardous industries; hazardous storage establishments; hospitals; institutions; junk yards; offensive industries; offensive storage establishments; religious establishments (other than those in existing industrial buildings); roadside stalls; shops (other than those primarily intended to serve people employed or occupied in land uses permitted in the industrial zones).

14Zone 4 (c)—Industry C Zone(1)

Land is within Zone 4 (c) if it is shown coloured mauve with red edging and lettered “4 (c)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to encourage activity that will contribute to economic and employment growth in the City of Campbelltown, and

  • (b)

    to encourage a high quality standard of development which is aesthetically pleasing, functional, and relates sympathetically to nearby and adjoining development, and

  • (c)

    to protect the viability of the commercial centres in the City of Campbelltown by limiting commercial activities to those associated with permitted industrial, storage and allied development, and

  • (d)

    to permit the display and sale by retail of bulky goods only if such activities cannot appropriately be located in, or would not adversely affect the viability of development in, the comprehensive centre zones, and

  • (e)

    to ensure development shall not be carried out if the processes to be carried on, the transportation to be involved or the plant, machinery or materials to be used interfere unreasonably with the amenity of the area, and

  • (f)

    to ensure that development does not unreasonably affect the amenity of existing dwellings on land in the zone.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; forestry; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • boarding-houses; caravan parks; commercial premises (other than those associated with and ancillary to any other development not included in this subclause and located on the same site as that development); dwellings (other than conjoint dwellings); exhibition homes; extractive industries; hazardous industries; hazardous storage establishments; hospitals; institutions; junk yards; liquor stores; motor vehicle body repair workshops; offensive industries; offensive storage establishments; places of assembly; religious establishments (other than those in existing industrial buildings); roadside stalls; shops (other than those primarily intended to serve people employed or occupied in land uses permitted in the industrial zones); towing services.

15Zone 5 (a)—Special Uses A Zone(1)

Land is within Zone 5 (a) if it is shown coloured yellow with red edging and red lettering on the map.

(2)

The objectives of this zone are—

  • (a)

    to provide land for special uses which would otherwise be prohibited by the zoning of the surrounding area, and

  • (b)

    to identify land used or required for railway purposes.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would achieve the objective of this zone stated in paragraph (a).

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • the land use indicated by lettering on the map and any land use normally associated with and ancillary to that use; bushfire hazard reduction; forestry; roads; underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

16Zone 5 (b)—Special Uses Arterial Roads Zone(1)

Land is within Zone 5 (b) if it is shown coloured light grey on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify land required for existing or proposed arterial roads (including the widening of existing roads), and

  • (b)

    to control vehicular access to and from roads in the zone so as not to inhibit the free flow of traffic on arterial roads, and

  • (c)

    to allow for the development of such land prior to its acquisition for road purposes.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; roads; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

17Zone 5 (c)—Special Uses Sub-Arterial Roads Zone(1)

Land is within Zone 5 (c) if it is shown coloured mid grey on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify land required for existing or proposed sub-arterial roads (including the widening of existing roads), and

  • (b)

    to control vehicular access to and from roads in the zone so as not to inhibit the free flow of traffic on sub-arterial roads, and

  • (c)

    to allow for the development of such land prior to its acquisition for road purposes.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; roads; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

18Zone 5 (d)—Special Uses Local Roads Zone(1)

Land is within Zone 5 (d) if it is shown coloured dark grey on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify land required for proposed local roads (including the widening of existing roads), and

  • (b)

    to allow for the development of such land prior to its acquisition or dedication for use for roads.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; roads; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

19Zone 5 (e)—Special Uses Public Purposes Corridor Zone(1)

Land is within Zone 5 (e) if it is shown coloured yellow and red and lettered “5 (e)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to reserve land through which major linear elements of regional infrastructure may be constructed across the urban area of the City of Campbelltown, and

  • (b)

    to assist in structuring the urban area of the City of Campbelltown, specifically, by physically separating the suburbs of Ingleburn and Minto, and

  • (c)

    to bring a rural landscape into part of the urban area of the City of Campbelltown, and

  • (d)

    to provide recreational and environmental education opportunities for the local community until the land is required for some element of regional infrastructure, and

  • (e)

    subject to paragraph (d), to provide opportunities for land uses which can be removed, at no cost to the public sector, from any land required for any element of regional infrastructure which is to pass through the corridor and which is compatible with other development in or adjoining the corridor.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; child care centres; clubs; commercial premises; computer processing centres; dwellings; helipads; heliports; hotels; industrial machinery showrooms; industries; institutions; intensive horticulture; intensive livestock keeping; junk yards; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; religious establishments; research establishments; roadside stalls; service stations; shops; towing services; transport terminals; veterinary clinics; veterinary establishments; warehouses.

20Zone 6 (a)—Local Open Space Zone(1)

Land is within Zone 6 (a) if it is shown coloured light green on the map.

(2)

The objectives of this zone are—

  • (a)

    to ensure there is provision of adequate open space to meet the existing and future needs of residents and to provide opportunities to enhance the environmental quality of the City of Campbelltown, and

  • (b)

    to identify land which is owned, or proposed to be owned, by the Council and to provide for the acquisition or dedication of this land for open space or public recreational purposes, and

  • (c)

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

  • (d)

    to protect and preserve areas of urban bushland which are considered valuable because of their natural heritage significance or recreational, educational, aesthetic or scientific values, and

  • (e)

    to provide opportunities for recreation and the provision of community facilities on publicly owned land.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • bushfire fighting establishments; bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); car parking; community facilities; recreation areas; recreation facilities; roads; underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

21Zone 6 (b)—Regional Open Space Zone(1)

Land is within Zone 6 (b) if it is shown coloured mid green on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify land which has been acquired for, or is to be acquired for, regional open space, and

  • (b)

    to preserve and manage regional open space for conservation and recreational purposes for the benefit of the Sydney region.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • bushfire fighting establishments; bushfire hazard reduction (otherwise than in accordance with a bush fire management plan prepared under the Rural Fires Act 1997); car parking; community facilities; recreation areas; recreation facilities; roads; underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

22Zone 6 (c)—Private Open Space Zone(1)

Land is within Zone 6 (c) if it is shown coloured dark green on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify areas where private recreation facilities are or may be developed, and

  • (b)

    to allow a limited range of other activities which will not detract significantly from the character of the locality or the amenity of any existing or proposed development in the locality.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would promote one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development may be carried out on land within this zone only with consent for the purpose of—

  • clubs (including any land use ordinarily incidental or ancillary to clubs); recreation areas; recreation establishments; recreation facilities; refreshment rooms; roads; underground mining.

(5)

Development is prohibited on land within this zone if it is not included in subclause (3) or (4).

23Zone 7 (d1)—Environmental Protection 100 hectares Minimum Zone(1)

Land is within Zone 7 (d1) if it is shown coloured orange on the map.

(2)

The objectives of this zone are—

  • (a)

    to set aside certain land as a protected rural environment, and

  • (b)

    to ensure that the land will retain a rural environment providing visual contrast to the urban area of the City of Campbelltown, and

  • (c)

    to ensure that the inhabitants of the City of Campbelltown will continue to have views of, and access to, a rural environment, and

  • (d)

    to maintain a stock of land that is capable of being developed for the purpose of providing recreation establishments and other land uses of the kind that require large areas of open space, and

  • (e)

    to preserve existing farming and agricultural research activities.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; forestry; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; child care centres; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than rural industries); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; refreshment rooms (other than those within existing dwellings); recreation facilities (other than those carried out in the open); retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.

24Zone 7 (d4)—Environmental Protection 2 hectares Minimum Zone(1)

Land is within Zone 7 (d4) if it is shown coloured orange with red edging and lettered “7 (d4)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify and protect land and watercourses forming part of the Georges River catchment area, and

  • (b)

    to conserve the rural character of the area by maintaining a minimum area of 2 hectares for lots used for rural living, and

  • (c)

    to protect environmentally important land and watercourses possessing scenic, aesthetic, ecological or conservation value, and

  • (d)

    to allow some diversity of development, but only where it is unlikely to have a detrimental effect on the quality and character of the locality or the amenity of any existing or proposed development in the locality.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); educational establishments; exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than those carried on in craft studios); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; religious establishments; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.

25Zone 7 (d5)—Environmental Protection 1 hectare Minimum Zone(1)

Land is within Zone 7 (d5) if it is shown coloured orange with red edging and lettered “7 (d5)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to conserve the rural-residential character of the land by maintaining a minimum area of 1 hectare for lots used for rural-residential living, and

  • (b)

    to protect environmentally important land and watercourses possessing scenic, aesthetic, ecological or conservation value, and

  • (c)

    to allow some diversity of development, but only where it is unlikely to have a detrimental effect on the quality and character of the locality or the amenity of any existing or proposed development in the locality.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); educational establishments; exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than those carried on in craft studios); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; religious establishments; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.

26Zone 7 (d6)—Environmental Protection 0.4 hectare Minimum Zone(1)

Land is within Zone 7 (d6) if it is shown coloured orange with red edging and lettered “7 (d6)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to permit intensive rural-residential living on land which can be provided with sewage reticulation (but, because of scenic quality or for other reasons, has not been zoned residential) by allowing a minimum lot size of 0.4 hectare, and

  • (b)

    to allow some diversity of development, but only where it is unlikely to have a detrimental effect on the quality or character of the locality or the amenity of any existing or proposed development in the locality.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; animal boarding or training establishments; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; clubs; commercial premises; computer processing centres; dwellings (other than dwelling houses and dual occupancies (attached)); educational establishments; exhibition homes; extractive industries; heliports; hospitals; hotels; industrial machinery showrooms; industries (other than those carried on in craft studios); institutions; intensive horticulture; intensive livestock keeping; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; places of assembly; plant hire; professional consulting rooms; public buildings; recreation establishments; recreation facilities; refreshment rooms; religious establishments; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; transport terminals; veterinary establishments; warehouses.

26AZone 8 (b)—National Parks and Nature Reserves ZoneNote—

Until such time as a Ministerial order is published under clause 64, this clause will not apply to any land.

(1)

Land is within Zone 8 (b) if it is marked “8 (b)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to identify land that is or is to be reserved under the National Parks and Wildlife Act 1974, and

  • (b)

    to permit development for a purpose authorised under that Act to be carried out on the land without consent.

(3)

Development for any purpose authorised under the National Parks and Wildlife Act 1974 may be carried out on land within this zone without consent.

(4)

Development that is not included in subclause (3) is prohibited on land within this zone.

27Zone 9—Community Uses Zone(1)

Land is within Zone 9 if it is shown coloured brown on the map.

(2)

The objective of this zone is to provide conveniently located land for a range of facilities that are of a domestic scale, compatible with residential development and serve the community.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with the objective of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • amusement centres; auction premises; boarding-houses; bulky goods retailing; bus depots; caravan parks; commercial premises; computer processing centres; dwellings (other than conjoint dwellings); extractive industries; helipads; heliports; hospitals; hotels; industrial machinery showrooms; industries; junk yards; landscape supply establishments; liquor stores; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; plant hire; refreshment rooms; research establishments; retail plant nurseries; roadside stalls; service stations; shops; storage establishments; towing services; transport terminals; veterinary establishments; warehouses; wholesale plant nurseries.

28Zone 10 (a)—Regional Comprehensive Centre Zone(1)

Land is within Zone 10 (a) if it is shown coloured light blue and lettered “10 (a)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to provide land for the City of Campbelltown and the Macarthur region’s largest centre of commerce, and

  • (b)

    to encourage employment and economic growth, and

  • (c)

    to accommodate tertiary education and hospital facilities for the City of Campbelltown and the Macarthur region, and

  • (d)

    to accommodate a wide range of cultural, entertainment and like facilities, and

  • (e)

    to permit limited industrial uses that are compatible with the proper operation of a major regional centre, and

  • (f)

    to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities in locations which are accessible to public transport, employment, retail, commercial and service facilities.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • caravan parks; heliports; junk yards; motor vehicle body repair workshops; plant hire; storage establishments; towing services; warehouses.

29Zone 10 (b)—District Comprehensive Centre Zone(1)

Land is within Zone 10 (b) if it is shown coloured light blue and lettered “10 (b)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to provide space for a wide range of retail, commercial and like needs to serve the districts within the City of Campbelltown, and

  • (b)

    to encourage employment and business activities in order to promote the economic well-being of the community, and

  • (c)

    to accommodate a range of cultural, entertainment and like facilities for the benefit of the community, and

  • (d)

    to permit limited industrial uses that are compatible with the proper operation of a commercial centre serving a district, and

  • (e)

    to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • bus depots; caravan parks; helipads; heliports; hotels; industrial machinery showrooms; junk yards; motor vehicle body repair workshops; storage establishments; towing services; warehouses.

30Zone 10 (c)—Local Comprehensive Centre Zone(1)

Land is within Zone 10 (c) if it is shown coloured light blue and lettered “10 (c)” on the map.

(2)

The objectives of this zone are—

  • (a)

    to provide conveniently located land for a range of shops, commercial premises and professional services that are of a domestic scale and compatible with residential development in order to serve the needs of local neighbourhoods, and

  • (b)

    to provide opportunities for local employment, and

  • (c)

    to accommodate a range of activities required in the locality, but which are not appropriate on land in Zone 2 (b), and

  • (d)

    to encourage a variety of forms of higher density housing, including accommodation for older people and people with disabilities, in locations which are accessible to public transport, employment, retail, commercial and service facilities.

Except as otherwise provided by this plan, consent must not be granted for development on land within this zone unless the consent authority is of the opinion that carrying out the proposed development would be consistent with one or more of the objectives of this zone.

A further objective of this zone is to encourage a high quality standard of development which is aesthetically pleasing, functional and relates sympathetically to nearby and adjoining development.

(3)

Development may be carried out on land within this zone without consent for the purpose of—

  • drainage; utility installations.

(4)

Development which is not included in subclause (3) or (5) may be carried out with consent on land within this zone.

(5)

Development is prohibited on land within this zone if it is for the purpose of—

  • auction premises; bus depots; caravan parks; clubs; computer processing centres; helipads; heliports; hotels; industrial machinery showrooms; industries; junk yards; motels; motor showrooms; motor vehicle body repair workshops; motor vehicle repair stations; motor vehicle spare parts and accessories outlets; plant hire; recreation establishments; research establishments; storage establishments; towing services; transport terminals; warehouses.

Division 2Outdoor advertising controls31Controls for outdoor advertising(1)

The objectives of this clause are to ensure that outdoor advertising—

  • (a)

    conveys advertisers’ messages and images while complementing and conforming to both the development on which it is displayed and the character of the surrounding locality, and

  • (b)

    does not adversely affect the locality in which it is located in terms of appearance, size, illumination, over-shadowing or in any other way, and

  • (c)

    does not lead to visual clutter through the proliferation of signs.

Consent must not be granted to the erection of an advertisement unless the consent authority is of the opinion that erection of the advertisement would be consistent with the objectives of this clause.

(2)

The following advertisements may be erected without consent—

  • (a)

    advertisements within a site which are not visible from outside that site (other than advertisements on a heritage item or on the site of a heritage item),

  • (b)

    business identification signs (other than advertisements on a heritage item or the site of a heritage item),

  • (c)

    real estate signs,

  • (d)

    temporary signs,

  • (e)

    directional signs,

  • (f)

    public notices displayed by a public authority giving information or directions about the services provided,

  • (g)

    signs behind the glass line of a shop window,

  • (h)

    advertisements on motor vehicles used for the conveyance of goods or passengers,

  • (i)

    advertisements on the playing surface or on the inside of a fence around the playing surface of a sporting facility displaying information about sponsors or products of sponsors of teams or organisations using the sporting facility.

(3)

The following advertisements may be erected only with consent—

  • (a)

    subject to subclause (4), advertisements directing the travelling public to tourist facilities and places of scientific, historic or scenic interest,

  • (b)

    advertisements that are not included in subclause (2) or (5).

(4)

Consent must not be granted to the erection of an advertisement on any land for the specific purpose of directing the travelling public to tourist facilities and places of scientific, historic or scenic interest unless the consent authority is satisfied that—

  • (a)

    the advertisement relates to a specific building or place, and

  • (b)

    the principal purpose of the advertisement is to direct the travelling public to that building or place, and

  • (c)

    the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

(5)

Outdoor advertisements are prohibited on land within Zone 1 (a), 1 (d), 6 (a), 6 (b), 7 (d1), 7 (d4), 7 (d5) or 7 (d6) other than—

  • (a)

    those allowed without consent by subclause (2) or only with consent by subclause (3) (a), and

  • (b)

    advertisements about sponsors or products of sponsors of teams or organisations using a sporting facility, if the advertisement is located within Zone 6 (a) or 6 (b).

Part 3Special provisionsDivision 1General32Subdivision generally(1)

Land to which this plan applies may be subdivided only with development consent.

(2)

Consent must not be granted to the subdivision of land traversed by a zone boundary unless the boundaries of lots so created correspond generally with the boundaries between the zones as shown on the map.

(3)

Where the subdivision of land would result in the opening of a new road, the road must accord with any pattern of proposed roads indicated on the map unless the consent authority is satisfied that the road will provide adequate access to adjoining land and fulfils the objectives of the road pattern indicated on the map.

33Subdivision in rural and environmental protection zones(1)

Consent must not be granted to the subdivision of land in a zone specified in the following Table unless the area of any lot created is equal to or greater than that shown opposite that zone in that Table.

Table

Zone

Lot

1 (a)

40 hectares

1 (d)

40 hectares

7 (d1)

100 hectares

7 (d4)

2 hectares

7 (d5)

1 hectare

7 (d6)

0.4 hectare

(2)

Despite subclause (1), consent may be granted to the subdivision of land in any of the zones specified in the Table so as to create lots with areas less than those set out in that Table if—

  • (a)

    the consent authority is satisfied that the purpose of the subdivision is to create a lot or lots to be used for the purpose of a public utility undertaking or public reserve, or

  • (b)

    the consent authority is satisfied that the purpose of the subdivision is to align the boundaries of those lots with the boundaries of a zone so specified.

(3)

For the purposes of subclause (2), an existing holding is the aggregation of all adjacent or adjoining lots or portions held in the same ownership at the relevant date shown in italics on the map for that zone or the part of that zone within which the existing holding is located.

34Dual occupancies in certain zones(1)

If two dwellings are situated on the same lot within Zone 2 (b)—

  • (a)

    the separate occupation of the lots illustrated by a proposed strata plan relating to the dwellings is prohibited, and

  • (b)

    subdivision of the land under the Conveyancing Act 1919 or the Community Land Development Act 1989 is prohibited,

unless the area of each lot that will be the subject of a separate title for a dwelling when the plan is registered is not less than 350 square metres.

(2)

If two dwellings are situated on the same lot or an existing holding within Zone 1 (a), 7 (d1), 7 (d4), 7 (d5) or 7 (d6)—

  • (a)

    the separate occupation of the lots illustrated by a proposed strata plan relating to the dwellings is prohibited, and

  • (b)

    subdivision of the land under the Conveyancing Act 1919 or the Community Land Development Act 1989 is prohibited,

unless the area of each lot that will be the subject of a separate title for a dwelling when the plan is registered is not less than the area for a lot in the zone shown in the Table in clause 33.

35Erection of dwelling houses or dual occupancies in certain zones(1)

Consent must not be granted to the erection of a dwelling house or a dual occupancy (attached) on land within Zone 1 (a), 7 (d1), 7 (d4), 7 (d5) or 7 (d6) unless—

  • (a)

    the area of the lot on which it is to be erected is equal to or greater than the area shown opposite that zone in the Table in clause 33, and

  • (b)

    only one dwelling house or one dual occupancy (attached) is to be erected on the lot.

(2)

Despite subclause (1), consent may be granted to the erection of one dwelling house or one dual occupancy (attached) on land within Zone 7 (d4) if—

  • (a)

    that land constituted the whole of an existing holding, or

  • (b)

    the land is a lot created pursuant to clause 33 (2), but not a lot to be used for the purpose of a public utility undertaking or public reserve.

(3)

For the purposes of this clause, an existing holding is the aggregation of all adjacent or adjoining lots or portions held in the same ownership at the relevant date shown in italics on the map for the part of that zone within which the existing holding is located.

36Agriculture, animal boarding or training establishments, intensive horticulture and intensive livestock keeping

The consent authority, when determining an application for consent to develop land for agriculture, intensive horticulture, intensive livestock keeping or animal boarding or training establishments must take into consideration the following matters—

  • (a)

    the need to protect the quality of downstream watercourses,

  • (b)

    the need to conserve native vegetation,

  • (c)

    the need to protect environmentally sensitive land, such as riparian land, land containing an endangered species, population or ecological community or a vulnerable species within the meaning of the Threatened Species Conservation Act 1995,

  • (d)

    the need to protect the amenity of the area from noise, spray drift, odour or any other potentially offensive consequences,

  • (e)

    the need to limit the impact of development on flood liable land,

  • (f)

    the cumulative impact of the use applied for and the use of the land for the keeping of livestock or the growing of produce intended solely for personal consumption or enjoyment by the owner or occupier of a dwelling on the land.

37Setbacks within industrial areas

Consent must not be granted to development, other than the use of land for landscaping, for access roads and for off street parking, on any land within Zone 4 (a) or 4 (b) which is within—

  • (a)

    30 metres of the main southern railway line, the South Western Freeway, Ben Lomond Road between Pembroke Road and the Main Southern Railway Line, Campbelltown Road, Henderson Road, Pembroke Road, Rose Payten Drive or Williamson Road, or

  • (b)

    15 metres of Airds Road (but in respect of Lot 2 DP 605327, the 15 metres is to be measured from the alignment of Airds Road as existing prior to the dedication of the road widening shown on DP 605327), Badgally Road, Ben Lomond Road between Campbelltown Road and the Main Southern Railway Line, Blaxland Road between Campbelltown Road and Rose Street, the south eastern side of Blaxland Road between Rose Street and Lot 5 DP 538258, Blaxland Road between Lot 5 DP 538258 and Narellan Road, Devon Road, Grange Road, Plough Inn Road between Campbelltown Road and Hollylea Road, Sussex Street or Swaffham Road, or

  • (c)

    8 metres of the north western side of Blaxland Road between Rose Street and Lot 5 DP 538258, or

  • (d)

    10 metres from any other road.

38Development near certain zone boundaries(1)

This clause applies to land that is within 50 metres of a boundary between any two of Zones 2 (b), 5 (a), 6 (a), 7 (d1) and 10 (c).

(2)

Subject to subclause (3), a subdivision of land to which this clause applies to facilitate the conversion of the land from a greenfield or rural state to urban and its subsequent development in accordance with the pattern of the subdivision may, with development consent, be carried out for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

(3)

Consent must not be granted to the carrying out of development referred to in subclause (2) unless the consent authority is of the opinion that carrying out the proposed development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of the land being converted to an urban use.

38ADevelopment near Zone 5 (e)—Special Uses Public Purposes Corridor Zone(1)

The consent authority must not grant consent to development on land adjoining or adjacent to land within Zone 5 (e) unless the consent authority has taken into consideration the effect that the development is likely to have on the practicability and cost of future development of the public transport corridor within that zone.

(2)

Nothing in subclause (1) requires consent to be obtained for development on land adjoining or adjacent to land within Zone 5 (e) if the development may be carried out without consent under other provisions of this plan.

(3), (4)

(Repealed)

39Earthworks and preservation of trees(1)

Land within the City of Campbelltown must not be cleared, filled or excavated otherwise than in accordance with a consent or an approval granted by the consent authority for any purpose, including—

  • (a)

    the construction of a dam, and

  • (b)

    the removal of trees or other vegetation, and

  • (c)

    the removal of sand, soil or bush rock.

(2)

Consent must not be granted to the filling of land unless the consent authority is satisfied that—

  • (a)

    the landfill is required for the reasonable economic use of the land or for the provision of any utility service, and

  • (b)

    appropriate measures are proposed to ensure that there will be no adverse impact on any waterway or private or public property, and

  • (c)

    the landfill will not adversely affect flow characteristics, flood behaviour or water quality or promote erosion, and

  • (d)

    the landfill contains only virgin excavated natural material (such as clay, gravel, sand, soil or rock) that—

    • (i)

      is not mixed with any other type of waste, and

    • (ii)

      has been excavated from areas of land that are not contaminated with human-made chemicals as a result of industrial, commercial, mining or agricultural activities, and

    • (iii)

      does not contain sulphidic ores or soils, and

  • (e)

    in the case of proposals to fill any swamp or wetland, the ecological and nutrient trapping values of the site have been assessed.

(3)

A tree must not be cut down, lopped, ringbarked, injured or destroyed without development consent.

(4)

Subclause (3) does not apply to or in respect of—

  • (a)

    the pruning of any tree for the purpose of its regeneration or ornamental shaping, or

  • (b)

    the pruning or removal of any tree in accordance with an approval granted by the Council.

(5)

Nothing in this plan prevents the granting of consent for the removal of any tree that—

  • (a)

    needs to be removed for the purpose of creating a fire protection zone to protect a dwelling house erected in accordance with a consent granted before the appointed day, or

  • (b)

    is, in the opinion of the consent authority, a danger to any such dwelling house.

40Suspension of covenants, agreements and similar instruments(1)

Subject to this plan, if any agreement, covenant or other similar instrument prohibits development allowed by this plan, then it will not apply to that development, to the extent necessary to allow that development.

(2)

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

(3)

In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

41Demolition

A structure which may only be erected with development consent must not be demolished without development consent.

42Restrictions on access to or from roads within Zones 5 (b) and 5 (c)(1)

A road or other means of access to an existing public road must not be opened without development consent.

(2)

Subject to subclause (3), development must not be carried out on land adjoining a road within Zone 5 (b) unless all vehicular access to the land from that road is by way of another road which is not in Zone 5 (b).

(3)

Where, except for this clause, development may be carried out on land adjoining a road within Zone 5 (b), the consent authority may allow permanent vehicular access to and from the development by that road if—

  • (a)

    in the opinion of the consent authority, alternative access to the development is neither practicable nor provided by another existing road or a proposed road identified in a development control plan, and

  • (b), (c)

    (Repealed)

(4)

Before granting a development application which makes provision for vehicular access to or from a road within Zone 5 (b) or 5 (c) the consent authority must take into consideration—

  • (a)

    the treatment of the access and its location, and

  • (b)

    the effect of opening the access on traffic flow and traffic safety on the road within Zone 5 (b) or 5 (c), and

  • (c)

    (Repealed)

42ABushfire hazard(1)

In considering whether to grant consent to any development on land which, in the opinion of the consent authority, is likely to be affected by bushfire, the consent authority must take into account whether—

  • (a)

    the development is likely to have a significant adverse effect on the implementation of any strategies for bushfire control and fuel management adopted by the Council, and

  • (b)

    a significant threat to the lives of residents, visitors or emergency services personnel may be created or increased as a result of the development or the access arrangements to and from the development, and

  • (c)

    the increased demand for emergency services during bushfire events created by the development would lead to a significant decrease in the ability of emergency services personnel to effectively control major bushfires, and

  • (d)

    the measures adopted to avoid or mitigate the threat from bushfire, including siting of the development, design of structures and materials used, clearing of vegetation, Inner Protection Areas and Outer Protection Areas (within the meaning of Planning for Bush Fire Protection) and landscaping and fire control aids such as roads and water supplies, are inadequate for the locality or would result in unacceptable environmental impacts.

(2)

In considering the matters referred to in subclause (1), the consent authority must have regard to and, as much as possible, be satisfied that, the provisions of Planning for Bush Fire Protection have been met.

(2A)

If a development application has been made before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 in relation to land to which this clause applies and the application has not been finally determined before that commencement, the application must be determined as if that Policy had not commenced.

(3)

In this clause—

Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, Industry and Environment, dated November 2019.

42BConservation of riparian corridors and remnant vegetation—Glenfield Road

Despite any other provisions of this plan, consent must not be granted to the carrying out of development on land within the area of land shown distinctly coloured on the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 9)”, unless the consent authority is of the opinion that carrying out the proposed development would not compromise the establishment of continuous bushland/riparian corridor linkages on the area of land so shown.

42CMinto Renewal Project(1)

This clause applies to certain land at Minto, as shown distinctively coloured, edged heavy black and lettered on Sheet 1 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 14)”.

(2)

Despite any other provision of this plan, nothing restricts or prohibits the consent authority from granting consent to development of the land to which this clause applies for one or more of the following purposes—

  • (a)

    bushfire fighting establishments,

  • (b)

    bushfire hazard reduction,

  • (c)

    car parking,

  • (d)

    community facilities,

  • (e)

    recreation areas,

  • (f)

    recreation facilities,

  • (g)

    roads,

  • (h)

    underground mining.

(3)

Despite any other provision of this plan, nothing restricts or prohibits the consent authority from granting consent to development of the land to which this clause applies that is within Zone 2 (b) for the purpose of integrated housing development.

(4)

If 2 dwellings are situated on the same lot on land that is within Zone 2 (b) on the land to which this clause applies—

  • (a)

    the separate occupation of the lots illustrated by a proposed strata plan relating to the dwellings is prohibited, and

  • (b)

    subdivision of the land under the Conveyancing Act 1919 is prohibited,

unless the area of each lot that will be the subject of a separate title for a dwelling when the plan is registered is not less than 300 square metres.

(5)

In this clause, integrated housing development means development that includes subdivision and that results in—

  • (a)

    there being 3 or more dwellings, each on a separate lot, and

  • (b)

    the average area of all those separate lots with dwellings is not less than 225 square metres.

Division 1AUrban release areas42DAims of Division

This Division aims—

  • (a)

    to allow for future urban development and the conservation of ecological and riparian corridors and areas of visual significance on land in urban release areas, and

  • (b)

    to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of such land to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes, and

  • (c)

    to ensure that development on such land occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan including specific controls has been prepared for the land.

42EInterpretation

In this Division—

designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—

  • (a)

    State and regional roads,

  • (b)

    bus interchanges and bus lanes,

  • (c)

    rail infrastructure and land,

  • (d)

    land required for regional open space,

  • (e)

    land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

public utility infrastructure includes infrastructure for any of the following purposes—

  • (a)

    the supply of water,

  • (b)

    the supply of electricity,

  • (c)

    the disposal and management of sewage.

urban release area means the land shown edged heavy black and hatched on the following maps—

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 15)—Sheet 3

42FRelationship between Division and remainder of plan

A provision of this Division prevails over any other provision of this plan, other than a provision of Division 2A of Part 3, to the extent of any inconsistency.

  • (h)

    a refreshment room,

or used for any other like purpose.

computer processing centre includes a building or place used for the purpose of administration and receiving, storing, processing and transmitting electronic and telephonic data, for a network of off-site consumer services.

conjoint dwelling means a dwelling that is—

  • (a)

    physically attached to a shop, commercial premises, industrial building or building used primarily for other non-residential purposes, or

  • (b)

    situated on the same land as a shop, commercial premises, industrial building or other non-residential building,

and occupied by a person or persons who are employed in the shop, commercial premises, industrial building or building used primarily for other non-residential purposes or by the business occupying those premises.

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

convenience store means a building or place, with a floor space not exceeding 250 square metres, that is used for the sale of groceries and other small items and that is ancillary to and operated in conjunction with a service station.

corporation means the corporation constituted under section 8 (1) of the Act.

Council means the Council of the City of Campbelltown.

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

development has the same meaning as it has in the Act.

directional sign means an advertisement affixed to a place or premises which contains only a notice regarding directions that apply within that place or premises.

drainage means works to control and convey stormwater flow.

dual occupancy means two dwellings on the same lot.

dual occupancy (attached) means a dual occupancy comprising two attached dwellings on the same lot.

dwelling means a room or suite of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

dwelling house means a building containing one, but not more than one, dwelling.

earthworks means the addition or removal of any solid material on, to or from land or any other work which will substantially alter the existing ground level or character of the surface of land.

Edmondson Park Urban Release Area Precinct means the land shown edged heavy black on Sheet 1 of the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 12)”.

educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

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

extractive industry means—

  • (a)

    the winning of extractive material, or

  • (b)

    an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on.

extractive material means sand, gravel, clay, turf, soil, rock, stone or any similar substance.

fire protection zone means an area around a dwelling house which includes the following—

  • (a)

    a fuel-free zone adjacent to the dwelling house,

  • (b)

    access for vehicles around the dwelling house,

  • (c)

    a fuel-reduced zone outside the vehicle access area.

forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation (otherwise than in a sawmill) of wood and other forest products and the establishment of roads required for the removal of wood and forest products or for forest protection.

gross floor area means the total floor area of a building measured to the inner face of the external walls. It is not to include areas occupied by lift motor and plant rooms, stairwells, verandahs and balconies or the area of any car parking spaces and loading bays.

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 an 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 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.

health care professional means a person who provides professional health services to members of the public, and includes—

  • (a)

    a podiatrist registered under the Podiatrists Act 1989, and

  • (b)

    a chiropractor or osteopath or a chiropractor and osteopath, registered under the Chiropractors and Osteopaths Act 1991, and

  • (c)

    a physiotherapist registered under the Physiotherapists Registration Act 1945, and

  • (d)

    an optometrist registered under the Optometrists Act 1930, and

  • (e)

    any other person professionally registered, pursuant to an Act, to dispense health care.

helipad means an area or place not open to public use which is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use for use by helicopters, whether or not it also includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

heritage conservation area means an area of land shown edged with a heavy black broken line on the map and includes buildings, works, relics, trees or places situated on or within that land. Heritage conservation areas are also listed in Part 2 of Schedule 1.

Heritage Council means the Heritage Council of New South Wales constituted under the Heritage Act 1977.

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

heritage item means—

  • (a)

    a building, work, archaeological site, tree or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Part 1 of Schedule 1 and shown edged heavy black on the map, or

  • (b)

    a place specified in an inventory of heritage items available at the office of the Council and described in the inventory as a place of Aboriginal heritage significance.

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

home activity means a use that is carried on by the permanent residents of a dwelling in the dwelling, or in a building with a floor area not greater than 30 square metres that is erected on the same lot as the dwelling, but which does not involve—

  • (a)

    interference with the amenity of the neighbourhood 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, or

  • (b)

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

  • (c)

    the display of goods or materials in a window or otherwise, or

  • (d)

    the display of any advertisement or advertising structure other than an advertisement displayed on an advertising structure indicating the name and occupation of the residents, or

  • (e)

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

  • (f)

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

  • (g)

    the use of the site for the purposes of prostitution.

hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to people admitted as inpatients, whether or not outpatients are also cared for or treated there and may include—

  • (a)

    a nursing home, and

  • (b)

    ancillary facilities for accommodation of staff and visitors, and

  • (c)

    associated educational or research facilities.

hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982 and includes a tavern.

industrial machinery showroom means a building or place used for the display for sale, lease or hire of motor vehicles (other than cars or motor cycles) and associated machinery used in primary or secondary industry.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes.

institution means—

  • (a)

    a building used wholly or principally as a home or other establishment for developmentally disabled persons, or

  • (b)

    a hospital within the meaning of the Mental Health Act 1990, or

  • (c)

    a penal or reformative establishment.

integrated housing development means development which includes subdivision and which results in—

  • (a)

    there being two or more dwellings, each on a separate lot, and

  • (b)

    the average area of all of those separate lots with dwellings being 350 square metres or greater.

intensive horticulture means the use of land to grow a commercial crop of plants, trees or fungi, whether under cover or in the open using any of the following—

  • (a)

    hydroponics,

  • (b)

    sprinkler systems,

  • (c)

    artificial housing,

  • (d)

    crop protection structures,

  • (e)

    market gardening,

  • (f)

    orcharding,

  • (g)

    the growing of field flowers,

but does not include the growing of produce solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land on which they are grown.

intensive livestock keeping means the use of land for keeping and nurturing cattle, sheep, goats, poultry or other livestock by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes the use of land for—

  • (a)

    feed lots,

  • (b)

    piggeries,

  • (c)

    poultry farms,

  • (d)

    the farming of fish (including crustaceans),

but does not include the use of land for an animal boarding or training establishment or the use of land for the keeping of livestock intended solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land.

junk yard means a building or place used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storing, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of them.

landscape supply establishment means a building or place used for both the storage and sale of a range of materials used for landscaping purposes.

liquor store means a building or place specified in a licence to sell liquor granted under the Liquor Act 1982, but does not include a hotel.

local market means a place used for a market by or for a community group or merchants’ association.

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

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal, natural gas or mineral by any mode or method, and includes any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

motel means a building or buildings used for the short-term accommodation of travellers, whether or not the building or buildings are also used for the provision of meals to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories for motor vehicles, caravans or boats are also sold or displayed there.

motor vehicle body repair workshop means a building or place used for the repair of motor vehicles or agricultural machinery involving body building, panel beating or spray painting.

motor vehicle repair station means a building or place used for—

  • (a)

    the selling or fitting of accessories to, or

  • (b)

    the repair, other than body building, panel beating or spray painting, of,

motor vehicles or agricultural machinery.

motor vehicle spare parts and accessories outlet means a building or place used for the storage, display and sale of motor vehicle spare parts and accessories, which has more than 50 per cent of its floor space used as—

  • (a)

    fitting bays, or

  • (b)

    spare parts storage to which the public is not admitted, or

  • (c)

    fitting bays and spare parts storage to which the public is not admitted.

multi dwelling housing means development involving the erection of three or more dwellings on a site, each with separate access from the ground floor.

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 an 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 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.

place of Aboriginal heritage significance means—

  • (a)

    a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

  • (b)

    a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a religious establishment, an institution or a school.

plant hire means a building or place used for the purpose of hire of builders’ and handypersons’ tools, plant and equipment and the service and maintenance of such machinery.

potential archaeological site means a site which, in the opinion of the consent authority, has the potential to be an archaeological site.

potential place of Aboriginal heritage significance means a place—

  • (a)

    that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential place of Aboriginal heritage significance, or

  • (b)

    that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.

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.

professional consulting rooms means a room or a number of rooms forming either the whole or part of a dwelling or attached to or within the curtilage of a dwelling house and used by not more than three legally qualified medical practitioners, or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practise there the profession of medicine, dentistry or health care, respectively, and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.

prostitution means the provision of a sexual act or sexual service in return for payment or reward.

public building means a building used as offices or for administration or other like purposes by the Crown, a statutory body, the Council or an organisation established for public purposes.

public utility undertaking means any undertaking carried on in pursuance of any Commonwealth or State Act for the purpose of—

  • (a)

    railway, road, water or air transport, wharf or river undertakings, or

  • (b)

    the provision of sewerage or drainage services, or

  • (c)

    the supply of water, hydraulic power, electricity or gas,

  • (d)

    (Repealed)

and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

real estate sign means an advertisement in respect of a place or premises to which it is affixed which contains only a notice that the place or premises is for sale or letting, together with particulars of the 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, or

  • (b)

    an area used for sporting activities or sporting facilities, or

  • (c)

    an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—

    • (i)

      the Council, or

    • (ii)

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

but does not include a racecourse or a showground.

recreation establishment means a health farm, religious retreat house, rest home, youth camp and the like, but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule.

recreation facility means a building or place used for sporting, recreation or leisure activities whether or not operated for the purpose of gain, but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule.

refreshment room means a building or place used principally to provide food for people to consume in that building or place, and includes a reception centre or a function facility.

relic means—

  • (a)

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

  • (b)

    any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the City of Campbelltown.

religious establishment means a building or place used primarily for the purpose of religious worship, instruction or training, whether or not it is also used for ancillary purposes such as counselling, recreation or social events, and includes any building or place formerly described or granted consent as a place of public worship.

renovation, in relation to a building or work, means—

  • (a)

    the making of structural changes to the inside or outside of the building or work,

  • (b)

    the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

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

residential flat building means a building containing two or more dwellings which achieve access from shared foyers, halls or stairways.

retail plant nursery means a building or place used for both—

  • (a)

    the growing and retail selling of plants, and

  • (b)

    the retail selling of plant and garden accessories.

retail plant propagation nursery means a building or place used for the purpose of growing plants and the retail sale of plants, but not for the retail sale of plant or garden accessories.

road means a public thoroughfare used for the passage of vehicles, pedestrians or animals.

roadside stall means a building or place, not exceeding 20 square metres in floor space or area, respectively, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.

rural industry means handling, treating, processing or packaging primary products, and includes the servicing in a workshop of plant and equipment used for rural purposes in the locality.

service station means a building or place used for the fuelling of motor vehicles, the sale by retail of petrol, oil and other petroleum products, the ancillary sale of a limited range of food items for the convenience of patrons, and also used for any one or more of the following—

  • (a)

    the sale by retail of spare parts and accessories for motor vehicles,

  • (b)

    the washing and greasing of motor vehicles,

  • (c)

    the installation of accessories for motor vehicles,

  • (d)

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

shop means a building or place used for the selling, whether by retail or auction, or hiring of or displaying for the purpose of the selling or hiring of items (whether goods or materials), but (in Part 2) does not include a building or place elsewhere specifically defined in this Schedule.

storage establishment means a building or place used principally for the storage of goods, materials or products and includes facilities for the loading and unloading of vehicles carrying those goods, materials or products, but (in Part 2) does not include a road transport terminal.

temporary sign means an advertisement of a temporary nature—

  • (a)

    which announces any local event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and

  • (b)

    which does not include advertising of a commercial nature other than the name or names of the event’s sponsor,

that is not displayed earlier than 28 days before the day on which the event is to take place and is removed within 14 days after the event.

the Act means the Environmental Planning and Assessment Act 1979.

the City of Campbelltown means all land within the Campbelltown City local government area.

the Council means the Council of the City of Campbelltown.

the map means the map marked “Campbelltown (Urban Area) Local Environmental Plan 2002”, as amended by the maps (or sheets of maps) marked as follows—

Editorial note—

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

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 1)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 2)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 3)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 6)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 7)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 8)—Sheets 1–3

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 9)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 12, Sheets 1–3 and, subject to clause 64, Sheet 4

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 14)—Sheet 1

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 15)—Sheets 1–3

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 17)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 18)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 20)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 22

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Amendment No 23)—Sheet 1

  • Campbelltown (Urban Area) Local Environmental Plan 2002 Amendment No 24

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Environmental Planning and Assessment Act 1979—Section 75R (3A) Order 2013)

  • Campbelltown (Urban Area) Local Environmental Plan 2002 (Environmental Planning and Assessment Act 1979—Section 75R (3A) Order 2013)—Claymore Urban Renewal Project

towing service means a building or place from which a business involving the towing or carriage of motor vehicles is conducted, whether or not the towing or carrying, or the towed or carried vehicles, are parked, stored or serviced in that building or at that place.

transport terminal means any building or place used for the assembly and dispersal of passengers or goods.

tree means a perennial plant with a self-supporting woody stem which has a spread of more than 3 metres or a height of more than 3 metres.

utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

veterinary clinic means a room or a number of rooms forming part of, attached to or within the curtilage of a dwelling house and used by not more than one legally qualified veterinarian who resides in the dwelling house and practises in it the profession of veterinarian and employs not more than one employee in connection with that practice.

veterinary establishment means a building or place used for the medical or surgical treatment of animals.

warehouse means a building or place used for the storing, handling and subsequent distribution of goods, materials or merchandise, but (in Part 2) does not include a shop or other building or place elsewhere specifically defined in this Schedule.

waterway means any river, creek, watercourse or drainage line or part of any river, creek, watercourse or drainage line to which this plan applies.

wholesale plant nursery means a building or place used for both the growing and wholesaling of plants.

zone means a classification of land shown on the map by distinctive colouring, edging or lettering.

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