Coolamon Local Environmental Plan 1995 (Amendment No 2) (2004-774) [GG No 187 of 26.11.2004, p 8665] (NSW)
2004 No 774
| New South Wales |
Coolamon Local Environmental
Plan 1995 (Amendment No 2)
under the
Environmental Planning and Assessment Act 1979
I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (Q00/00087/PC Pt1)
DIANE BEAMER, M.P.,
Minister Assisting the Minister for Infrastructure and
Planning (Planning Administration)
| Published in Gazette No 187 of 26 November 2004, page 8665 | Page 1 |
| [20] | |
| 2004 No 774 |
| Clause 1 | Coolamon Local Environmental Plan 1995 (Amendment No 2) |
Coolamon Local Environmental Plan 1995
(Amendment No 2)
1 Name of plan
This plan is Coolamon Local Environmental Plan 1995 (Amendment
No 2).
2 Aims of plan
This plan aims to amend Coolamon Local Environmental Plan 1995, in relation to the land referred to in clauses 12, 13 and 17 of that plan, to amend the land areas in Zone No 1 (a) (the General Rural zone) and to introduce updated provisions for environmental heritage for Coolamon.
This plan also remedies a patent error in the description of the land to which the 1995 plan applies.
3 Land to which plan applies
This plan applies to land in Zone No 1 (a) (General Rural) and land on which an existing or new heritage item is situated or that is an existing or new heritage conservation area. New heritage items and heritage conservation areas are shown in black on the map marked “Coolamon Local Environmental Plan 1995 (Amendment No 2)” deposited in the office of the Coolamon Shire Council.
4 Amendment of Coolamon Local Environmental Plan 1995
Coolamon Local Environmental Plan 1995 is amended as set out in
Schedule 1.
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 2 Aims, objectives etc
Omit clause 2 (a) (v). Insert instead:
(v) the environmental heritage of the Coolamon local government area, and
[2] Clause 3 Land to which this plan applies
Omit “area within Coolamon Shire Council as shown on the map,”. Insert instead “land within the local government area of Coolamon”.
[3] Clause 5 Definitions
Insert at the end of the definition of the map in clause 5 (1):
Coolamon Local Environmental Plan 1995 (Amendment No 2)
[4] Clause 5 (1)
Omit the definitions of conservation plan, demolition, heritage conservation area, heritage item, heritage significance, maintenance and relic.
[5] Clause 5 (1)
Insert the following in alphabetical order:
archaeological site means the site of one or more relics.
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.
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.
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
heritage conservation area means an area of land that is shown on the map as a heritage conservation area and includes buildings, works, archaeological sites, trees and places situated on or within the land.
heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, 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 building, work, archaeological site 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 Schedule 1.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. 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.
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. |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
potential archaeological site means a site:
| (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 archaeological significance, or |
| (b) | that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified. |
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. |
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 Coolamon local government area 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 Coolamon local government area. |
[6] Clause 9 Zone objectives and development control table
| Omit item 1 (a) (viii) from the matter relating to Zone No 1 (a) in the Table. Insert instead: |
(viii) the environmental heritage of the Coolamon local government area,
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
[7] Clause 12 Subdivision for the purposes of agriculture in Zone No 1 (a)
Omit “100 hectares” from clause 12 (2). Insert instead “200 hectares”.
[8] Clause 13 Subdivision for the purposes of dwelling-houses in Zone No 1 (a)
Omit “100 hectares” from clause 13 (b). Insert instead “200 hectares”.
[9] Clause 17 Dwellings in Zone No 1 (a)—vacant land
Omit “100 hectares” from clause 17 (1) (a). Insert instead “200 hectares”.
[10] Clauses 22–28
Omit the clauses. Insert instead:
22 Heritage aims and objectives
The objectives of this plan in relation to heritage are:
| (a) | to conserve the environmental heritage of the Coolamon local government area, and |
| (b) | to conserve the existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and |
| (c) | to ensure that archaeological sites and places of Aboriginal heritage significance are conserved, and |
| (d) | to ensure that the heritage conservation areas throughout the Coolamon local government area retain their heritage significance. |
23 Protection of heritage items and heritage conservation areas
(1) The following development may be carried out only with development consent:
| (a) | demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, |
| (b) | altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric or finish, |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
| (c) | altering a heritage item by making structural changes to its interior, |
| (d) | disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, |
| (e) | moving the whole or a part of a heritage item, |
| (f) | erecting a building on, or subdividing, land on which a heritage item is located or that is within a heritage conservation area. |
| (2) | Development consent is not required by this clause if: | |
|
(i) the proposed development is of a minor nature or consists of maintenance of a heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and
(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and
| (b) | the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan. |
(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:
| (a) | the creation of a new grave or monument, |
| (b) | an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers. |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
| (4) | Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. | |
| (5) | The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant a consent under this clause until it has considered a conservation management plan if it considers the development proposed should be assessed with regard to such a plan. | |
| (6) | The minimum number of issues that must be addressed by the heritage impact statement are: | |
|
(i) the heritage significance of the item as part of the environmental heritage of the Coolamon local government area, and
(ii) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and
(iii) the measures proposed to conserve the heritage significance of the item and its setting, and
(iv) whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and
(v) the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and
| (b) | for development that would be carried out in a heritage conservation area: | |||
|
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
(iii) the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and
(iv) the measures proposed to conserve the significance of the heritage conservation area and its setting, and
(v) whether any landscape or horticultural features would be affected by the proposed development, and
(vi) whether any archaeological site or potential archaeological site would be affected by the proposed development, and
(vii) the extent to which the carrying out of the proposed development in accordance with the consent would affect any historic subdivision pattern, and
(viii) the issues raised by any submissions received in relation to the proposed development in response to the notification or advertising of the application.
24 Development in the vicinity of heritage items
(1) Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.
|
| (a) | that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing it, or |
| (b) | that may undermine or otherwise cause physical damage to a heritage item, or |
| (c) | that will otherwise have an adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated. |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
(3) The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.
(4) The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.
25 Advertised development for heritage items
The following development is identified as advertised development:
| (a) | the demolition of a heritage item or a building, work, relic, tree or place in a conservation area, |
(b) the carrying out of development allowed by clause 29. Before granting consent for the demolition of a heritage item identified as being of State significance, the consent authority must notify the Heritage Council about the application and take into consideration any comments received in response within 28 days after the notice is sent.
26 Notice of demolition to the Heritage Council
27 Development affecting places or sites of known or potential Aboriginal heritage significance
Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal significance, the consent authority must:
| (a) | consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and |
| (b) | except where the proposed development is integrated development, notify the local Aboriginal communities (in such way as it thinks appropriate) and the Director- |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
General of National Parks and Wildlife of its intention to do so and take into consideration any comments received in response within 28 days after the relevant notice is sent.
28 Development affecting known or potential archaeological sites of relics of non-Aboriginal heritage significance
|
| (a) | consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and |
| (b) | notify the Heritage Council of its intention to do so and take into consideration any comments received in response within 28 days after the notice is sent. |
| (2) | This clause does not apply if the proposed development: | |||
|
29 Conservation incentives
The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:
| (a) | it is satisfied that the retention of the heritage item depends on the granting of the consent, and |
| (b) | the proposed use is in accordance with a conservation management plan that has been endorsed by the consent authority, and |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
| (c) | the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and |
| (d) | the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and |
| (e) | the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent. |
30 Development in heritage conservation areas
|
| (a) | the pitch and form of the roof (if any), |
| (b) | the style, size, proportion and position of the openings for windows or doors (if any), |
| (c) | the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building. |
31 Access
A person, other than the Council, must not construct a road that has access to a public road except with the consent of the Council.
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
[11] Schedule 1
Omit the Schedule. Insert instead:
|
| Description | Address | Lot and DP |
| Ardlethan | ||
| Old Bank of New South | 28 Ariah Street | Lot 20 Section 1 |
| Wales | DP 758028 | |
| Catholic Presbytery | Cnr Mithul and Park | Lot 1 DP 1003673 |
| Streets | ||
| London Hotel | 12 Mirrool Street | Lot 1 Section 3 DP 5822, Part Lots 2–3 Section 3 |
| DP 5822 | ||
| Beckom | ||
| Beckom Hotel | Cnr Ariah and Deakin | Lot 1 DP 110570 |
| Streets | ||
| Coolamon | ||
| Old Coolamon Hospital | 58 Cowabbie Street | Lot 1 Section 25 DP 758277, Lot 4 DP 337903 |
| Coolamon Hotel | Cnr Wade and Cowabbie | Lot 1 DP 626087, Lot 10 |
| Streets | Section 21 DP 758277 | |
| Coolamon Shire Hall | 51–55 Cowabbie Street | Lots 9 and 10 Section 26 DP 758277 |
| Cowabbie Street Park | Cowabbie Street | Part of Road Reserve, Cowabbie Street, Coolamon (between Loughnan and Mann Streets) |
| Old General Store (Up- | 127–129 Cowabbie | Lot 6 Section 9 |
| To-Date Store) | Street | DP 758277 |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
| Description | Address | Lot and DP |
| St Michael’s Roman | Methul Street | Lot 6 Section 20 |
| Catholic Church | DP 758277 | |
| Coolamon RSL | Loughnan Street | Lot 2 DP 224841 |
| Coolamon Railway | Wade Street | Railway land adjacent to |
| Station | Lot 1 DP 807823 | |
| Bank of New South | 130 Cowabbie Street | Part Lot 1 Section 15 |
| Wales | DP 758277 | |
| Vacant | 126–128 Cowabbie | Lot 11 DP 827368 |
| Street | ||
| CWA Rooms | 124 Cowabbie Street | Part Lot 2 Section 15 DP 758277 |
| CBC Bank | 120 Cowabbie Street | Part Lot 2 Section 15 DP 758277 |
| Old Curtis Building | 116 Cowabbie Street | Lot A DP 101285 |
| Commins Hendriks | 116 Cowabbie Street | Lot B DP 101285, Part Lot C DP 101285 |
| Treats and Treasures | 114 Cowabbie Street | Lot 1 DP 900302 |
| Vacant | 110 Cowabbie Street | Lot 1 DP 515681 |
| Ganmain Gear | 108 Cowabbie Street | Lot 1 DP 313108 |
| Twomey Patterson | 106 Cowabbie Street | Lot 3 DP 662499 |
| Accountants | ||
| Vacant | 104 Cowabbie Street | Lot 1 DP 592016 |
| Hairdresser | 102 Cowabbie Street | Lot 2 DP 592016 |
| Craft Shop | 100B Cowabbie Street | Lot A DP 374859 |
| Craft Shop | 98 Cowabbie Street | Lot 1 DP 717272 |
| School of Arts | 96 Cowabbie Street | Part Lot 4 Section 15 DP 758277 |
| Royal Tavern | 90 Cowabbie Street | Lot 5 Section 15 DP 758277 |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
| Description | Address | Lot and DP |
| Old Wool Store | 125 Cowabbie Street | Lot B DP 332315 |
| Old Wool Store | 123 Cowabbie Street | Lot A DP 332315 |
| Vacant, Real Est., | 117–121 Cowabbie | Lot 10 DP 662482 |
| Vacant | Street | |
| Bakery, Newsagent, | 115 Cowabbie Street | Lot 91 DP 790341 |
| Vacant Block | ||
| Cobbers Cafe | 109 Cowabbie Street | Lot 92 DP 790341 |
| Butcher | 107 Cowabbie Street | Lot 1 DP 236175 |
| Coolamon Confectionery | 105 Cowabbie Street | Lot 2 DP 236175 |
| Pharmacy | 103 Cowabbie Street | Lot 3 DP 236175 |
| Fruit and Veg | 101 Cowabbie Street | Lot 1 DP 908058 |
| Hardware | 97 Cowabbie Street | Part Lot 8 Section 16 DP 758277 |
| Coolamon Ag. Centre | 95 Cowabbie Street | Lot 1 DP 929994 |
| Vacant | 93 Cowabbie Street | Lot 10 DP 866258 |
| Wagga District Real | 91 Cowabbie Street | Lot 11 DP 866258 |
| Estate | ||
| Supermarket | 87 Cowabbie Street | Lot 1 DP 983895 |
| Craft Shop | 85 Cowabbie Street | Lot A DP 330492 |
| Nursery | 83 Cowabbie Street | Lot B DP 330492 |
| Vacant | 81 Cowabbie Street | Lot 6 DP 662480 |
| Vacant Block | 79 Cowabbie Street | Lot 1 DP 176660 |
| Ganmain | ||
| Royal Hotel | 27 Waterview Street | Lot 14 Section 11 DP 758428 |
| Ganmain Hotel | Cnr Lake and Ford | Lot 1 DP 217741 |
| Streets |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
| Description | Address | Lot and DP |
| Presentation Convent | 43 Langham Street | Lot 8 Section 19 DP 758428 |
| St Brendans Catholic | 43 Langham Street | Lot 9 Section 19 |
| Church | DP 758428 | |
| St Brendans Catholic | 43 Langham Street | Lot 10 Section 19 |
| Presbytery | DP 758428 | |
| St Brendans Infants and | Langham Street | Lots 1–5, 10–14 |
| Primary School | Section 20 DP 758428 | |
| Uniting Church | 51–53 Langham Street | Lot 6 Section 19 DP 758428 |
| Old Red Cross Building | Ford Street | Lot A DP 365239 |
| Coolamon Shire Council | Ford Street | Lot B DP 365239 |
| (vacant) | ||
| Garage | Ford Street | Lot 1 DP 302890, Lot 1 DP 356889, Lot 16 DP 662665 |
| Senior Citizens Rooms | Ford Street | Lot 1 DP 20220 |
| 77–79 Ford Street | Lot 2 DP 20220 | |
| Ford Street | Lot 3 DP 20220 | |
| 85 Ford Street | Lot 4 DP 20220 | |
| Ford Street | Lot 5 DP 20220 | |
| 91 Ford Street | Lot 13 Section 35 DP 758428 | |
| Post Office | Ford Street | Lot 1 DP 91841 |
| Newsagent | Ford Street | Lot 1 DP 184488, Lot B DP 317457, Lot 1 DP 331395, Lot 11 DP 667723 |
| Sweeneys | Ford Street | Lot 1 DP 319339, Lot 1 DP 324463 |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Amendments | Schedule 1 |
| Description | Address | Lot and DP |
| Bakery | 105 Ford Street | Lot A DP 317457, Lot 1–2 DP 726592 |
| Old Bank of New South | Ford Street | Part Lots 9 and 10 |
| Wales | Section 35 DP 758428 | |
| Ganmain Hall | Ford Street | Lot 2 DP 217741 |
| Rural Transaction Centre | Ford Street | Lot 7 DP 3786 |
| Solicitors | Ford Street | Part Lot 8 DP 3786 |
| Kellys | Ford Street | Part Lot 8 DP 3786 |
| Ganmain Literary | 80 Ford Street | Lot 9 DP 3786 |
| Society | ||
| Kellys | Ford Street | Lot 1 DP 539212 |
| Kellys | Ford Street | Lot 2 DP 539212 |
| Meakers Store | Waterview Street | Lot 13 Section 11 DP 758428 |
| Residence | 46 Waterview Street | Lot 3 Section 35 DP 758428 |
| Ganmain Historical | Waterview Street | Lot 2 Section 35 |
| Society | DP 758428 | |
| Ganmain Historical | Waterview Street | Lot 2 DP 229322 |
| Society | ||
| Old Butchery | 38 Waterview Street | Lot 1 DP 229322 |
| Vacant | 26–28 Langham Street | Lot 3 Section 11 DP 758428 |
| Matong | ||
| Farmers Home Hotel | Cnr Matong and | Lots 4 and 5 Section 6 |
| Deepwater Streets | DP 758657 |
2004 No 774
Coolamon Local Environmental Plan 1995 (Amendment No 2)
| Schedule 1 | Amendments |
| Description | Address | Lot and DP |
| Marrar | ||
| Dundee Motors | 1–3 York Street | Lots 1 and 2 Section 3 DP 758650 |
| Vacant | 5 York Street | Lot 2 DP 614164 |
| Marrar Ag Centre | 7 York Street | Lot 1 Section 3 DP 614164 |
| Lalic Automotive | 9 York Street | Lot 2 DP 112691 |
| Marrar Hotel | 11–13 York Street | Lot 1 DP 112691, Lot 1 DP 186712 |
BY AUTHORITY
0
0
0