Dubbo Local Environmental Plan 1998—Urban Areas (NSW)

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Part 1Introduction1Name of plan

This plan is Dubbo Local Environmental Plan 1998—Urban Areas.

2Land to which this plan applies

This plan applies to all land within the local government area of the City of Dubbo shown on the Zoning Map.

3Aims and objectives(1)

The aim of this plan is to implement the conclusions of the environmental study prepared for the urban areas of Dubbo known as the Urban Development Strategy, dated December 1996 and adopted by the Council on 16 December 1996, and the 1994–1997 Dubbo State of the Environment Reports. The Strategy is based on the principles contained in the Dubbo 21 Plan (dated 1995) which provides an economic blueprint to guide the growth of the City into the 21st century.

(2)

The objectives of this plan are derived from the Urban Development Strategy (dated December 1996), the 1994–1997 Dubbo State of the Environment Reports and subsequent legislation, and are as follows:

Sustainability Objective

To ensure that all forms of new urban development conform to the principles of ecologically sustainable development and do not exceed the servicing capacity of the land on which the development is carried out.

Development Opportunity Objectives

Urban development

To facilitate the Dubbo 21 Plan vision for the City by ensuring the supply of suitable residential, commercial, industrial, institutional and recreational land within a well integrated expanded urban land use framework.

Residential

To satisfy the residential land supply needs of the growing Dubbo population so as to provide a range of lifestyle choices competitive with other cities.

To achieve a City structure which centralises the central business district (CBD) by shifting the future residential locational emphasis to West Dubbo over time.

To identify and protect the established residential neighbourhoods and ensure a sufficient supply of suitable land to meet the future residential development needs of the City.

Commercial

To ensure the CBD remains the primary commercial centre for Dubbo and the Region.

To maintain and enhance a healthy, diverse and adaptable commercial sector in Dubbo, able to effectively service the commercial needs of the City and the Region.

To protect and enhance the existing network of retailing centres, the distinctive functions of each level in the hierarchy and the particular role of each centre.

Tourism

To encourage an expanded tourism industry in Dubbo.

Industrial

To ensure supply and a range of suitable industrial land with appropriate infrastructure for the implementation of the Dubbo 21 Plan (Industrial Development Strategies).

Mining

To allow mines and extractive industries and to prevent the sterilisation of resources.

Institutions

To provide the most favourable environment for the establishment and operation of medical, educational, cultural and research institutions appropriate to the City and the Region.

Recreation

To provide high quality open space for recreation to meet the widest practicable range of active and passive recreational needs and expectations of the local and regional community.

Cultural heritage

To identify and protect the cultural and architectural heritage of the City and assist in its promotion as a tourism asset.

Rural buffer

To protect agricultural enterprises in the adjoining rural area from encroachment and restraint on their operations due to conflict with urban amenity expectations.

Environmental Management Objectives

Erosion

To prevent the spread of erosion and remedy existing areas of erosion.

Salinity

To reduce the spread of urban salinity.

Contamination of land

To minimise potential contamination of land and to control existing contamination of land.

Waterways

To ensure safe, sustainable and multifunctional riverine environments.

Aquifers

To protect and improve water levels and water quality in aquifers.

Stormwater quality

To ensure urban stormwater is appropriately managed and water quality of river systems is not diminished.

Wildlife habitats

To protect existing wildlife habitats and achieve a network of habitats and corridors able to support the flora and fauna native to the area of the City of Dubbo.

Bushfire

To protect life, property and the environment from bushfire hazards by discouraging the establishment of incompatible land uses in bushfire prone areas and to encourage sound management of bushfire prone areas.

Noise and air pollution

To ensure noise and air pollution are maintained within acceptable environmental limits.

Wetlands

To allow for water distribution to and from flood-dependent environments.

Flooding

To manage the flood plain so as to minimise the disruption and hazard of flooding to people and the environment.

4Relationship to other environmental planning instruments(1)

This plan repeals Dubbo Local Environmental Plan 1991—Urban Lands, Dubbo Local Environmental Plan 1990—Central District and the Dubbo and Talbragar Planning Scheme Ordinance.

(2)

Orana Regional Environmental Plan No 1—Siding Spring prevails to the extent of any inconsistency between that plan and this plan.

5Definitions(1)

Words used in this plan that are defined in the dictionary in Schedule 1 have the meanings set out in the dictionary.

(2)

In this plan, a reference to a map is to a map held in the office of the Council.

(3)

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

6Consent authority

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

Part 2Provisions applicable to all zones7Environmental management

All applications for consent for development must be assessed with regard to the Principles of Ecologically Sustainable Development in terms of land, air and water resources, biodiversity, and waste and noise matters.

In assessing proposals for any development of land, specific regard must be given to each of the environmental management objectives of this plan.

In giving regard to each objective, the consent authority must consider the best information available to the consent authority at the time, which may include any relevant management plans or policies adopted by the Council, as well as the following specific considerations:

  • (1)

    in relation to soil erosion—whether the proposal involves clearing the land or other disturbance to the land, and the likelihood of soil erosion or other instability given any measures taken by the developer to ameliorate that potential impact,

  • (2)

    in relation to salinity—whether there is potential for the development to cause or exacerbate any outbreaks of salinity,

  • (3)

    in relation to contamination—whether there is potential for the land to be contaminated, given the known history of the use of the land or its location in the vicinity of land which may be contaminated and the potential for the proposed use to cause contamination,

  • (4)

    in relation to waterways—whether there is potential for degradation of water quality or quantity or destabilisation of waterways,

  • (5)

    in relation to aquifers—whether the land is vulnerable to groundwater contamination as identified on the map labelled “Dubbo Groundwater Vulnerability Map” dated February 1996 and held in the offices of the Council and the potential of the development to affect water levels or quality in the aquifer,

  • (6)

    in relation to stormwater quality—whether there is potential for degradation of the quality of stormwater discharges, given any stormwater quality control measures proposed by the developer,

  • (7)

    in relation to wildlife habitats—whether there is a conservation plan and, if so, its contents, and the likely effect of the development on threatened species, populations or habitats or areas identified by the Council as potential habitat,

  • (8)

    in relation to wetlands—whether there is potential for the development to alter the quality or quantity of water flowing into, within or out of a wetland or the level, frequency or duration of wetland inundation,

  • (9)

    in relation to bushfire—whether there is potential bushfire hazard by reason of the vegetation on the land or on any adjacent land and the nature of the development,

  • (10)

    in relation to waste—the content of the Council’s Liquid Trade Waste Policy (as amended from time to time) and proposals to dispose of solid waste,

  • (11)

    in relation to noise pollution—whether there is potential for the development to degrade the environment in terms of noise generation,

  • (12)

    in relation to air pollution—whether there is potential for the development to degrade the air quality of the environment.

8Flood prone land(1)

Consent may be granted to development for the purposes of emergency services, emergency facilities, emergency operation centres or the like that, in the opinion of the consent authority, are essential in times of major flooding, but only in a location where the consent authority is satisfied that they will be fully operational during a probable maximum flood.

(1A)

Consent may be granted to development for the purposes of essential infrastructure, such as water supply, sewerage, telephones, electricity and the like, but only in a location where the consent authority is satisfied that the infrastructure will be fully operational during a probable maximum flood.

(1B)

Despite subclause (1A), consent may be granted to development for the purposes of such essential infrastructure in any other location, but only if, in the opinion of the consent authority:

  • (a)

    it is not practicable for the infrastructure to be in a location referred to in subclause (1A), and

  • (b)

    the design and construction of the infrastructure will render the infrastructure flood proof or will ensure that services can be easily restored after a flood.

(2)

Consent must not be granted for development on land that is below the Flood Planning Level, unless the consent authority is satisfied that the carrying out of the development is unlikely to significantly:

  • (a)

    impede the flow of floodwater, or

  • (b)

    imperil the safety of persons on land inundated by floodwaters, or

  • (c)

    exacerbate the adverse consequences of floodwaters flowing on the land with regard to erosion, siltation and the destruction of vegetation, or

  • (d)

    have an adverse effect on riverbank stability, or

  • (e)

    increase the level or flow of floodwaters over the land or over adjacent land, or

  • (f)

    increase dependency on emergency services,

and the consent authority has considered the consequences of all floods up to the magnitude of the Probable Maximum Flood on access and evacuation routes servicing the land, particularly from the perspective of the risk of entrapment and the danger to life of the entrapped and their rescuers.

(3)

Consent must not be granted to the development of land below the Flood Planning Level unless the consent authority has taken into consideration:

  • (a)

    the provisions of any manual for the management of flood liable land, the publication of which has been notified in the Gazette under section 733 (5) of the Local Government Act 1993, and

  • (b)

    the relevant characteristics of flooding known to the consent authority, and

  • (c)

    the requirements of the Council’s floodplain management plan.

8ABushfire protection(1)

This clause applies to the following land:

  • (a)

    all land identified as bushfire prone land on the bush fire prone land map,

  • (b)

    land taken to be bushfire prone land under clause 42 of Schedule 6 to the Act,

  • (c)

    land that, in the opinion of the consent authority, is prone to bushfire.

(2)

The consent authority must not grant consent to development on land to which this clause applies unless the consent authority is satisfied that:

  • (a)

    there is no significant threat to the lives of residents, visitors or emergency services personnel that may be created or increased as a result of the development or the access arrangements to and from the development, and

  • (b)

    the measures adopted in relation to the development to avoid or mitigate the threat of bushfire (including the siting of the development, design of structures and materials used, clearing of vegetation, fuel reduced areas and landscaping and fire control aids, such as roads and water supplies) are adequate for the locality and will not result in unacceptable or unsustainable environmental impacts, and

  • (c)

    the development will not cause any significant increase in demand for emergency services during bushfire events that would decrease the ability of emergency service personnel to effectively control major bushfires, and

  • (d)

    the development is unlikely to have a significant adverse effect on the implementation of strategies for bushfire control or fuel management adopted by the Council.

9Development along Transport Corridors(1)

This clause applies to land adjacent to, or within 200 metres of, land described as a Transport Corridor, being land that is:

  • (a)

    within Zone 1 (b) or Zone 2 (c) as shown on Sheet 1, or

  • (b)

    identified on Sheet 2,

of the Zoning Map.

(2)

The consent authority must not grant consent to development of land to which this clause applies unless it is satisfied that:

  • (a)

    one of the following applies:

    • (i)

      the access to the land concerned is from another road (that is not a Transport Corridor), and that access is at least 90 metres from the centre line of the road that is a Transport Corridor,

    • (ii)

      the development will not prejudice future improvements to, or realignment of, any relevant classified road, as may be indicated to the Council from time to time by the Roads and Traffic Authority, and

  • (b)

    (Repealed)

  • (c)

    the development, by its nature or intensity or the volume and type of traffic likely to be generated by it, is not likely to constitute a traffic hazard or to materially reduce the capacity, safety and efficiency of any relevant classified road to carry traffic, and

  • (d)

    the location, standard and design of access points, and on-site arrangements for vehicle movement and parking, ensure that through traffic movements on any relevant classified road will not be impeded, and

  • (e)

    the visual impact of the proposed development is minimal, given any measures proposed to ameliorate the impact, and

  • (f)

    the land comprises a lot that has access to a Transport Corridor and was lawfully created by a subdivision, the consent for which was granted before the appointed day.

(3)

The consent authority must not consent to the erection of a residential building within 200 metres of a Transport Corridor, or a non-residential structure within 100 metres of a Transport Corridor, on land within Zone 1 (b), 2 (d) or 2 (e).

(4)

Despite subclause (3), the consent authority may consent to development referred to in that subclause where it can be clearly demonstrated that this will not result in a detrimental impact on any of the following:

  • (a)

    the efficiency of the Transport Corridor,

  • (b)

    the visual quality of the locality,

  • (c)

    the attainment of any of the objectives of the zone,

  • (d)

    the use for which the building or other structure is intended,

and the design and location of the building or other structure meet any relevant Environment Protection Authority noise requirements.

10Development near Dubbo Airport(1)

The consent authority must not grant consent for the carrying out of development on land shown as subject to obstacle limitations on the map entitled “Dubbo Airport—Obstacle Limitation Surfaces” dated 26 August 1997, unless it has made an assessment of:

  • (a)

    the effect of aircraft noise on the development, and

  • (b)

    the effect of the development on aerodrome height limitations and runway surface conditions, and

  • (c)

    the effect of the lighting associated with carrying out the development on local night-time flying operations, and

  • (d)

    any bird hazard likely to be generated by carrying out the development in respect of the aerodrome.

(2)

A person must not, on land shown as described in subclause (1):

  • (a)

    erect a structure to a height that exceeds the Obstacle Limitation Surface as available from the Council, or

  • (b)

    carry out development for the purpose of:

    • (i)

      a dam or reservoir, or

    • (ii)

      the handling or storage of grain, or

    • (iii)

      the disposal of refuse, or

    • (iv)

      a sewage treatment plant or effluent ponds, or

    • (v)

      an abattoir, or

    • (vi)

      a stock yard complex, or

    • (vii)

      the provision or enhancement of a habitat likely to attract birds which may be a hazard to aircraft, or

    • (viii)

      any other land use which as a result of the creation or disposal of waste foodstuffs could, in the opinion of the consent authority, constitute an attraction to birds,

    except with the consent of the consent authority.

(3)

The consent authority must refer to the Civil Aviation Safety Authority any application for consent to carry out development referred to in subclause (2) where a structure is proposed the height of which would exceed the height of the Obstacle Limitation Surface.

(4)

In considering whether to grant consent to development referred to in subclause (3), the consent authority must take into consideration any comments furnished by the Civil Aviation Safety Authority to the consent authority within 30 days after referral of the application to the Authority.

(5)

The consent authority must advise the Civil Aviation Safety Authority of any structure that it is aware is proposed to be erected on land to which this plan applies that has a height of 110 metres or greater above the natural ground level.

(6)

Consent is required for the erection of residential buildings, hotels, motels, offices, public buildings, and buildings to be used for commercial or industrial purposes, or for any like use, on land which has an ANEF reading of 20 dB (A) or more as shown on the ANEF map available from the Council.

(7)

The consent authority must not grant consent to any development referred to in subclause (6) if it is of the opinion that the development does not meet Australian Standard AS 2021–1994(Acoustics—Aircraft noise intrusion—Building siting and construction) published by Standards Australia in 1994 regarding interior noise levels.

11Character conservation area(1)

In this clause, character conservation area refers to land shown “character conservation area” on the Zoning Map. The purpose of a character conservation area is to protect and enhance any residential area of the local government area of Dubbo that possesses distinctive architectural or streetscape value.

(2)

The following development may be carried out within a character conservation area only with the consent of the consent authority:

  • (a)

    demolishing, defacing, damaging or moving a building, work, or tree or group of trees listed in the Council’s Tree Preservation Order,

  • (b)

    altering a building or work by making structural changes to its exterior,

  • (c)

    altering a building or work by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its streetscape significance,

  • (d)

    erecting a building.

(3)

The consent authority must not grant consent to development referred to in subclause (2) unless it has taken into consideration the extent to which the carrying out of the proposed development would adversely affect the elements of any building concerned which are consistent with those elements that define the built character of the area, the building and the streetscape.

12Exhibition homes

Nothing in this plan prevents the consent authority from granting consent for the development of land in any residential zone for the purpose of an exhibition home for a period of up to, but no more than, 12 months if the land does not front a Transport Corridor.

13Subdivision of land generally(1)

Land to which this plan applies must not be subdivided except with the consent of the consent authority.

(2)

Nothing in this plan prevents the consent authority from granting consent to a subdivision for the purpose of any of the following:

  • (a)

    widening or opening a public road,

  • (b)

    rectifying an encroachment on an allotment,

  • (c)

    creating a public reserve,

  • (d)

    consolidating allotments,

  • (e)

    excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other emergency service purposes, or a public convenience,

  • (f)

    making an adjustment to a boundary between allotments,

but only if (except in the case of a lot created by consolidating former lots) the subdivision does not result in the creation of an additional dwelling house entitlement or the loss of an existing dwelling house entitlement.

(3)

Despite subclause (2), consent may be granted to a subdivision making boundary changes between allotments within Zone 1 (b) or 1 (e) that results in the creation of an additional dwelling house entitlement, but only where all lots created (including residue lots) that contain dwelling houses, or are created for the purpose of dwelling houses, satisfy the minimum lot size for dwelling houses in the zone.

(4)

Nothing in this plan prevents consent being granted to a subdivision for a land use permitted in the zone, but only where development for that land use has been consented to and where the subdivision satisfies the other applicable provisions of this plan.

(5)

Nothing in this plan prevents consent being granted to a subdivision along a zone boundary, but only where each lot created meets the minimum lot size for the relevant zone and the consent authority is satisfied that there are no constraints (such as flooding) preventing the subsequent independent development of each such lot created for the purpose of the land use for which it is zoned.

14Savings provisions applicable to activities of government instrumentalities

Nothing in this plan restricts or prohibits, or enables the consent authority to restrict or prohibit, any activity described in Schedule 2.

15Temporary use of land

Despite any other provision of this plan, the consent authority may grant consent to the carrying out of development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

16Additional uses of land(1)

Nothing in this plan prevents a person, with the consent of the consent authority, from carrying out development on land referred to in Schedule 3 specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)

Subclause (1) does not affect the application, to or in respect of development to which this clause applies, of such of the provisions of this plan as are consistent with that subclause or with a consent granted by the consent authority in respect of the development.

17Covenants, agreements etc(1)

If any agreement, covenant or similar instrument prohibits a use of land allowed by this plan, then that agreement, covenant or similar agreement does not apply to that use to the extent necessary to allow that use.

(2)

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

(3)

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

17AClassification and reclassification of public land as operational land(1)

The public land described in Schedule 8 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)

Land described in Part 1 of Schedule 8:

  • (a)

    to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

  • (b)

    continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.

(3)

Land described in Columns 1 and 2 of Part 2 of Schedule 8, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

  • (a)

    those (if any) specified for the land in Column 3 of Part 2 of Schedule 8, and

  • (b)

    any reservations that except land out of a Crown grant relating to the land, and

  • (c)

    reservation of minerals (within the meaning of the Crown Lands Act 1989).

(4)

In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 8, means the local environmental plan that inserted the description of land in that Part.

(5)

Before the relevant amending plan inserted the description of land into Part 2 of Schedule 8, the Governor approved of subclause (3) applying to the land.

18Advertisements(1)

Except as provided by subclause (2), a person must not erect an advertisement on land to which this plan applies.

(2)

A person may, but only with the consent of the consent authority, erect an advertisement, if the advertisement:

  • (a)

    relates to the purpose for which the land is used, or

  • (b)

    directs the travelling public to places of scientific, historical or scenic interest.

(3)

Despite the other provisions of this plan, the consent of the consent authority is not required for the erection of:

  • (a)

    a shop window display, or

  • (b)

    a commercial sign (except for commercial signs in the character conservation area or commercial signs on or in the vicinity of heritage items),

on land to which the display or sign relates.

19Community use of schools

Despite the other provisions of this plan, the consent authority may grant development consent to the community use of the facilities and sites of schools, colleges and other educational establishments and to the commercial operation of those facilities and sites.

19AWhat is exempt development?(1)

Development of minimal environmental impact listed in column 1 of Schedule 1 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999 is exempt development, subject to subclauses (2) and (3).

(2)

Development is exempt development only if it complies with the development standards and other requirements set out opposite the development concerned in column 2 of Schedule 1 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999.

(3)

Development is not exempt development if it is carried out on land that is within Zone 1 (b), 1 (e), 6 (a), 6 (b) or 6 (c) or a character conservation area shown on the zoning map, or is the site of an Aboriginal relic recorded at the office of the Council.

19BWhat is complying development?(1)

Development listed in column 1 of Schedule 2 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999 is complying development if:

  • (a)

    it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

  • (b)

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

subject to subclauses (2) and (3).

(2)

Development is complying development only if it complies with the development standards and other requirements set out opposite the development concerned in column 2 of Schedule 2 to DCP G4.1—Exempt and Complying Development as adopted by the Council on 28 June 1999.

(3)

Development is not complying development if it is carried out on land that is within Zone 1 (b), 1 (e), 6 (a), 6 (b) or 6 (c) or a character conservation area shown on the zoning map, or is the site of an Aboriginal relic recorded at the office of the Council.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in DCP G4.1—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

19CSaving provision—development applications lodged before commencement of amendments

A development application lodged, but not finally determined, before the commencement of an amendment to this plan made by a local environmental plan is to be determined as if the amending plan had been exhibited but the amendment had not commenced.

Part 3Zoning controlsDivision 1General effect of zoning20General zoning controls(1)

Land is within one of the following zones as identified on the Zoning Map:

  • 1 (b) Urban/Rural Buffer Zone

  • 1 (e) Urban Expansion Zone

  • 2 (a) Residential Suburban Zone

  • 2 (b) Residential Medium Density Zone

  • 2 (c) Residential Fringe Zone

  • 2 (d) Residential Cluster Zone

  • 2 (e) Residential Country Zone

  • 3 (a) Regional Business Zone

  • 3 (b) Sub-regional Business Zone

  • 3 (c) Neighbourhood Business Zone

  • 3 (d) Tourism and Leisure Zone

  • 3 (e) Special Business Zone

  • 4 (a) Light Industrial Zone

  • 4 (b) General Industrial Zone

  • 4 (c) Special Industrial Zone

  • 5 (a) Institutional Zone

  • 5 (b) Utilities Zone

  • 6 (a) Public Open Space Zone

  • 6 (b) Private Open Space Zone

  • 6 (c) Commercial Recreation Zone

(2)

The other Divisions of this Part set out the objectives of zones and specify the development that may be carried out without development consent or only with development consent or that is prohibited within each zone. Other controls for land within the same zone are also specified.

These other Divisions also specify development which may be carried out with development consent but which must be advertised. The consent authority must give public notice of proposed development required to be advertised under this subclause:

  • (a)

    by written notices to such landowners in the vicinity of the proposed development as the consent authority considers appropriate, and

  • (b)

    by a notice published in a newspaper circulating generally in the Dubbo City area (unless the consent authority considers the likely impact of the proposed development on the immediate locality to be minimal), and

  • (c)

    if the consent authority so wishes, additionally by any other appropriate means.

The notices must state that any person may make a written submission to the consent authority in relation to the proposed development during the period specified in the notice (which must be a period of at least 14 days after the issue of the notice). The consent authority must have regard to any submissions received within the specified period when determining the relevant development application.

(3)

The consent authority must not grant consent for development of land within a zone unless it is satisfied that the development is consistent with the aims and objectives of this plan and the objectives of the zone.

Division 2Rural zones21Rural zonings(1)

The following rural zones apply as identified on the Zoning Map:

  • 1 (b) Urban/Rural Buffer Zone

  • 1 (e) Urban Expansion Zone

(2)

The following clauses give a description of land in each rural zone, the objectives of the zone and what development is prohibited or may be carried out without or only with the consent of the consent authority.

22Zone 1 (b) Urban/Rural Buffer Zone—general development controls(1)

Land within the Urban/Rural Buffer Zone is located on the outskirts of the urban area and has the role of providing a buffer between urban uses (sensitive to amenity issues) and large-scale commercial agriculture (which characterises the surrounding land that is subject to Dubbo Local Environmental Plan 1997—Rural Areas).

(2)

The objectives of Zone 1 (b) are as follows:

  • (a)

    to protect agricultural enterprises carried out on land beyond the land to which this plan applies from further fragmentation and from restraint on their operations which could result from conflict with urban amenity expectations,

  • (b)

    to provide for small-scale rural activities or other compatible land uses consistent with managing land as a “buffer” separating sensitive urban land uses from the surrounding rural area or from industrial or utility uses,

  • (c)

    to discourage the expectation of an urban standard of amenities or level of services in the urban/rural buffer,

  • (d)

    to promote recognition that agricultural production, undertaken in a manner consistent with sustainable resource management principles and accepted agricultural practice, will not be restrained in response to non-agricultural activities being undertaken within the urban/rural buffer,

  • (e)

    to ensure environmentally sensitive land is managed in an appropriate manner.

(3)

Development for the purpose of the following may be carried out on land within Zone 1 (b) without development consent:

  • agriculture; environmental conservation; home based child care establishments; home occupations.

(4)

Development that is not included in subclause (3), (5) or (6) may be carried out on land within Zone 1 (b) only with development consent.

(5)

Development for the purpose of the following may be carried out on land within Zone 1 (b) only with development consent and only after advertising in accordance with clause 20 (2):

  • aerodromes; animal cemeteries; animal establishments; bulk fuel stores; cabins or caravan sites; camp sites; community service facilities; companion animal facilities; correctional centres; cultural centres; extractive industries; freight transport terminals; home industries; intensive agriculture; materials recycling depots; mining; rural industries; transfer stations; transport depots; turf farming.

(6)

Development for the purpose of the following is prohibited on land within Zone 1 (b):

  • abattoirs; advertisements; boarding houses; brothels; bulky goods sales rooms or showrooms; business premises; car parks; cemeteries; child care centres; clubs; community centres; convenience service stations; corner stores; cotton farming; dairies; dual occupancies; educational establishments; entertainment facilities; exhibition homes; fast food outlets; funeral establishments, helipads; hospitals; hotels; industries; intensive livestock keeping establishments; light industries; machinery dealerships; major retail attractors; medical consulting rooms; medium density housing; motor and recreational vehicle dealerships; offensive or hazardous industries; office premises; on-site waste disposal (except where ancillary to another lawful use of the land); passenger transport terminals; places of worship; public buildings; restaurant rooms; restricted premises; sawmills; semi-detached housing; service stations; shops; stock and sale yards; taverns; tourist accommodation; treated waste application; vehicle body repair workshops; vehicle repair stations; warehouses or distribution centres; waste disposal facilities.

23Subdivision of land within Zone 1 (b)

With the exception of subdivision as provided for in clause 13, subdivision of land within Zone 1 (b) is prohibited.

24Dwelling houses on land within Zone 1 (b)

The consent authority may consent to the erection of a dwelling house on land within Zone 1 (b) only if:

  • (a)

    there is no existing dwelling house on the land and the consent authority is satisfied that effluent can be disposed of on-site, having regard to sustainable resource management principles, and

  • (b)

    the land comprises a lot that the consent authority is satisfied was created for the purpose of a dwelling house by a subdivision for which consent was granted before the appointed day, being an allotment on which a dwelling house could have been lawfully erected immediately before the appointed day, or

  • (c)

    the land comprises a lot that has an area of at least 8 hectares and does not abut the boundary with, or a road reserve abutting, land subject to Dubbo Local Environmental Plan 1997—Rural Areas or a Transport Corridor, or

  • (d)

    where the land abuts that boundary or a Transport Corridor, the land comprises a lot that has an area of at least 20 hectares and the proposed dwelling house will be sited at least 200 metres from that boundary or Transport Corridor.

25Interim additional dwelling on land within Zone 1 (b)

The consent authority may consent to the erection of one, but only one, interim additional dwelling on land within Zone 1 (b) that is a dwelling house to be occupied by an employee involved in rural activities on the land or a member of the landowner’s family, or where use of the dwelling is ancillary to a use of the land for which consent has been granted, if:

  • (a)

    the land on which the dwelling will be erected will not be capable of being excised by way of transfer of a new or existing title, and

  • (b)

    the dwellings share a common access to a public road, and

  • (c)

    the consent authority is satisfied that the dwelling is for an interim period only and that the dwelling is:

    • (i)

      transportable, or

    • (ii)

      capable of being converted to another use permissible on, and consistent with the lawful primary use of, the land concerned, and

  • (d)

    the consent authority is satisfied that the interim additional dwelling will be inhabited by either a relative of the owner or an employee involved in a rural activity on the land for which consent has been granted (and who is required to be on-site) or use of the dwelling will be ancillary to and necessary to sustain another productive land use for which consent has been granted.

26Zone 1 (e) Urban Expansion Zone—general development controls(1)

Land within the Urban Expansion Zone is located on the edge of the established urban area that has been specifically identified for future residential, industrial or recreational use, or for infrastructure development.

(2)

The objectives of Zone 1 (e) are as follows:

  • (a)

    to identify land of strategic value for future urban development for residential, industrial, recreational or urban infrastructure purposes as designated on the Zoning Map so that development of this land can proceed at a time and in a manner consistent with the use identified in the Urban Development Strategy (dated December 1996),

  • (b)

    to enable development of land for agriculture and for land uses ordinarily incidental to the use of land for agriculture until the land is needed for urban purposes,

  • (c)

    to limit development of land to uses that will:

    • (i)

      not interfere with the agricultural use of adjacent and surrounding land, and

    • (ii)

      be compatible with the future urban development of the land as identified in the Urban Development Strategy (dated December 1996) and nearby urban uses (including quarries and extractive industries), and

    • (iii)

      retain the rural character of the locality, and

    • (iv)

      not create unreasonable, premature or uneconomic demands for the provision or extension of public amenities and services,

  • (d)

    to provide a zoning for land prior to its release for urban purposes, which would then be subject to rezoning which should not take place unless:

    • (i)

      it is consistent with an adopted urban development strategy and structure plan for the precinct in which the land is located, and

    • (ii)

      appropriate land capability investigations have been carried out, and

    • (iii)

      sufficient demand exists for the release of the land for urban purposes, and

    • (iv)

      appropriate urban infrastructure and facilities are available to the land, or can be provided to the land by its developer.

(3)

Development for the purpose of the following may be carried out on land within Zone 1 (e) without development consent:

  • agriculture; environmental conservation; home occupations.

(4)

Development that is not included in subclause (3), (5) or (6) may be carried out on land within Zone 1 (e) only with development consent and only where the development is consistent with the future use identified for the land on the Zoning Map.

(5)

Development for the purpose of the following may be carried out on land within Zone 1 (e) only with development consent and only after advertising in accordance with clause 20 (2):

  • aerodromes; animal establishments; bed and breakfast accommodation; bulk fuel stores; cultural centres; educational establishments; farmstay establishments; freight transport terminals; home industries; industries; intensive agriculture; materials recycling depots; offensive or hazardous industries; transfer stations; transport depots.

(6)

Development for the purpose of the following is prohibited on land within Zone 1 (e):

  • abattoirs; advertisements; animal cemeteries; aquaculture; boarding houses; brothels; bulky goods sales rooms or showrooms; business premises; cabins or caravan sites; camp sites; car parks; cemeteries; child care centres; clubs; community centres; community service facilities; companion animal facilities; convenience service stations; corner stores; correctional centres; cotton farming; dairies; depots; dual occupancies; entertainment facilities; exhibition homes; extractive industries; fast food outlets; funeral establishments, guesthouses or hostels; helipads; hospitals; hotels; intensive livestock keeping establishments; light industries; machinery dealerships; major retail attractors; medical consulting rooms; medium density housing; mining; motor and recreational vehicle dealerships; office premises; on-site waste disposal (except where ancillary to another lawful use of the land); passenger transport terminals; places of worship; public buildings; restaurant rooms; restricted premises; rural industries; rural workers’ dwellings; sawmills; semi-detached housing; service stations; shops; stock and sale yards; taverns; tourist accommodation; tourist facilities; treated waste application; turf farming; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses or distribution centres; waste disposal facilities.

27Subdivision of land within Zone 1 (e)(1)

With the exception of subdivision as provided for in clause 13, subdivision of land within Zone 1 (e) is prohibited.

(2)

Despite subclause (1), the consent authority may grant consent to the excision of an allotment on which an existing dwelling is situated, but only where such a subdivision is in accordance with the proposed lot layout as set out in an urban development strategy for the land approved by the consent authority.

28Dwelling houses on land within Zone 1 (e)

The consent authority may consent to the erection of a dwelling house on land within Zone 1 (e) only if:

  • (a)

    the land:

    • (i)

      comprises a lot that the consent authority is satisfied was created for the purpose of a dwelling house by a subdivision for which consent was granted before the appointed day, being an allotment on which a dwelling house could have been lawfully erected immediately before the appointed day, or

    • (ii)

      is identified as 1 (e) Future Residential on the Zoning Map and the land comprises an allotment which has an area of not less than 8 hectares, and

  • (b)

    there is no existing dwelling house on the land and the consent authority is satisfied that effluent can be disposed of on-site, having regard to Sustainable Resource Management principles, and

  • (c)

    the erection of a dwelling house on the land is consistent with, and will not obstruct the use of the land for, the purpose identified in the Urban Development Strategy (dated December 1996).

29Interim additional dwelling on land within Zone 1 (e)

The consent authority may consent to the erection of one, but only one, interim additional dwelling on land within Zone 1 (e) that is a dwelling house to be occupied by an employee involved in rural activities on the land or a member of the landowner’s family or, where use of the dwelling is ancillary to a use of the land for which consent has been granted, if:

  • (a)

    the land on which the dwelling will be erected will not be capable of being excised by way of transfer of a new or existing title, and

  • (b)

    the dwellings share a common access to a public road, and

  • (c)

    the consent authority is satisfied that the dwelling is for an interim period only and is:

    • (i)

      transportable, or

    • (ii)

      capable of being converted to another use permissible on, and consistent with the lawful primary use of, the land concerned, and

  • (d)

    the consent authority is satisfied that the interim additional dwelling will be inhabited by either a relative of the owner or an employee involved in a rural activity on the land for which consent has been granted (and who is required to be on-site) or use of the dwelling will be ancillary to and necessary to sustain another productive land use for which consent has been granted.

Division 3Residential zones30Residential zonings(1)

The following residential zones apply as identified on the Zoning Map:

  • 2 (a) Residential Suburban Zone

  • 2 (b) Residential Medium Density Zone

  • 2 (c) Residential Fringe Zone

  • 2 (d) Residential Cluster Zone

  • 2 (e) Residential Country Zone

(2)

The following clauses give a description of land in each residential zone, the objectives of the zone and what development is prohibited or may be carried out without or only with the consent of the consent authority.

31Zone 2 (a) Residential Suburban Zone—general development controls(1)

Land within the Residential Suburban Zone is characterised by detached housing at traditional densities in excess of one dwelling house per 600 square metres in the suburban area of Dubbo and 2,000 square metres in the village of Brocklehurst.

(2)

The objectives of Zone 2 (a) are as follows:

  • (a)

    to provide fully serviced land for single dwelling houses having a suburban density,

  • (b)

    to encourage innovative and environmentally sustainable design,

  • (c)

    to encourage and facilitate the development of functional residential neighbourhoods in an environmentally sustainable manner,

  • (d)

    to protect and enhance the visual and environmental amenity of land within the zone,

  • (e)

    to enable the development of land for certain non-residential purposes specified in subclauses (4), (5) and (7), where the scale, character and impacts maintain an acceptable level of residential amenity,

  • (f)

    to protect the existing urban density and unique village character of the village of Brocklehurst.

(3)

Development for the purpose of the following may be carried out on land within Zone 2 (a) without development consent:

  • environmental conservation; home based child care establishments; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 2 (a) only with development consent:

  • assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; recreation areas; roads; utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 2 (a) only with development consent and only after advertising in accordance with clause 20 (2):

  • artificial waterbodies; bed and breakfast accommodation; boarding houses; child care centres; corner stores; educational establishments; extended family units; guesthouses or hostels; home businesses; home industries; places of worship; semi-detached housing; veterinary hospitals.

However, the consent authority must not consent to the carrying out of development for the purpose of medium density housing within Zone 2 (a) after the second anniversary of the date of the commencement of this plan.

(6)

Development that is not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (a).

(7)

Despite subclause (6), consent may be granted for development of land within Zone 2 (a) for the purpose of medical consulting rooms if the proposed development meets the objectives of the zone and satisfies the requirements of clause 33 (2) and the site is:

  • (a)

    wholly or partially within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c), or

  • (b)

    within the residential precinct bounded by Barden Avenue, Myall Street, Dubbo Base Hospital, River Street, Lourdes Hospital and Cobborah Road.

32Subdivision of, and dwellings on, land within Zone 2 (a)

The consent authority may consent to a subdivision of land within Zone 2 (a) only if each allotment to be created is intended to have a dwelling situated on it has an area of not less than:

  • (a)

    in the suburban area of Dubbo, 600 square metres, or 700 square metres if it is a corner allotment, or 300 square metres if it will have one of the two dwellings comprising semi-detached housing on it, or

  • (b)

    2,000 square metres if it is in the village of Brocklehurst (as indicated on the Zoning Map).

33Non-residential uses within Zone 2 (a)(1)

The purpose of this clause is to encourage non-residential development to cluster around existing neighbourhood focal points rather than intrude further into established residential areas, and to preserve the amenity of residential areas.

(2)

Consent may be granted to the carrying out of development on land within Zone 2 (a) that is within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c) for the purpose of child care centres, educational establishments, medical consulting rooms, places of worship, recreation areas or veterinary hospitals if the impact on residential amenity (having regard to likely traffic, parking, noise, odour, signage, streetscape and safety) is acceptable to the consent authority.

(3)

Consent may be granted to the carrying out of development on land within Zone 2 (a) that is more than 200 metres from land within Zone 3 (a), 3 (b) or 3 (c) for a non-residential purpose specified in subclause (2) only if there are no suitable sites for the proposed development within 200 metres of land within Zone 3 (a), 3 (b) or 3 (c).

34Zone 2 (b) Residential Medium Density Zone—general development controls(1)

Land within the Residential Medium Density Zone is characterised by sites where higher density residential forms than those traditionally found in the Residential Suburban Zone may be appropriate.

(2)

The objectives of Zone 2 (b) are as follows:

  • (a)

    to recognise land suitable to accommodate a range of residential densities and a variety of housing styles,

  • (b)

    to encourage innovative and environmentally sustainable design and development of housing which protects and enhances the streetscape,

  • (c)

    to provide for other forms of development which may appropriately be located in the zone,

  • (d)

    to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity.

(3)

Development for the purpose of the following may be carried out on land within Zone 2 (b) without development consent:

  • environmental conservation; home based child care establishments; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 2 (b) only with development consent:

  • assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; medium density housing; roads; utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 2 (b) only with development consent and only after advertising in accordance with clause 20 (2):

  • boarding houses; child care centres; corner stores; extended family units; home businesses; semi-detached housing.

(6)

Development that is not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (b).

35Subdivision of land within Zone 2 (b)

The consent authority may grant consent to the subdivision of land within Zone 2 (b) only if the allotments to be created have an area of not less than 230 square metres.

36Zone 2 (c) Residential Fringe Zone—general development controls(1)

Land within the Residential Fringe Zone is characterised by large detached dwelling houses on fully serviced allotments with areas of between 2,000 to 6,000 square metres located at the suburban fringe.

(2)

The objectives of Zone 2 (c) are as follows:

  • (a)

    to recognise land which is located on the edge of suburban Dubbo and provides a transition in urban form between a suburban and a country living environment,

  • (b)

    to provide an environment which satisfies the reasonable expectations of the residents,

  • (c)

    to provide spacious and prestigious fully-serviced residential allotments which provide for extensive landscaping and on-site recreational opportunities,

  • (d)

    to provide a low density and high quality residential lifestyle in an environment which is close to the amenities and services of Dubbo,

  • (e)

    to provide for other forms of development which may appropriately be located in the zone,

  • (f)

    to ensure non-residential development is of a type, scale and character which will maintain an acceptable level of residential amenity.

(3)

Development for the purpose of the following may be carried out on land within Zone 2 (c) without development consent:

  • environmental conservation; home based child care establishments; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 2 (c) only with development consent:

  • assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; roads; utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 2 (c) only with development consent and only after advertising in accordance with clause 20 (2):

  • artificial waterbodies; bed and breakfast accommodation; corner stores; educational establishments; extended family units; home businesses; home industries; semi-detached housing.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (c).

37Subdivision of land within Zone 2 (c)(1)

The consent authority may grant consent to the subdivision of land within Zone 2 (c) only if:

  • (a)

    each lot to be created that is intended to have a dwelling situated on it has an area of not less than 6,000 square metres and a road frontage of not less than 50 metres or, in the case of irregular shaped lots at the heads of cul-de-sacs, a minimum width of 50 metres at a point no more than half-way down the depth of the block, or

  • (b)

    the subdivision provides a progressive reduction in lot size from the Outer Boundary of the zone such that:

    • (i)

      where the land is at least 120 metres from the Outer Boundary of the zone, each lot to be created that is intended to have a dwelling situated on it has an area of no less than 4,000 square metres, or

    • (ii)

      where the land is at least 240 metres from the Outer Boundary of the zone, each lot to be created that is intended to have a dwelling situated on it has an area of no less than 2,000 square metres and is in a neighbourhood that, in the opinion of the consent authority, is not yet developed for residential fringe purposes.

(2)

Despite subclause (1), in the case of land known on the appointed day as:

  • (a)

    Lot 66 DP 876843—the consent authority may grant consent to the subdivision of the land to create no more than 41 lots (each of which is intended to have a dwelling situated on it), but only where each lot to be created has an area of not less than 3,000 square metres, and

  • (b)

    Lot 101 DP 880716—the consent authority may grant consent to the subdivision of the land, but only where each lot to be created (that is intended to have a dwelling situated on it) has an area of not less than 6,000 square metres and a minimum frontage to Hennessy Road of 50 metres.

(3)

Despite subclause (1), the consent authority may grant consent to the subdivision of the land comprising so much of Lot 35, DP 1110685 and Lot 47, DP 1127215 as is within Zone 2 (c) so as to create lots of less than 6,000 square metres, but only where each lot to be created (that is intended to have a dwelling situated on it):

  • (a)

    has an area of not less than 2,000 square metres, and

  • (b)

    will be kerbed and guttered.

38Dwelling houses on land within Zone 2 (c)

The consent authority may grant consent for the erection of a dwelling house on land within Zone 2 (c) only on a lot created or to be created by a subdivision for the purpose of a single dwelling house, being a subdivision for which consent has been granted.

39Zone 2 (d) Residential Cluster Zone—general development controls(1)

Land within the Residential Cluster Zone is characterised by residential allotments with areas of between 1.5 hectares and 2 hectares located on the outskirts of the urban area.

(2)

The objectives of Zone 2 (d) are as follows:

  • (a)

    to provide land and opportunities for residential development, with limited city services, in a rural setting on allotments of a size greater than could be provided in an urban environment and which enables semi-rural activities to be undertaken,

  • (b)

    to ensure that development is undertaken in an environmentally sustainable manner which will not adversely impact on the rural and natural environment, local economies or the provision of required services,

  • (c)

    to provide for other forms of development which may appropriately be located in the zone,

  • (d)

    to ensure non-residential development is of a type, scale and character which will maintain the intended lifestyle amenity.

(3)

Development for the purpose of the following may be carried out on land within Zone 2 (d) without development consent:

  • environmental conservation; home based child care establishments; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 2 (d) only with development consent:

  • agriculture; assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); group homes; on-site waste disposal (where ancillary to another lawful use of the land); roads; utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 2 (d) only with development consent and only after advertising in accordance with clause 20 (2):

  • bed and breakfast accommodation; corner stores; extended family units; home businesses; home industries; semi-detached housing.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (d).

40Subdivision of land within Zone 2 (d)

The consent authority may grant consent to a subdivision of land within Zone 2 (d) only if each allotment to be created that is intended to have a dwelling situated on it has an area of not less than 1.5 hectares.

41Zone 2 (e) Residential Country Zone—general development controls(1)

Land within the Residential Country Zone is characterised by moderately sized hobby farm allotments of 4–10 hectares in an area on the outskirts of the urban area.

(2)

The objectives of Zone 2 (e) are as follows:

  • (a)

    to provide land and opportunities for a lifestyle with limited services and a rural amenity on allotments which are of a size which enable hobby farming activities,

  • (b)

    to make efficient use of fragmented areas that are unlikely to be needed for urban purposes,

  • (c)

    to ensure that development is undertaken in an environmentally sustainable manner which will not adversely impact on the rural and natural environment, local economies or the provision of required services and is commensurate with the physical and environmental capability of the land,

  • (d)

    to provide for other forms of development which may appropriately be located in the zone,

  • (e)

    to allow non-residential development where it is of a type, scale and character which will maintain the intended lifestyle amenity,

  • (f)

    to allow development which requires a minimal level of urban servicing.

(3)

Development for the purpose of the following may be carried out on land within Zone 2 (e) without development consent:

  • agriculture; environmental conservation; home based child care establishments; home occupations.

(4)

Development for the purpose of the following may be carried out only with development consent:

  • animal establishments; aquaculture; assisted accommodation; car parks; communications facilities; drainage; dwelling houses; exhibition homes (except where fronting a road described as a Transport Corridor); forestry; group homes; on-site waste disposal (where ancillary to another lawful use of the land); plant nurseries; recreation areas; roads; roadside stalls; tourist facilities; utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 2 (e) only with development consent and only after advertising in accordance with clause 20 (2):

  • bed and breakfast accommodation; bulk fuel stores; corner stores; extended family units; farmstay establishments; home businesses; home industries; treated waste application; veterinary hospitals.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 2 (e).

42Subdivision of land within Zone 2 (e)

The consent authority may grant consent to a subdivision of land within Zone 2 (e) only if each allotment to be created is intended to have a dwelling house situated on it:

  • (a)

    has a minimum area of 8 hectares, or

  • (b)

    has a minimum area of 4 hectares and an average area of 6 hectares or greater for the entire subdivision if it is a subdivision of:

    • (i)

      “Peachville Park”, being land known on the appointed day as lot 64 DP 754287 (East Dubbo), or

    • (ii)

      “Acoz”, being land known on the appointed day as lots 45, 46, 97, 175 and 176 DP 755094 (West Dubbo).

43Dwelling houses on land within Zone 2 (e)

The consent authority may grant consent for the erection of a dwelling house on land within Zone 2 (e) only on land created by a subdivision which was approved by the consent authority or on an allotment which has an area of not less than 8 hectares.

44Interim additional dwelling on land within Zone 2 (e)

The consent authority may consent to the erection of one, but only one, interim additional dwelling on land within Zone 2 (e) that is to be occupied by an employee involved in rural activities on the land or a member of the landowner’s family, or where use of the dwelling is ancillary to a use of the land for which consent has been granted, if:

  • (a)

    the land on which the dwelling will be erected will not be capable of being excised by way of transfer of a new or existing title, and

  • (b)

    the dwellings share a common access to a public road, and

  • (c)

    the consent authority is satisfied that the dwelling is for an interim period only and that the dwelling is:

    • (i)

      transportable, or

    • (ii)

      capable of being converted to another use permissible on, and consistent with the lawful primary use of, the land concerned, and

  • (d)

    the consent authority is satisfied that the interim additional dwelling will be inhabited by either a relative of the owner or an employee involved in a rural activity on the land for which consent has been granted (and who is required to be on-site) or use of the dwelling will be ancillary to and necessary to sustain another productive land use for which consent has been granted.

Division 4Business zones45Business zonings(1)

The following business zones apply as identified on the Zoning Map:

  • 3 (a) Regional Business Zone

  • 3 (b) Sub-regional Business Zone

  • 3 (c) Neighbourhood Business Zone

  • 3 (d) Tourism and Leisure Zone

  • 3 (e) Special Business Zone

(2)

The following clauses give a description of land within the zone, the objectives of the zone and what development is prohibited or may be carried out with or without the consent of the consent authority.

(3)

The consent authority must not grant development consent if the proposed development will not be consistent with the objectives of the zone or will not:

  • (a)

    reinforce the existing role of the central business district (CBD) of Dubbo in meeting the retailing and servicing needs of the Region, and

  • (b)

    maintain the dominance of the Dubbo CBD over all other commercial centres in the Region, and

  • (c)

    protect and enhance a retail hierarchy in Dubbo that facilitates only appropriate development in commercial centres according to their role in the hierarchy as outlined in the Urban Development Strategy (dated December 1996).

46Zone 3 (a) Regional Business Zone—general development controls(1)

Land within the Regional Business Zone comprises the central business district (CBD) of Dubbo which is the primary retailing and commercial centre for the Region.

(2)

The objectives of Zone 3 (a) are as follows:

  • (a)

    to reinforce the existing role of the CBD of Dubbo, its primacy over all other commercial centres in Dubbo and its dominance in the Region,

  • (b)

    to provide for a wide range of retailing activity, convenience goods, business and government services and other regional functions in the CBD,

  • (c)

    to encourage investment and redevelopment in the CBD to ensure that the ratio of retail floor space continues to be (or will exceed) 50:18 and 50:12, respectively, in Zones 3 (b) and 3 (c),

  • (d)

    to ensure there is adequate provision of car parking facilities within the CBD,

  • (e)

    to ensure any additional major retail attractors locate in Macquarie Street north of Bultje Street,

  • (f)

    to reinforce retailing at the Macquarie Street frontage and discourage additional internalised retailing that does not open out onto Macquarie Street and, where possible, the river corridor,

  • (g)

    to ensure no enclosed shopping complex in the CBD has a retail floor space which exceeds a ratio of 18:50 to the retail floor space in Zone 3 (a),

  • (h)

    to preserve the historic character of the CBD by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts,

  • (i)

    to minimise conflicts between pedestrians and vehicular movement systems within the CBD,

  • (j)

    to consolidate and enhance the use of the CBD by providing venues for after-hours cultural, entertainment and leisure activity.

(3)

Development for the purpose of the following may be carried out on land within Zone 3 (a) without development consent:

  • environmental conservation; home based child care establishments; home occupations.

(4)

Development that is not included in subclause (3), (5) or (6) may be carried out on land within Zone 3 (a) only with development consent.

(5)

Development for the purpose of the following may be carried out on land within Zone 3 (a) only with development consent and only after advertising in accordance with clause 20 (2):

  • boarding houses; cultural centres; freight transport terminals; medium density housing.

(6)

Development for the purpose of the following is prohibited on land within Zone 3 (a):

  • abattoirs; aerodromes; agriculture; animal cemeteries; animal establishments; aquaculture; artificial waterbodies; brothels; bulk fuel stores; bushrock removal; camp sites; cemeteries; companion animal facilities; correctional centres; cotton farming; dairies; dual occupancies; exhibition homes; extractive industries; farmstay establishments; firewood collection; forestry; funeral establishments, helipads; home businesses; home industries; hospitals; industries; intensive agriculture; intensive livestock keeping establishments; light industries; materials recycling depots; mining; offensive or hazardous industries; on-site waste disposal; restricted premises; roadside stalls; rural industries; sawmills; stock and sale yards; transfer stations; transport depots; treated waste application; turf farming; vehicle body repair workshops; warehouses or distribution centres; waste disposal facilities.

47Zone 3 (b) Sub-regional Business Zone—general development controls(1)

Land within the Sub-regional Business Zone comprises Orana Mall which provides a sub-regional retailing focus for East Dubbo and supplements the retailing functions of the central business district (CBD).

(2)

The objectives of Zone 3 (b) are as follows:

  • (a)

    to protect and support the second-order retail centre role of Orana Mall,

  • (b)

    to complement the Dubbo CBD and its primacy over all other commercial centres in Dubbo and the Region by permitting in the Zone only development which does not weaken the role of the CBD,

  • (c)

    to ensure the growth of Orana Mall is consistent with its role and its relationship to the CBD and to ensure Orana Mall does not exceed an 18:50 retail floor space ratio to that in Zone 3 (a),

  • (d)

    to ensure Orana Mall remains primarily a retail centre and does not accommodate land uses which are best suited to the CBD, namely entertainment, office, administration, cultural and recreational land uses, other than those consistent with its fulfilling a neighbourhood role,

  • (e)

    to ensure there is adequate provision of car parking facilities within the zone.

(3)

Development for the purpose of the following may be carried out on land within Zone 3 (b) without development consent:

  • environmental conservation; home based child care establishments; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 3 (b) only with development consent:

  • assisted accommodation; bulky goods sales rooms or showrooms; business premises; car parks; child care centres; communications facilities; convenience service stations; corner stores; drainage; fast food outlets; group homes; hotels; medical consulting rooms; plant nurseries; restaurant rooms; roads; semi-detached housing; service stations; shops; taverns; utility undertakings; vehicle repair stations; veterinary hospitals.

(5)

Development for the purpose of the following may be carried out on land within Zone 3 (b) only with development consent and only after advertising in accordance with clause 20 (2):

  • boarding houses; major retail attractors; medium density housing; recreation facilities.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (b).

48Zone 3 (c) Neighbourhood Business Zone—general development controls(1)

Land within the Neighbourhood Business Zone comprises the smaller retail centres that provide convenience goods and services to their respective neighbourhoods and act as focal points for other community functions.

(2)

The objectives of Zone 3 (c) are as follows:

  • (a)

    to provide for retailing and servicing activities that meet local neighbourhood requirements and not those which can be shown to weaken the commercial function of the central business district (CBD) of Dubbo,

  • (b)

    to provide a focal point for other neighbourhood land uses,

  • (c)

    to ensure development is compatible with the amenity of the neighbourhood,

  • (d)

    to prohibit large bulky goods sales rooms or showrooms in the zone,

  • (e)

    to ensure there is adequate provision of car parking facilities within the zone,

  • (f)

    to ensure the growth of each neighbourhood centre is consistent with its role in the hierarchy and that they do not, in aggregation, exceed a 12:50 retail floor space ratio to that in Zone 3 (a).

(3)

Development for the purpose of the following may be carried out on land within Zone 3 (c) without development consent:

  • environmental conservation; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 3 (c) only with development consent:

  • assisted accommodation; business premises; car parks; child care centres; communications facilities; community centres; community service facilities; corner stores; drainage; dwelling houses (where ancillary to another lawful use of the land); fast food outlets; group homes; home based child care establishments; home businesses; medical consulting rooms; plant nurseries; restaurant rooms; roads; shops (including supermarkets up to 1,000 square metres in area); utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 3 (c) only with development consent and only after advertising in accordance with clause 20 (2):

  • cultural centres; veterinary hospitals.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (c).

49Zone 3 (d) Tourism and Leisure Zone—general development controls(1)

The Tourism and Leisure Zone applies to land in the vicinity of the Western Plains Zoo which is considered suitable for the development of tourism and leisure facilities which are compatible with a semi-rural environment, and to the Whylandra and Cobra Streets strips which are established urban areas considered suitable for development providing services and accommodation to the travelling public and to other established tourist-oriented developments outside the central business district (CBD). The zone also applies to land that has been developed to provide leisure and entertainment facilities for Dubbo residents in neighbourhood locations.

(2)

The objectives of Zone 3 (d) are as follows:

  • (a)

    to facilitate the development of tourist activities and attractions and leisure facilities in the precinct neighbouring Western Plains Zoo,

  • (b)

    to facilitate the development of selected locations related to the highway corridors for a diverse mix of services for travellers, such as accommodation, food and fuel supplies,

  • (c)

    to encourage a high standard of street presentation that is attractive and distinctive,

  • (d)

    to encourage a range of innovative modes of transport or movement between tourist areas and the CBD of Dubbo,

  • (e)

    to recognise other existing non-CBD tourist-oriented development in the city,

  • (f)

    to facilitate the development of leisure and entertainment facilities in a neighbourhood setting where such facilities are of a scale, nature and character that maintains or improves the amenity of the neighbourhood and does not detract from or significantly alter the continued operation of any nearby neighbourhood centres to which they are ancillary,

  • (g)

    to minimise conflict with adjoining residential and rural areas,

  • (h)

    to ensure the safety and efficiency of Transport Corridor roads are maintained,

  • (i)

    to facilitate the development of tourist resort complexes (including ancillary short-term or permanent residential components) on specified sites where such facilities and the density of residential development are considered sympathetic and compatible with the adjoining land uses and character and amenity of the locality.

(3)

Development for the purpose of the following may be carried out on land within Zone 3 (d) without development consent:

  • environmental conservation; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 3 (d) only with development consent:

  • agriculture; artificial waterbodies; bed and breakfast accommodation; cabins or caravan sites; camp sites; car parks; child care centres; communications facilities; corner stores; drainage; dwelling houses (on an allotment created with consent for the purpose of a dwelling house ancillary to another lawful use of the land); educational establishments; farmstay establishments; guesthouses or hostels; passenger transport terminals; recreation areas; roads; roadside stalls; service stations; tourist facilities; utility undertakings.

(5)

Development for the purpose of the following may be carried out on land within Zone 3 (d) only with development consent and only after advertising in accordance with clause 20 (2):

  • animal establishments; community centres; cultural centres; entertainment facilities; extended family units; fast food outlets (other than on land within Zone 3 (d) shown on Sheet 2 of the Zoning Map or land on the eastern side of Whylandra Street north of Alfred Street); forestry; helipads (other than on land within Zone 3 (d) shown on Sheet 1 of the Zoning Map); intensive agriculture; recreation facilities; restaurant rooms; taverns; tourist accommodation.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (d).

(7)

Despite subclause (6), the consent authority may grant consent to the carrying out of development on land within Zone 3 (d) as shown on the Zoning Map if:

  • (a)

    the land has frontage to Whylandra Street or Cobra Street, the development is for the purpose of hotels, service stations or convenience service stations, and the proposal is advertised in accordance with clause 20 (2), or

  • (b)

    the land was known on the appointed day by the following description, the development is for a tourist resort complex and the proposal is advertised in accordance with clause 20 (2):

    • (i)

      part of Lot 91 DP 1009855 (Grangewood Resort site),

    • (ii)

      part of Lots 61 and 62 DP 585642 (Pioneer Spirit Resort site).

49ASubdivision of land within Zone 3 (d)(1)

Except as allowed by clause 13 and subclause (2), subdivision of land within Zone 3 (d) is prohibited.

(2)

Subdivision of land for the purpose of tourism or a related purpose is allowed, but only with development consent and only if, in the opinion of the consent authority, it is consistent with the objectives of the zone in which the land is situated.

50Zone 3 (e) Special Business Zone—general development controls(1)

Land within the Special Business Zone comprises locations which are developed for “commercial strips” or considered suitable for the establishment of complexes for use as trade centres, business parks, office premises or the like.

(2)

The objectives of Zone 3 (e) are as follows:

  • (a)

    to reinforce the existing role of the CBD in Dubbo and its primacy over all other commercial centres in Dubbo and the Region by permitting in the zone only development which does not weaken the role of the central business district (CBD),

  • (b)

    to permit bulky goods retailing in the zone,

  • (c)

    to ensure there is suitable vehicular access for both customers and delivery vehicles and adequate provision of car parking facilities,

  • (d)

    to ensure development in the zone is of a high standard of design,

  • (e)

    to provide a specialist trade centre area for retailers of bulky goods who have similar location and access requirements,

  • (f)

    to facilitate the development of a high quality business park,

  • (g)

    to contain, manage and enhance existing commercial strip development,

  • (h)

    to provide for office premises and certain other non-retail purposes as specified in subclauses (4) and (5) where they will not detrimentally affect the role of any other zone.

(3)

Development for the purpose of the following may be carried out on land within Zone 3 (e) without development consent:

  • environmental conservation; home occupations.

(4)

Development for the purpose of the following may be carried out on land within Zone 3 (e) only with development consent:

  • bulky goods sales rooms or showrooms; business premises; car parks; child care centres; communications facilities; convenience service stations; corner stores; depots; drainage; dwelling houses (but only if ancillary to another lawful use of the land); machinery dealerships (not within the locality known as Industrial Candidate Area No 1 Mitchell/Eulomogo); motor and recreational vehicle dealerships (not within the locality known as Industrial Candidate Area No 1 Mitchell/Eulomogo); office premises; passenger transport terminals; plant nurseries; restaurant rooms (on land that has frontage to Darling Street between Cobra Street and Erskine Street); roads; service stations; utility undertakings; warehouses or distribution centres.

(5)

Development for the purpose of the following may be carried out on land within Zone 3 (e) only with development consent and only after advertising in accordance with clause 20 (2):

  • clubs; community service facilities; cultural centres; fast food outlets; medical consulting rooms; public buildings; recreation facilities; tourist accommodation (where the sites have dual frontage to Bourke and Darling Streets or Bourke and Brisbane Streets); transport depots; vehicle body repair workshops; vehicle repair stations; veterinary hospitals.

(6)

Development not included in subclause (3), (4) or (5) is prohibited on land within Zone 3 (e).

51Floor space limits

The consent authority must not consent to development in Zone 3 (b) or 3 (c) which would result in:

  • (a)

    the ratio of retail floor space in Zone 3 (b) to the retail floor space in Zone 3 (a) exceeding 18:50, or

  • (b)

    the ratio of retail floor space in the Zone 3 (c) to the retail floor space in Zone 3 (a) exceeding 12:50.

52Other controls for Zones 3 (b), 3 (c) and 3 (e)

The consent authority must not consent to development (including any extension of an existing building or complex) on land within Zone 3 (b), 3 (c) or 3 (e) that would result in the retail floor space of the building or complex exceeding 1,000 square metres unless the consent authority has taken into consideration an economic impact assessment which:

  • (a)

    critically examines why the proposed land use cannot or should not be located within the CBD of Dubbo, and

  • (b)

    assesses the economic impact of the proposed development on the CBD in the short, medium and longer terms, and

  • (c)

    critically examines whether the proposal is consistent with the Council’s policy of promoting the CBD as the major retail location in Dubbo.

Division 5Industrial zones53Industrial zonings(1)

The following industrial zones apply as identified on the Zoning Map:

  • 4 (a) Light Industrial Zone

  • 4 (b) General Industrial Zone

  • 4 (c) Special Industrial Zone

(2)

The following clauses give a description of land within the zone, the objectives of the zone and what development is prohibited or may be carried out with or without the consent of the consent authority.

54Zone 4 (a) Light Industrial Zone—general development controls(1)

Land within the Light Industrial Zone comprises existing and potential areas catering for a range of light industry which does not interfere with the amenity of the surrounding area.

(2)

The objectives of Zone 4 (a) are as follows:

  • (a)

    to facilitate land uses that meet the definition of light industry,

  • (b)

    to ensure that industrial development is undertaken in an environmentally sustainable manner,

  • (c)

    to locate land uses appropriately to ensure that they do not adversely impact on the built or the natural environment,

  • (d)

    to allow development which is reasonably ancillary to an established primary industrial use of the land on which the development is to be carried out,

  • (e)

    to enable the development of land for certain non-industrial purposes as specified in subclauses (4) and (5) where they will not compromise the present or future industrial development of land within the zone and will not detrimentally affect the role of any business zone.

(3)

Development for the purpose of the following may be carried out on land within Zone 4 (a) without development consent:

      • (ii)

        the users of goods and services should pay prices based on the costs involved in the full cycle of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,

      • (iii)

        environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

probable maximum flood means the largest flood that could conceivably occur in the Macquarie and Talbragar Rivers system. For the purposes of this plan, it is taken to be equivalent to the “Extreme Flood” having a peak discharge of three times that of the 1% AEP (1 in 100 years) event.

property development plan means a plan that has been prepared by an appropriately qualified consultant, and provides details of such of the following as are relevant to the application:

  • Infrastructure/plant

    • (a)

      specialised machinery to be used in the proposed agricultural use,

    • (b)

      specialised handling, processing and storage facilities for the proposed agricultural use,

    • (c)

      specialised internal fencing suitable for the proposed agricultural use,

    • (d)

      the adequacy of road access within the allotment for the proposed agricultural use,

    • (e)

      the adequacy of the supply of electricity to the allotment and the arrangements for its distribution for the proposed agricultural use and for its connection to any proposed dwelling house,

    • (f)

      the location intended for any proposed dwelling house,

  • Economic function

    • (g)

      the current and proposed agricultural use of the allotment,

    • (h)

      budgets relating to the profit and loss of the proposed agricultural use,

  • Water

    • (i)

      the water allocation that has been obtained and how it is appropriate for the proposed agricultural use,

    • (j)

      the irrigation system and its likely impact on waterways and aquifers,

    • (k)

      drainage works to contain run-off of effluent or chemical residues, or any other substance or material stored or generated on-site that is likely to result in the contamination of surface or groundwaters,

    • (l)

      the impact localised flooding has on the land,

  • Aquifer

    • (m)

      the location of any aquifer, dam, river, creek or other water source situated under or on, or passing through, the allotment,

    • (n)

      the potential impact of the proposed agricultural use on any aquifer, including its impact on groundwater levels and water quality,

  • Soils

    • (o)

      a soil survey identifying the soil capability of the allotment, likely contamination, affected salinity (both on and off-site), and the soil management practices appropriate for the proposed agricultural use, including soil erosion control measures,

    • (p)

      the risk of soil erosion and its likely impact on groundwater and surface water quality,

  • Vegetation

    • (q)

      the impact vegetation clearance may have on the existing habitat of native fauna,

    • (r)

      the risk of bushfire and proposed mitigation measures,

    • (s)

      whether the removal of native vegetation will result in irreparable damage to the vegetation system in the locality.

qualified consultant means a person who possesses tertiary qualifications in agricultural science or land management (or both), has at least 2 years practical experience in that field, and is a member of a professional agricultural, natural resources management or landuse planning association that has a code of ethics.

region means the Orana region.

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 Dubbo 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 City of Dubbo area.

remediation plan refers to a plan, prepared by a consultant accredited by the Environment Protection Authority, which details works required to be undertaken for the restoration of contaminated land.

retail means the sale of commodities to households or ultimate consumers and comprises those uses adopted by the Council, for that purpose, on 21 December 1998 (see clause 98/25 of the report of the Council meeting of 21 December 1998 and attachments A and B to the associated report dated 18 December 1998).

retail floor space means the area of the footprint of a building where the ground floor is used for retailing. It also includes any significant retailing areas that are above or below the ground floor. If the ground floor is not occupied entirely by the retail use then the retail floor space is the area of the footprint of the building less the proportion that is in use by the other non-retail occupants.

subdivision of land has the same meaning as it has in the Act.

sub-region means a subset of the Orana region.

temporary use or structure means a use or structure that is intended to operate or be erected only for a specific period of time or in specific circumstances and that is not intended to continue or remain in place on a permanent basis. Where it involves the erection of any new structure, the structure must be designed, erected and maintained so as to be able to be quickly relocated or dismantled.

the Act means the Environmental Planning and Assessment Act 1979.

total retail floor space means the total retail floor space in Zone 3 (a) in the City of Dubbo as determined by Dubbo City Council on 30 October 2000 and which is calculated to be 64,140 square metres for the purposes of this plan.

transport corridor means the road and rail corridors (including the land up to the adjoining property boundaries) identified as:

  • (a)

    Mitchell Highway (comprised in part of Cobra Street and Victoria Street),

  • (b)

    Newell Highway (comprised in part of sections of Whylandra, Erskine and Bourke Streets),

  • (c)

    Mendooran Road,

  • (d)

    Cobbora Road (also known as the Golden Highway and also comprised in part of sections of Erskine Street),

  • (e)

    Main Western Railway Line,

  • (f)

    Molong Railway Line,

  • (g)

    Coonamble Railway Line,

  • (h)

    Merrygoen Railway Line,

  • (i)

    Boothenba Road,

  • (j)

    Bunglegumbie Road, from the Mitchell Highway to the intersection of Troy Bridge Road, and

  • (k)

    Troy Bridge Road,

on the Zoning Map.

urban development strategy means a written document (which may include maps and plans), and describes a future direction and character for the growth and development of all or part of the City. It also includes specific development strategies for land uses, such as residential, commercial, industrial, institutional and recreational land uses.

waterway means land that is located within 40 metres of the highbank of a river or stream listed in Schedule 6.

wetland means land that is inundated with shallow water (that may be slow moving or stationary, fresh, brackish or saline) for a long enough period (either temporarily or permanently) so that the plants and animals living on or within the land are adapted to, and often dependent on, living in a wet condition for at least part of their life cycle.

Zoning Map means Sheets 1 and 2 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas”, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

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

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 2)

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 4)

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 6)

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 7)

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 8)

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 9)

  • Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 10)—Sheets 1–3

Schedule 2Development by public authorities

(Clause 14)

(1)

The use of existing buildings of the Crown by the Crown.

(2)

The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:

  • (a)

    any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and

  • (b)

    the erection within the limits of a railway station of buildings for any purpose, but excluding:

    • (i)

      the construction of new railways, railway stations and bridges over roads, and

    • (ii)

      the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration so as materially to affect their design of railway stations or bridges, and

    • (iii)

      the formation or alteration of any means of access to a road, and

    • (iv)

      the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.

(3)

The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:

  • (a)

    development of any description at or below the surface of the ground,

  • (b)

    the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the commencement of this plan of any plant or other structures or erections required in connection with the station or substation,

  • (c)

    the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housings, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,

  • (d)

    the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,

  • (e)

    the erection of service reservoirs on land acquired or in process of being acquired for the purpose before the commencement of this plan, provided reasonable notice of the proposed erection is given to the consent authority,

  • (f)

    any other development, except:

    • (i)

      the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or

    • (ii)

      the formation or alteration of any means of access to a road.

(4)

The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:

  • (a)

    the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

(5)

The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purpose of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:

  • (a)

    the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

(6)

The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:

  • (a)

    the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

(7)

The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:

  • (a)

    the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

(8)

The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of a road.

(9)

The carrying out of any forestry work by the Forestry Commission or a school forest trust empowered under any relevant Act to undertake afforestation, road building, protection, cutting and marketing of timber, and other forestry purposes under any such Act or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.

(10)

The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except:

  • (a)

    the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or

  • (b)

    any development designed to change the use or purpose of any such reserve.

(11)

The carrying out or causing to be carried out by a council engaged in flood mitigation works or by officers of the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:

  • (a)

    the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or

  • (b)

    the formation or alteration of any means of access to a road.

(12)

The use of land for the purpose of construction and development of roads, drainage and public infrastructure services.

Schedule 3Additional uses of land

(Clause 16)

Land known before the appointed day as:

  • Land within Zone 3 (e) known as lot 2522 DP 854382—fast food outlets as part of development of the site as a trade centre and sited in accordance with an approved structure plan for the entire development

  • Lots 14, 15 and 16 DP 242992—subdivision of each lot along the boundary between Zones 1 (b) and 4 (b) and the erection of one dwelling on each resulting allotment within Zone 1 (b)

  • Lots 8, 53 133 DP 753233 Narromine Road—erection of one dwelling per lot

  • Lots 307 and 423 DP 754308—erection of one manager’s dwelling on the land formed by the consolidation of the two lots

  • Land within Zone 2 (a) and fronting the south side of Cobra Street between Sterling and Palmer Streets, and land fronting Whylandra Street—motels (and including restaurants ancillary to motels), subject to advertising in accordance with clause 20 (2)

  • Lot 262 DP 599849—subdivision to create one additional lot of between 10 and 30 hectares in area at the northern extremity of the lot and the erection of one dwelling on that new lot

  • Lot 1 DP 795554, Victoria Street (east)—erection and use of bulky goods sales room or showroom or business premises, subject to satisfying the particular traffic and access issues associated with the site

  • Lots A, B and C DP 389677 and cnr lot A DP 371834, 328–330 Fitzroy Street (cnr Boundary Road)—erection and use of a tavern

  • Lot B, DP 162468 (Strata Plan No 19646), 92–94 Brisbane Street—light industry involving food processing/manufacturing

  • Lot 24 DP 811060, Dunedoo Road—development for the purpose of a Police and Citizens Youth Club

  • Lot 2 DP 575904, Nulla Road—erection of a single dwelling house

  • Lot 4 DP 632996 Nulla Road—erection of a single dwelling house

  • Those parts of lots 101 and 102, DP 546974, and lot 234 DP 812205 within Zone 6 (b), and lots 1, 2 and 3 DP 73084 within Zone 3 (e) in Erskine Street—bed and breakfast accommodation, guest houses or hostels, motels, restaurant or any other use allowed (with or without development consent) on land within Zone 3 (e), subject to the consent authority being satisfied that:

    • (a)

      the lots are developed in conjunction with each other, and

    • (b)

      (Repealed)

    • (c)

      no development other than uses ancillary to the development, such as car parking or landscaping or both) is proposed on or over lot 101 or lot 102 DP 546974, and

    • (d)

      appropriate and adequate measures are taken in the design of structures and the management and use of the land that reflects the degree of hazard, and

    • (e)

      any building on the subject land will be constructed so that the underside of the floor slab and cross beams (transverse beams) and any associated services and ducting are above the known 1-in-100 year flood level, and

    • (f)

      traffic impacts will be minimised, and

    • (g)

      the visual amenity of the area will be preserved or enhanced having regard to the impact of the development on and from the river corridor

  • Lots 7, 127–132, 158 and 198 DP 753233, lot 2 DP 800756 and lots 1 and 2 DP 34229, Obley Road—development resulting in only one dwelling house on each allotment, subject to the Council being satisfied that:

    • (a)

      each allotment on which a dwelling house is erected is being, or is intended to be, used for the purpose of sustainable intensive agriculture consistent with a property development plan, and

    • (b)

      use of the dwelling house will be ancillary to the use of the allotment for that purpose, and

    • (c)

      the dwelling house will be occupied by persons employed or engaged in that intensive agriculture on the allotment, and

    • (d)

      the dwelling house will be the only dwelling on the allotment, and

    • (e)

      the dwelling house will be erected within a building envelope approved by the consent authority and in a location that:

      • (i)

        has been approved by the consent authority for the disposal of household effluent, and

      • (ii)

        is above the flood standard adopted by the consent authority, and

      • (iii)

        has reasonable access to a road and to a power supply, and

      • (iv)

        will minimise adverse effects on the efficient use of the allotment and adjoining allotments for the purpose of intensive agriculture, and

      • (v)

        has a setback to a public road of at least 20 metres, and

    • (f)

      an irrigation system is in place for use in the intensive agriculture proposed to be carried out on the land, or the land comprises an allotment on which, but for the completion of a minor subdivision or boundary change under clause 13 (2), a dwelling house would be able to be erected, and

    • (g)

      at least three of the following have already been or will be provided in conformity with a property development plan for the allotment:

      • (i)

        specialised machinery suitable for the proposed agricultural use,

      • (ii)

        specialised handling, processing and storage facilities available for the proposed agricultural use,

      • (iii)

        specialised internal fencing on the allotment suitable for the proposed agricultural use,

      • (iv)

        adequate road access to and within the allotment, taking into account its use for intensive agriculture and for the proposed dwelling house,

      • (v)

        an adequate electrical distribution system providing electricity for the proposed agricultural use

  • Lots A and B DP 346429, 100–102 Bultje Street—medical consulting rooms

  • Lot 3 DP 258008, 56 Wheelers Lane (designated as “Orana Mall” on the Zoning Map) within Zone 3 (b)—a 200 square metre fast food outlet that exceeds the maximum floorspace ratio allowed by clause 51.

  • Land that is comprised in one lot (being land that before the appointed day was known as Lot 1 Section 3 DP 758201, Lot 233 DP 822451 or Lot 331 DP 754308)—development for the purpose of any of the following:

    • (a)

      bed and breakfast accommodation, but only if the development is ancillary to the use of the land as a vineyard,

    • (b)

      no more than two self-contained cabins for the short term accommodation of tourists, but only if the development is ancillary to the use of the land as a vineyard,

    • (c)

      a wine tasting or refreshment area, but only if the development is ancillary to the use of the land as a winery.

  • Lot A or B DP 346429, 100–102 Bultje Street—development for the purpose of medical consulting rooms.

  • Lot 200 DP 1037184, Wingewarra Street (“Apex Oval” site)—development for the purpose of a club or restaurant room.

  • That part of Lot 11, DP 830646, bounded by Baird Drive, Minore Road and Carnegie Avenue, Dubbo, that is within Zone 3 (c)—development for the purpose of a neighbourhood shopping complex where the maximum floor space does not exceed:

    • (a)

      5,500m2 for the whole complex, and

    • (b)

      2,500m2 for any supermarket situated within the complex, and

    • (c)

      3,000m2 for development for purposes that are permitted with development consent in Zone 3 (c).

Schedule 4

(Repealed)

Schedule 5Heritage itemsNote—

The map marked “Heritage Items” identifies each of the following items by the relevant heritage item (H) number specified in the following table. The map is held in the office of the Council.

Street

No

Name

Item

Lot

Sec

DP

Council Parcel Identifier

State Heritage Inventory No

Level of Heritage Significance

Heritage Item (H) Number

Belmore Street

7

House

8

5

907

8394

1520242

Local

H1

Bishop Street

1

Shop front

A

337776

8420

1520245

Local

H2

19

Brick house

N

383165

8431

1520404

Local

H3

Bourke Street

“Ranelagh”

Brick house curtilage

518

603598

6972

1520254

Local

H4

“Tantallon”

Rendered rammed earth house

21

715331

6974

1520103

Local

H5

106

Brick house

18

5855

7032

1520264

Local

H6

108

Brick house

17

5855

7033

1520266

Local

H7

110

House, garden &fence

16

5855

7034

1520267

Local

H8

122

“Eastonville”

Brick house

17

20

1541

9076

1520123

Local

H9

135

Brick cottage

6

18

758361

9111

1520270

Local

H10

137

Brick cottage

1

996193

9112

1520271

Local

H11

Brisbane Street

72

“Old Macquarie Brewery”

Victorian stone building

2

580341

9498

1520279

Local

H12

79

“Hub of the West Lodge”

Brick house (now motel/guest house)

781

997786

9520

1520275

Local

H13

81

Timber cottage

1

783042

9521

1520276

Local

H14

101–105

Ben Furney Flour Mills

Assorted buildings

100

808182

16173

1520278

Local

H15

137

Dubbo Courthouse

Courthouse, curtilage &fence

7

40398

9774

1520280

Local

H16

15

4

758361

9775

142

Dubbo Lands Office

Two storey timber &iron building

3

11

758361

9741

1520293

Local

H17

144

Two storey brick building

1

11

10863

9742

1520294

Local

H18

156

Holy Trinity Anglican Church

Stone church buildings

6

10

758361

9749

1520297

Local

H19

7

10

758361

21946

161

Commercial Hotel

Hotel building

A

164067

9787

1520281

Local

H20

162

Brotherhood House

Residential building

5

10

758361

9750

1520298

Local

H21

169

“Westbury”

Two storey house

3

507416

9793

1520138

Local

H22

200

St Brigids Catholic Church

Sandstone church building &curtilage

8

8

758361

9761

1520299

Local

H23

200

Catholic Presbytery

Two storey brick building

6

8

758361

9763

1520300

Local

H24

201

Brick cottage

1

794729

9809

1520285

Local

H25

203

“Aberdour”

Brick cottage

1

794604

9810

Local

H26

234

“Araluen”

Weatherboard cottage

1

137398

21496

1520301

Local

H27

236

“Moira”

Weatherboard cottage

1

136745

8456

1520302

Local

H28

270

House

2

A

9489

8480

1520304

Local

H29

Bultje Street

41–45

Convent of Mercy

Two storey brick building

9

758361

9853

1520305

Local

H30

52

“Iownit”

Brick house

5

6604

9829

1520310

Local

H31

104

Brick house

A

390552

9134

1520312

Local

H32

105

Brick house

6

491

9177

1520308

Local

H33

7

491

9178

108

Brick house

2

225613

9136

1520314

Local

H34

114

“Dalkeith”

Brick cottage

5

225613

9139

1520317

Local

H35

117

“Pretoria”

Brick house &fence

4

978043

6603

1520309

Local

H36

122

“Hazeldene”

Brick house

2

579472

9143

1520140

Local

H37

Bunglegumbie Road

6R

“Mount Olive”

Stone cottage

3

250606

11958

1520494

Local

H38

Buninyong Road

Old Buninyong School

Former school building

302

754308

5341

1520480

Local

H39

Cadell Street

6

Brick bungalow

12

740060

21977

1520320

Local

H40

Carrington Avenue

40

“Mayville”

Weatherboard cottage

12

9

2335

9861

1520321

Local

H41

Church Street

31–33

Former Masonic Hall

Two storey brick commercial building

12

531603

9917

1520328

Local

H42

36

Salvation Army Citadel

Brick building

1

67318

9896

1520331

Local

H43

64–66

“The Drop Inn”

Brick “Drop Inn” building

A

376141

15522

1520333

Local

H44

Wesley Centre Uniting Church

Brick church building

Local

H45

Cobra Street

44

“The Sheiling”

Brick semi-detached dwelling

A

406488

9939

1520338

Local

H46

46

“...onbar”

Brick semi-detached dwelling

B

406488

9940

1520338

Local

H47

91

“Yandoya”

House

3

6278

8584

Local

H48

121

Brick house

A

191927

8593

1520337

Local

H49

Cooreena Road

4R

“Dubbo City Airport”

Airport facility &associated infrastructure

8

1022049

20590

Local

H50

Crum Avenue

7

Stone house

1

207464

931

1520340

Local

H51

Dalton Street

18B

“Lowana”

Brick bungalow

31

1053233

21369

1520341

Local

H52

Darling Street

54

Weatherboard bungalow

3

37494

9539

1520345

Local

H53

75

Brick house &fence

5

14

758361

9572

1520344

Local

H54

82

Two storey brick terrace dwelling

21

16

595680

9551

1520346

Local

H55

84

Two storey brick terrace dwelling

22

16

595680

9552

1520346

Local

H56

86

Two storey brick terrace dwelling

23

16

595680

9553

1520346

Local

H57

106

Stone cottage

4

1006205

20316

Local

H58

111

Stone house

701

1020026

9583

Local

H59

116

Old Fire Station

Two storey brick fire station building

1

1038705

9231

1520357

Local

H60

179

Dubbo Public School Principal’s Residence

Brick house

12

10

758361

21644

1520349

Local

H61

181

Dubbo Public School

Brick school buildings

1

724331

9958

1520351, 1520142, 1520350, 1520352, 1520150

State

H62

207

Rendered ashlar coursing cottage

1

9

3138

9965

1520354

Local

H63

209

Two storey brick terrace dwelling

A

9

435243

9966

1520355

Local

H64

211

Two storey brick terrace dwelling

B

9

435243

9967

1520355

Local

H65

212

House

C

398000

8618

1520362

Local

H66

213

Two storey brick terrace dwelling

C

9

435243

9968

1520355

Local

H67

215

Two storey brick terrace dwelling

D

435243

9969

1520355

Local

H68

224

Brick bungalow &fence

80

555353

8624

1520363

Local

H69

331

House

102

569156

8674

1520358

Local

H70

Dulhunty Avenue

12

Bungalow

20

79

10150

7856

1520367

Local

H71

Dunedoo Road

Beni Church

Church building

74

754287

18799

1520477

Local

H72

Erskine Street

21

Timber bungalow

1

329002

9616

1520368

Local

H73

28–32

Brick building &fence

8

A

2699

9599

1520370

Local

H74

45

Former Police station and residence

Brick building

701

1020026

9583

1520369

Local

H75

62–66

Western Star Hotel

Brick hotel building

513

878055

19770

Local

H76

68

Semi-detached housing building

514

878055

19771

1520371

Local

H77

Eulomogo Road

24L (see also Pinedale Road)

Pise house

65

754287

12702

Local

H78

Fitzroy Street

68

Rendered cottage

17

710

7136

1520373

Local

H79

120

Stone cottage

3

1

286

7156

1520374

Local

H80

146

Timber cottage

2

2

286

7169

1520375

Local

H81

Dubbo Showground

Old grandstand

310

754308

6716

1520377

Local

H82

169

Brick bungalow

10

24

589

7216

1520376

Local

H83

225

Fibro/ weatherboard shop building

3

11646

8693

1520378

Local

H84

253

Brick house

89

730974

17038

1520382

Local

H85

261

“Tutuila”

Weatherboard house

A

414981

8710

1520383

Local

H86

Gipps Street

123

Brick cottage

A

1165

9327

1520400

Local

H87

125

Brick house

1

904148

21930

1520401

Local

H88

125A

127

Brick cottage

Local

H89

131

Two storey brick house

1

347462

9339

1520399

Local

H90

148

Brick bungalow

3

9051

8721

1520405

Local

H91

155

Brick bungalow

1

321360

15621

1520404

Local

H92

178

Brick house

2

307406

8742

1520407

Local

H93

188

“Belmont”

Brick house

B

398171

8746

1520408

Local

H94

Hennessy Road

“Holmwood”

Brick house &former schoolhouse

1341

787623

1

1520491

Local

H95

1342

787623

Jannali Road

World War II military fuel depot

1

431554

6252

Local

H96

Jubilee Street

34

Timber cottage

A

392233

3254

Local

H97

Macleay Street

37

Brick house

6

999302

9671

1520413

Local

H98

68

Brick semi-detached dwelling

A

406931

7302

1520414

Local

H99

70

Brick semi-detached dwelling

B

406931

7303

1520414

Local

H100

72

Timber cottage

7

469

7304

1520415

Local

H101

Macquarie Street

69–79

“Macquarie Chambers”

Two storey commercial building

2

654866

16727

1520417

Local

H102

3

654867

10065

87–89

Westpac Bank

Two storey commercial building

10

758361

10068

1520418

Local

H103

98

Old Post Office

Two storey commercial building with clock tower

101

833808

17674

1520071

Local

H104

110–114

National Australia Bank

Two storey commercial building

1

995606

10007

5045275

State

H105

116–120A

“Colonial Mutual”

Three storey commercial building

1

607846

10008

5045497

State

H106

131–135

“Commercial Union Assurance”

Two storey commercial building

1

1012065

10082

1520421

Local

H107

146–162

“The Western Stores”

Two storey department store building

5

5

758361

10022

1520430

Local

H108

1

906696

10021

193

Old Shire building

Two storey stone commercial building

51

591672

10094

1520008

State

H109

195–197

“Kemwah”

Two storey brick commercial building

11

601633

10095

1520423

State

H110

215

Brick house

9

2

475

10103

1520424

Local

H111

“Old Dubbo Gaol”

Assorted stone buildings &timber structures, including residence

4

40398

10003

1520070

Local

H112

228–234

Formerly “Dubbo Museum”

Two storey masonry commercial building

1

545488

10529

1520431

Local

H113

302

Brick house

14

A

32693

8836

1520532

Local

H114

342

Brick bungalow

1

166714

8846

1520441

Local

H115

380

“Cardiff”

Brick house

21

595176

8034

1520443

Local

H116

385

“Regand Park”

Brick house

9

545272

8325

1520053

Local

H117

Mitchell Street

4

Rendered cottage

3

816639

16898

1520533

Local

H118

6

Brick cottage

2

816639

16897

1520446

Local

H119

Myall Street

29

Brick house

6

37776

9693

1520141

Local

H120

34

Brick house

12

37456

9689

1520450

Local

H121

160

Brick cottage

5

12828

7441

1520452

Local

H122

170

Dubbo Base Hospital

Two storey brick hospital building

32

747737

7443

3540096

Local

H123

Nancarrow Street

8

“Bonnie-Rigg”

Brick house

4

2

9744

8904

1520452

Local

H124

Obley Road

21L

“Cootha”

Stone house

9

753233

12266

1520482

Local

H125

23L

“Dundullimal”

Timber slab homestead building, timber shed and stone stables

1

800756

15307

1520017, 1520486, 1520518, 1520517

State

H126

Old Dubbo Road

“Old Dubbo Homestead”

House site including visible wall

31

738069

12593

1520519

Local

H127

2R

“Miriam”

Weatherboard house

2

807767

4064

1520492

Local

H128

Palmer Street

“RAAF Stores Depot”

Corrugated iron hangars, corrugated iron storage sheds, other buildings, underground communications bunker

11

1050240

21324

1520148

State

H129

Pinedale Road

(see also Eulomogo Road)

Pise house

65

754287

12702

Local

H78

Quinn Street

7

Brick bungalow

15

2

6277

8966

1520456

Local

H130

11

Masonry cottage

13

2

6277

8968

1520457

Local

H131

14

Brick cottage

13

529558

8947

1520175

Local

H132

15

Brick cottage

2

2

6278

8970

1520459

Local

H133

16

Brick bungalow, fence &gate

1

210658

8948

1520176

Local

H134

19

Brick house

4

2

6278

8972

1520460

Local

H135

20

Weatherboard/ fibro bungalow

10

1

6278

8950

1520177

Local

H136

23

“Westcliff”

Brick house

6

2

6278

8974

1520461

Local

H137

31

Brick bungalow

7

2

9051

8978

1520463

Local

H138

Short Street

12

Brick house

10

41

758361

6843

1520181

Local

H139

Smith Street

13

Brick bungalow

21

A

32693

9015

1520185

Local

H140

16

Brick bungalow, garden &front fence

1

D

33637

9001

1520187

Local

H141

Talbragar Street

79–97

Castlereagh Hotel

Two storey brick hotel building

11

4

758361

21790

1520189

Local

H142

112–120

Pastoral Hotel

Two storey brick hotel building

2

82915

10137

1520191

Local

H143

Old Station Master’s Residence (adjacent to Dubbo Railway Station)

Two storey stone building

2

1006205

20314

1520192

Local

H144

Dubbo Railway Station

Stone railway station building

754308

18775

1520096

State

H145

Tamworth Street

27

Brick bungalow, fence &gates

3

10150

8256

1520199

Local

H146

39

Brick bungalow

91

591302

8262

1520202

Local

H147

44

Brick bungalow, front fence &gardens

13

249150

9040

1520209

Local

H148

14

249150

9041

45

Brick bungalow, front fence &gardens

3

15230

8265

1520203

Local

H149

47

“Chesney”

Brick house

4

15230

8266

1520204

Local

H150

63

“Waratah” (formerly “Baringa”)

Brick house

340

718588

8277

1520205

Local

H151

69

Brick bungalow &garden

1

323434

8279

1520206

Local

H152

Taylor Street

62

Brick house

11

510310

3765

1520197

Local

H153

Thorby Avenue

8

Weatherboard house &front fence

1

516023

8286

1520210

State

H154

Wellington Road

World War II communications bunker/hut

120

660001

12626

Local

H155

Wingewarra Street

72

St Andrews Church

Brick/stone church building

19

1062953

21642

1520216

State

H156

St Andrews Church

Brick church hall building

1520218

State

H157

83

CWA Rooms

Brick building

9

9

2389

10213

1520212

Local

H158

93

Brick semi-detached dwelling

1

350237

10219

1520214

Local

H159

95

Brick semi-detached dwelling

1

668818

10220

1520214

Local

H160

133

Brick house &garden

10

872973

20226

1520219

Local

H161

149

Brick house &garden

1

20

1541

9418

1520221

Local

H162

173

“Weeroona”

Brick house

1

1

10770

9431

1520223

Local

H163

Other

Macquarie River Rail Bridge (west of railway station)

Iron lattice girder bridge

1520527

State

H164

Schedule 6Waterways

(Schedule 1)

Beni Creek

Cumboogle Creek

Eulomogo Creek

Mogriguy Creek

Sandy Creek

Troy Creek

Whylandra Creek

Macquarie River

Talbragar River

Schedule 7Potential archaeological sites

(Schedule 1)

Editorial note—

This Schedule is blank until material is inserted in accordance with the definition of potential archaeological site in Schedule 1.

Schedule 8Classification and reclassification of public land as operational land

(Clause 17A)

Part 1Interests not changed

Column 1

Column 2

Locality

Description

Dubbo

Wheelers Lane (near Birch Avenue) and Cobra Street (Mitchell Highway)

Land comprising driveways, as shown hatched on Drawing No 6817–L01 prepared by Barnson Engineers on 13 January 2004 and marked “Reclassification of Access Driveways Dubbo LEP 1998 Amendment No 5” deposited in the office of the Council.

Corner of Baird Drive and Minore Road

Lots 6271 and 6272, DP 1131486, as shown edged heavy black on Sheet 5 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 10)”.

Part 2Interests changed

Column 1

Column 2

Column 3

Locality

Description

Trusts etc not discharged

Dubbo

Fitzroy Street

Lot 24, DP 715331, as shown edged heavy red and coloured light green or light purple on Sheet 2 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 5)”.

Nil.

Fitzroy Street (near Johnson Street)

Lot 10, DP 258615, as shown edged heavy red and coloured light purple on Sheet 2 of the map marked “Dubbo Local Environmental Plan 1998—Urban Areas (Amendment No 5)”.

Nil.

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