Environmental Planning and Assessment Model Provisions 1970 (NSW)

1A

This Schedule of provisions may be cited as the Environmental Planning and Assessment Model Provisions 1970.

1(1)

Unless inconsistent with the context or subject matter of the Interim Development Order:

Agriculture has the meaning ascribed to it in section 514A of the Act.

Airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of such passengers and goods either to or from an aerodrome.

Arterial road means a road shown as such on an interim development control map referred to in an interim development order.

Bulk store means a building or place used or intended for use for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

Bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

Bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

Car repair station means a building or place used or intended for use for the purpose of carrying out repairs to motor vehicles or agricultural machinery, not being:

• (a)

  body building,

• (b)

  panel beating which involves dismantling, or

• (c)

  spray painting other than of a touching up character.

Child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

• (a)

  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990, and

• (b)

  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

church means any place of public worship, whether in the Christian tradition or otherwise.

Club means a building used or intended for use by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purpose whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club licensed under Part 10 of the Liquor Act 1912.

Commercial premises means a building or place used or intended for use as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause or for a roadside stall.

Dwelling-house means a building intended for use as a dwelling for a single family, together with such outbuildings as are ordinarily used therewith, and includes a dwelling in a row of two or more dwellings attached to each other such as are commonly known as semi-detached or terrace buildings.

Educational establishment means a building used or intended for use as a school, college, technical college, academy, lecture hall, gallery, or museum, but does not include a building used or intended for use wholly or principally as an institution.

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

Extractive material means sand, gravel, clay, turf, soil, rock, stone and similar substances.

Forestry includes arboriculture, sylviculture, forest protection, the cutting, dressing and preparation other than in a sawmill of wood and other forest products and the establishment of roading required for the removal of wood and forest products and for forest protection.

General advertising structure has the meaning ascribed to it in Ordinance No 55 under the Act.

General store means a shop used or intended for use for the sale by retail of general merchandise whether or not it includes facilities of a post office.

Generating works means a building or place used or intended for use for the purpose of making or generating gas, electricity or other forms of energy.

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

• (a)

  a podiatrist registered under the Podiatrists Registration Act 1989, and

• (b)

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

• (c)

  a physiotherapist registered under the Physiotherapists Registration Act 1945, and

• (d)

  an optometrist registered under the Optometrists Act 1930.

Home industry means industry carried on in a building, not being a dwelling-house or dwelling in a residential flat building, under the following circumstances:

• (a)

  the building does not occupy a floor space exceeding 300 square feet and is erected within the curtilage of the dwelling-house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by such person,

• (b)

  the industry does not interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,

• (c)

  the industry does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and

• (d)

  the industry does not require the provision of any essential service main of a greater capacity than that available in the locality.

Home occupation means an occupation carried on in a dwelling-house, or a dwelling in a residential flat building by the permanent residents of the dwelling-house or such dwelling which does not involve any of the following:

• (a)

  the registration of the building under the Factories, Shops and Industries Act 1962,

• (b)

  the employment of persons other than such residents,

• (c)

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

• (d)

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

• (e)

  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

Hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

• (a)

  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

• (b)

  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

Hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.

Industry means:

• (a)

  any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962,

• (b)

  the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business, or

• (c)

  the winning of extractive material.

Institution means a penal or reformative establishment.

Junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery and for the sale of parts thereof.

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

Liquid fuel depot means a depot or place used or intended for use for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquids.

Main road means a main road within the meaning of the Main Roads Act 1924.

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

Motel means a building or buildings, not being a hotel or a residential building, substantially used or intended for use for the overnight accommodation of travellers and the vehicles used by them whether or not the building or buildings are also used or intended for use in the provision of meals to such travellers or the general public.

Motor showroom means a building or place used or intended for use for the display or sale of motor vehicles and accessories.

Offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.

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

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

Professional consulting rooms means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling-house and used or intended for use by one legally qualified medical practitioner, or by one dentist within the meaning of the Dentists Act 1934, who practises his profession therein as a sole practitioner or in partnership with not more than two other practitioners, practising the same profession, and he or the partnership, as the case may be, employs not more than three employees in connection with the practice.

Public building means a building used or intended for use as offices or for administrative or other like purposes by the Crown, a statutory body representing the Crown, a council or by organizations established for public purposes.

Public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act, that is to say:

• (a)

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

• (b)

  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and any reference to a person carrying on any public utility undertaking shall be deemed to include a reference to a council, county council, Government Department, corporation, firm or authority carrying on such undertaking.

Refreshment room means a restaurant, cafe, tea-room, eating-house or the like.

Residential building means a building used or intended for use as a residential flat building, a boarding-house, a lodging-house or a hostel, but does not include a motel.

Residential flat building means a building containing two or more flats, but does not include a row of two or more dwellings attached to each other such as are commonly known as semi-detached or terrace buildings and Flat means a room or suite of rooms occupied or used or so constructed, designed or adapted as to be capable of being occupied or used as a separate domicile.

Road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport such goods and for the parking, servicing and repair of such vehicles.

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

Sawmill means a mill handling, cutting and processing timber from logs or baulks.

Service station means a building or place used or intended for use for the fuelling of motor vehicles involving the sale by retail of petrol, oils and other petroleum products whether or not the building or place is also used or intended for use for any one or more of the following purposes:

• (a)

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

• (b)

  washing and greasing of motor vehicles,

• (c)

  installation of accessories,

• (d)

  repairing and servicing of motor vehicles involving the use of hand tools provided that such repairing and servicing shall not include top overhaul of motors, body building, panel beating, spray painting or suspension, transmission or chassis restoration.

Shop means a building or place used or intended for use for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause or for a roadside stall.

Stock and sale yard means a building or place used or intended for the purpose of offering animals for sale and includes a public cattle market.

The Act means the Local Government Act 1919.

Transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.

Utility installation means a building or work intended for use by a public utility undertaking but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

Warehouse means a building or place used or intended for use for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

(2)

The substitution or amendment of a definition in this clause does not have the effect of prohibiting the carrying out of development that was being lawfully carried out immediately before the definition was substituted or amended.

2

Notwithstanding the provisions of the interim development order, but subject to any express conditions contained therein or the context or subject-matter otherwise requiring, the following development may be carried out:

• (1)

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

  • (a)

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

  • (b)

    the erection of any buildings outside the limits of a railway or railway station,

  • (c)

    the erection within the limits of a railway station, but not wholly within the interior of a station, of residential buildings, offices or buildings (hereinafter referred to as factory buildings) to be used for manufacturing or repairing work,

  • (d)

    the construction or alteration of buildings outside the limits of a railway or railway station and the reconstruction or alteration, so as materially to affect the design or external appearance thereof, of railway stations or bridges or of residential buildings, offices or factory buildings within the limits of a railway or railway station, but not wholly within the interior of a station,

  • (c)

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

• (2)

  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 ways, buildings, works and plant, except:

  • (a)

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

  • (b)

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

• (3)

  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, so as materially to affect the design or external appearance thereof, of buildings,

  • (b)

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

• (4)

  The carrying out by persons carrying on public utility undertakings, being wharf, harbour 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 harbour 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, except:

  • (a)

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

  • (b)

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

• (5)

  The carrying out by persons who are carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings, 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, so as materially to affect the design or external appearance thereof, of buildings,

  • (b)

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

• (6)

  The carrying out by persons who are carrying on public utility undertakings, being water, hydraulic power, electricity and gas undertakings, of any of the following development, being development required for the purpose of their undertakings, that is to say:

  • (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 provisions of the Interim Development Order became applicable to the land on which the building is erected or premises are situated of any plant or other structures or erections required in connection with the station or sub-station,

  • (c)

    the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant, 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 brickwork,

• • (d)

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

  • (e)

    the erection by the Metropolitan Water Sewerage and Drainage Board or the Hunter District Water Board, as the case may be, of service reservoirs on land acquired or in process of being acquired for the purposes thereof before the provisions of the Interim Development Order became applicable to such land, provided reasonable notice of the proposed erection was given to the Council,

  • (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 the design or external appearance thereof, of buildings,

    • (ii)

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

• (7)

  The carrying out by the owner or lessee of a mine, in existence at the appointed day, on the mine, of any development required for the purposes of the mine, except:

  • (a)

    the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension, so as materially to affect the design or external appearance thereof, of buildings,

  • (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 improvement, maintenance or repair of watercourses or drainage works and the construction by the Metropolitan Water Sewerage and Drainage Board or the Hunter District Water Board, as the case may be, of any stormwater channel commenced before the provisions of the Interim Development Order became applicable to the land, provided the Board has given the Council reasonable notice of its intention to construct such stormwater channel.

• (9)

  The carrying out by the Metropolitan Water Sewerage and Drainage Board or the Hunter District Water Board, as the case may be, of any development required in connection with the provision, improvement, maintenance and repair of sewers (other than sewage treatment works) upon, below or above the surface of the ground, provided the Board has given the Council reasonable notice of its intention to carry out such development.

• (10)

  The carrying out of any development required in connection with the reconstruction, maintenance or repair of roads within the existing limits of such roads: Provided that such reconstruction shall not be carried out with a view to altering the classification of any road.

3

Any application for permission to carry out interim development shall be made in writing to the Council and shall be accompanied by the following:

• (a)

  if the application is for permission to use a building or work or to use land, a plan in triplicate sufficient to identify the land to which the application relates and particulars in writing of the purpose of which the building, work or land is used at the date of the application and the purpose for which permission is sought,

• (b)

  if the application is for permission to use a building or work or for permission to use land, a plan in triplicate sufficient to identify the land to which the application relates and showing the location of the building or work in relation to the boundaries of the site and to other buildings thereon and particulars, illustrated by plans and drawings in duplicate, sufficient to describe the building or work and the purpose for which it is to be used,

• (c)

  if the application is for permission for the alteration or extension of a building or work, a plan in triplicate sufficient to identify the land to which the application relates and showing the relation of the building or work to the boundaries of the site and to other buildings thereon and the proposed alterations or extensions thereof and particulars illustrated by plans and drawings in triplicate sufficient to describe the proposed alterations and extensions,

• (d)

  if the application is by a person other than the owner, the consent in writing of the owner:

Provided that where, in pursuance of the provisions of the interim development order, the responsible authority is required to refer the application to the Minister or to a Government Department, such application shall be accompanied by sufficient additional copies of the aforesaid plans and particulars as are necessary to enable such reference to be made.

4

In any case where in pursuance of the Act (except Part 12A thereof) or of an Ordinance made under the Act (except the said Part) an application is made for approval to erect a building or for approval of building plans or for approval to open a public road or a public way or to subdivide land and such application has not been determined prior to the date upon which the provisions of the interim development order became applicable to the land to which the application relates, such application, if accompanied by such plans, particulars, maps and drawings as are required in the case of an interim development application and, if the proposed development is not development which is permitted by the interim development order, shall be deemed to be an interim development application under the interim development order and shall be dealt with accordingly.

5

In respect of any application to carry out development which may not be carried out except with the consent of the Council, the Council shall take into consideration:

• (a)

  the character of the proposed development in relation to the character of the development on the adjoining land and in the locality,

• (b)

  the size and shape of the parcel of land to which the application relates, the siting of the proposed development and the area to be occupied by the development in relation to the size and shape of the adjoining land and the development thereon,

• (c)

  any detailed plan or design adopted by resolution of the Council for the development of the locality,

• (d)

  the existing and future amenity of the neighbourhood,

• (e)

  the circumstances of the case and the public interest,

• (f)

  the provisions of the Interim Development Order, and

• (g)

  to the extent to which they are not inconsistent with the provisions of the Interim Development Order, the provisions of the scheme in course of preparation.

6(1)

A building or work shall not be erected or used and land shall not be used for the purpose of a service station or car repair station unless:

• (a)

  the site is more than 300 feet from the junction or intersection of a county road, an arterial road or a main road with another county road, an arterial road or a main road,

• (b)

  where the site has frontage to a county road, an arterial road or a main road:

  • (i)

    (Repealed)

  • (ii)

    where the site is not a corner lot the frontage to such road is not less than 125 feet, or, where the site is a corner lot, the frontage to such road is not less than 100 feet,

• (c)

  where the site has frontage to a road other than a county road, an arterial road or a main road such frontage is not less than 100 feet,

• (d)

  the width of a vehicular crossing over a footpath is less than 30 feet,

• (e)

  any vehicular crossing over a footpath is not closer than 20 feet to a road intersection,

• (f)

  separate entrances to and exits from the site are provided and such entrances and exits are separated by physical barriers constructed on the road alignment and so identified by suitable signs readily visible to persons using the adjoining road or entering upon or leaving the site,

• (g)

  where the site is a corner lot and if the Council so requires separate entrances and exits are provided to and from each of the adjoining roads and a physical barrier is erected so that a vehicle entering the site must, when leaving it, use an exit leading only to the road from which entrance was gained.

(2)

A building or work shall not be erected or used and land shall not be used for the purpose of a service station unless in addition to the other requirements of this clause:

• (a)

  inlets to bulk fuel storage tanks are so situated on the site as to ensure that tankers, while discharging fuel into such tanks, shall stand wholly within the site,

• (b)

  fuel pumps are within the site and not closer than 12 feet to the road alignment,

• (c)

  the layout of the site is such as to facilitate the movement of vehicles entering upon or leaving the site with the flow of traffic on the adjoining road, and

• (d)

  vehicular access to or from the site from or to an adjoining road is not situated closer than 80 feet to any traffic lights on such road.

7(1)

The Council shall not consent to the erection or use of a building for the purpose of a residential flat building on a site having frontage to an arterial road unless provision is made within the site for:

• (a)

  vehicular parking space of an area of not less than 18 feet by 8 feet for each flat within the building, and

• (b)

  proper vehicular access to such parking space.

(2)

For the purposes of subclause (1) of this clause vehicular parking space shall be deemed to include any garage or court available for use by vehicles.

8

Any consent of the Council given under an interim development order shall be void if the development to which it refers is not substantially commenced within twelve months after the date of the consent: Provided that the Council may, if good cause be shown, grant annual extensions or renewals of such consent beyond such period up to a further period of three years.