Glen Innes Local Environmental Plan 1991 (NSW)
This plan may be cited as Glen Innes Local Environmental Plan 1991.
The principal aims of this plan are:
(a) to encourage the proper management, development and conservation of natural and man-made resources in the Municipality of Glen Innes for the purposes of promoting the social and economic well-being of the community and the protection of the environment, and
(b) to up-date, rationalise and consolidate into a single planning instrument the planning controls applicable immediately before the appointed day to the Municipality of Glen Innes.
The particular aims of this plan are, in relation to the following matters:
(a) economic base—to protect and improve the economic base,
(b) hazard reduction—to ensure that all land development is protected from, and does not contribute towards, potential hazards,
(c) heritage conservation—to ensure conservation of items of environmental heritage and visual importance,
(d) environmental protection—to ensure the protection of areas of environmental significance,
(e) movement systems—to maintain the safety and efficiency of movement systems,
(f) public services and amenities—to ensure the economic and efficient provision of public services and amenities.
This plan applies to all of the land within the Municipality of Glen Innes, as shown on the map, with the boundaries as indicated on the map.
Interim Development Order No 1—Municipality of Glen Innes and such other local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, are repealed.
In this plan:
(a) the making of structural changes to the outside of the heritage item, or
(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.
(a) a children’s playground,
(b) an area used for sporting activities or sporting facilities, or
(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
(i) a public authority, or
(ii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or a showground.
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.
• Glen Innes Local Environmental Plan 1991 (Amendment No 2)
• Glen Innes Local Environmental Plan 1991 (Amendment No 4)
• Glen Innes Local Environmental Plan 1991 (Amendment No 5)
In this plan:
(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,
(b) a reference to a map is a reference to a map deposited in the office of the Council,
(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified.
Notes in this plan do not form part of this plan.
The Environmental Planning and Assessment Model Provisions 1980, except for the definition of
The Council shall be the consent authority for the purposes of this plan.
For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:
• Zone No 1 (a)—Rural (General) Zone—edged heavy black and lettered “1 (a)”.
• Zone No 1 (a1)—Rural (Prime Agricultural Zone)—edged heavy black and lettered “1 (a1)”.
• Zone No 2—Residential Zone—edged heavy black and lettered “2”.
• Zone No 3 (a)—Business Zone—edged heavy black and lettered “3 (a)”.
• Zone No 3 (b)—Highway Services Zone—edged heavy black and lettered “3 (b)”.
• Zone No 4—Industrial Zone—edged heavy black and lettered “4’.
• Zone No 5 (a)—Special Uses (Community Services) Zone—edged heavy black and lettered “5 (a)”, with the particular purpose indicated by black lettering.
• Zone No 5 (b)—Special Uses (Railway) Zone—edged heavy black and lettered “5 (b)”.
• Zone No 6 (a)—Open Space (Public) Zone—edged heavy black and lettered “6 (a)”.
• Zone No 6 (b)—Open Space (Private) Zone—edged heavy black and lettered “6 (b)”.
• Zone No 7—Environmental Protection (Water Catchment) Zone—edged heavy black and lettered “7”.
The aims of a zone are set out in the Table to this clause under the heading “Aims of Zone” appearing in the matter relating to the zone.
The objectives of a zone are set out in the Table to this clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.
Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause:
(a) development for a purpose specified under the heading “Without development consent” may be carried out without development consent,
(b) development for a purpose specified under the heading “Only with development consent” may be carried out only with development consent,
(c) development for a purpose specified under the heading “Prohibited” shall not be carried out.
Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of the zone within which the development is proposed to be carried out.
The aims are as follows:
(a) identification of rural land,
(b) provision of land for rural-residential purposes,
(c) enabling forms of development other than agriculture to be carried out on land in the zone provided that development is compatible with the environmental capabilities of the land and with land use or development, or both, in the vicinity.
The objective of the zone is to promote the proper management, development and conservation of resources by:
(a) efficient and effective use of rural land in a manner which sustains its agricultural potential,
(b) facilitating farm adjustments for the purpose of consolidation and agricultural uses,
(c) (Repealed)
(d) conservation of valuable deposits of minerals and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits,
(e) conserving and managing water resources, including fish habitat,
(f) conserving trees and other vegetation, where trees and vegetation are significant to scenic amenity, wildlife habitats or control of land degradation,
(g) ensuring satisfactory arrangements are made to minimise and limit the risk to the environment and development of bush fire, flood, landslip and erosion,
(h) conserving recognised heritage items and items of visual importance,
(i) permitting, in accordance with need, the development of rural lands that have been previously subdivided beyond appropriate and viable agricultural uses, to rural-residential, recreational, tourist, mining and industrial uses,
(j) permitting rural-residential development with a minimum allotment size of 1.25 hectares generally and of 2 hectares within the environment protection area,
(k) ensuring that rural-residential allotments do not hinder the future provision and management of urban land,
(l) ensuring that rural-residential allotments do not create ribbon development along arterial roads,
(m) encouraging the subdivision and development design of rural-residential allotments to integrate into the semi-rural environment,
(n) ensuring that newly created rural-residential allotments are adequately serviced by the provision of electricity, telephone, all weather roads, water and sewerage, and
(o) minimising the cost to the community of providing, extending and maintaining public services and utilities.
Agriculture (other than ancillary dwellings or intensive animal establishments); forestry; home occupations; home industries.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
Without in any way limiting or restricting the generality of this item, the following uses have been identified as being inconsistent with one or more of the objectives of this zone:
• Advertising structures (other than local tourist signs and signs displaying only notices related to the purpose for which the land is used); boarding-houses; car repair stations; commercial premises (other than retail plant nurseries); industries (other than extractive industries, home industries, rural industries or offensive or hazardous industries); motor showrooms; residential flat buildings; shops; warehouses.
The aims are as follows:
(a) identification of prime agricultural land,
(b) protection of such land from fragmentation and the economic pressures of competing land uses.
The objective of the zone is to promote the proper management, development and conservation of resources by:
(a) conserving prime agricultural land,
(b) facilitating farm adjustments for the purposes of consolidation and the creation of appropriate and viable agricultural uses,
(c) permitting subdivision only where it can be shown that the subdivision is necessary to maintain or increase agricultural potential,
(d) conserving and managing water resources, including fish habitats,
(e) conserving trees and other vegetation, where trees and vegetation are significant to scenic amenity, wildlife habitats or control of land degradation,
(f) ensuring satisfactory arrangements are made to minimise and limit the risk to the environment and development of bush fire, flood, landslip and erosion, and
(g) conserving recognised heritage items and items of visual importance.
Agriculture (other than ancillary dwellings or intensive animal establishments); home industries; home occupations.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
Without in any way limiting or restricting the generality of this item, the following purposes have been identified as being inconsistent with one or more of the objectives of this zone:
• Advertising structures (other than local tourist signs or signs displaying only notices related to the purpose for which the land is used); boarding-houses; car repair stations; commercial premises (other than retail plant nurseries); industries (other than home industries or rural industries); motor showrooms; residential flat buildings; shops; warehouses.
The aims are as follows:
(a) the identification of land as suitable for existing and for future residential development,
(b) allowing a variety of housing types and densities, small general stores, community service uses and other uses generally compatible with residential use.
The objective of this zone is to promote development within the urban areas of Glen Innes in a manner which is compatible with its residential function by:
(a) encouraging the consolidation and development of existing under-utilised residential areas,
(b) maintaining the existing road priority system in operation within Glen Innes as one means of segregating through and local traffic,
(c) conserving recognised heritage items and items of visual importance,
(d) reducing the community cost of servicing new development, and
(e) limiting the development of non-residential uses to ensure the existing character and amenity of the locality is not detrimentally affected.
Dwelling houses; home occupations.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
Without in any way limiting or restricting the generality of this item, the following purposes have been identified as being inconsistent with one or more of the objectives of this zone.
Extractive, offensive or hazardous industries; junkyards.
The aim is to identify land suitable for existing and future retail and commercial development.
The objective of this zone is to promote development within the commercial areas of Glen Innes in a manner which is compatible with, ancillary to, or supportive of a commercial function by:
(a) consolidating the existing principal commercial area by restricting the development of inappropriate commercial uses along the arterial roads and into the residential zones,
(b) accommodating and providing for the continued existence of neighbourhood general stores and other retail and commercial activities not located in the principal commercial area, and
(c) conserving recognised heritage items, items of townscape and cultural character and landscape features.
Advertising structures erected in accordance with clause 27.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
The aim is to identify land suitable for development to service the users of arterial road SH No 9 (New England Highway) and the community generally.
The objective of this zone is to promote the management and development of land by:
(a) ensuring direct access to the arterial road is minimised,
(b) restricting development to that the principal function of which is to provide services for the travelling public, the transportation of goods and services, agricultural industry, tourism and recreation, and
(c) encouraging development to emphasise compact urban form and to minimise the impact of development on the historic and scenic qualities of land within the zone, and
(d) ensuring that development is carried out within the zone in such a way that the status and viability of the Glen Innes town centre is maintained.
Advertising structures erected in accordance with clause 27; agriculture (other than ancillary dwellings or intensive animal establishments).
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
Without in any way limiting or restricting the generality of this item, the following purposes have been identified as being inconsistent with one or more of the objectives of this zone:
• Commercial premises; intensive animal establishments; junk yards; liquid fuel depots; offensive or hazardous industry; residential flat buildings; road side stalls; timber yards.
The aim is to identify land suitable for industrial development.
The objective of this zone is to promote development within the industrial areas of Glen Innes in a manner which is compatible with an industrial function by:
(a) conserving local amenity where residential areas abut the industrial zone,
(b) enabling the development of land within this zone for purposes which will not compromise the industrial development of the locality and will not affect the economic structure of the business zone,
(c) enabling the development of land for other purposes where it can be demonstrated by the applicant for development consent that suitable lands or buildings for the proposed purpose are not available elsewhere and such use will not detrimentally affect any nearby industrial land,
(d) discouraging offensive or hazardous industrial development where, in the opinion of Council, the activity is likely to cause adverse environmental impact, such as pollution or the major up-grading of utility services (or both), and
(e) conserving recognised heritage items and items of visual importance.
Advertising structures erected in accordance with clause 27.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more objectives of this zone.
The aim is to identify land which is being used for public purposes.
The objective of this zone is to promote development within the various special land uses in a manner which is compatible with those uses by:
(a) conserving recognised heritage items, the townscape and cultural character and landscape features,
(b) discouraging development which may be detrimental to the amenity of the surrounding zones, and
(c) encouraging development within the zone that is compatible with the particular purpose indicated on the map.
Advertising structures erected in accordance with clause 27.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of the zone.
The aim is to identify land which is being used for railway and associated purposes.
The objective of this zone is to promote development within the zone in a manner which us compatible with railway uses by:
(a) enabling the future development of land within the zone, not required for railway purposes, which reflects and is compatible with adjoining land uses, and
(b) conserving recognised heritage items and the items of townscape and cultural character and landscape features.
Railway purposes (including any railway purpose authorised under the Transport Administration Act 1988).
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
The aim is to identify publicly owned land which is used or is capable of being used for various recreational purposes.
The objective of this zone is:
(a) to ensure that all development within the zone is undertaken in a manner which is compatible with the various types of existing and future recreational needs of the community, and
(b) to conserve heritage items, the townscape and cultural character and landscape features.
Works for the purposes of landscaping.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
The aim is to identify privately owned land which is capable of being used for recreational purposes.
The objective of this zone is to promote development within the zone in a manner which is compatible with the existing uses by:
(a) enabling the development of land within this zone for private recreation purposes and associated uses,
(b) enabling the development of land for other purposes where it can be demonstrated by the applicant for development consent that the development will not be detrimental to the amenity of any existing or proposed nearby development and environment, and
(c) conserving heritage items, the townscape and cultural character and landscape features.
Advertising structures erected in accordance with clause 27; parking; works for the purposes of landscaping, grounds maintenance or bush fire hazard reduction.
Any purpose other than a purpose specified or referred to in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with one or more of the objectives of this zone.
The aims are as follows:
(a) to identify land immediately adjoining the source of stored water supply for the town of Glen Innes,
(b) to protect and conserve the supply of water,
(c) to maintain water supply quality.
The objective is to ensure that development of land within this zone will not in any way pollute or compromise the ecology or reduce the supply of water available to the town of Glen Innes.
Agriculture (other than intensive animal establishments); forestry.
Any purpose other than a purpose included in item 3 or 5.
Except as otherwise provided in this Table, all purposes unless the Council is satisfied that the carrying out of the development is generally consistent with the objective of this zone.
Without in any way limiting or restricting the generality of this item, the following purposes have been identified as being inconsistent with the objective of this zone:
• Dwelling-houses; industries (other than rural industries); intensive animal establishments; junkyards; liquid fuel depots; mines; residential buildings; stock and sale yards; sawmills; waste disposal areas.
A person shall not carry out development in an environmental protection area for the purposes of:
(a) intensive animal establishments,
(b) junk yards,
(c) liquid fuel depots,
(d) offensive or hazardous industries,
(e) sawmills,
(f) stock and sales yards,
(g) clear felling of trees, or
(h) waste disposal areas.
A person shall not, except with the consent of the Council, cause the destruction of native trees on:
(a) more than one hectare of land within an environmental protection area, being land which comprises an existing holding, or
(b) more than 5 per cent of the area of an existing holding, where that 5 per cent comprises an environmental protection area,
whichever is less.
The Council shall not grant consent required by subclause (2) unless it is satisfied that the applicant has given regard to and stated the manner in which the destruction of ground cover and trees in respect of that land and adjacent land minimises:
(a) the risk of soil erosion and of other kinds of land and water degradation,
(b) loss of scenic amenity, and
(c) the loss of important vegetation systems and natural wildlife habitats.
A person shall not subdivide land to which this plan applies except with the consent of the Council.
The Council shall not consent to the subdivision of land within Zone No 1 (a) except in accordance with this clause.
The Council may consent to the subdivision of land within Zone No 1 (a) if the area of each allotment to be created by the subdivision is not less than 20 hectares.
The Council may consent to the subdivision of land within Zone No 1 (a) if the applicant has satisfied the Council that:
(a) if the land to be subdivided has frontage to a main or arterial road, the vehicular access points to that road are located in safe positions,
(b) the subdivision will not result in the sterilisation of mineral resources,
(c) the subdivision is designed to maximise the retention of trees and vegetation and to maintain the rural character of the locality,
(d) each allotment proposed to be created by the subdivision provides sufficient land for building sites with minimum risk of damage by bush fire and floods, and
(e) adequate all-weather access will be available to the allotments proposed to be created by the subdivision.
Nothing in this plan prohibits the subdivision of land within Zone No 1 (a) for the purposes of the opening of a public road.
The Council may consent to the subdivision of land within Zone No 1 (a), if the Council is satisfied that the land to be excised is intended to be transferred to another person and is intended to be used for the purposes of agriculture or forestry only, provided the land excised is consolidated with another allotment owned by the person to whom it is transferred.
(Repealed)
The Council may consent to the creation of an allotment of any area that, in the opinion of the Council, will be used for any purpose other than agriculture or a dwelling-house within Zone No 1 (a) provided the Council is satisfied that:
(a) the area to be created is appropriate for the purpose for which it is being created,
(b) the location is appropriate for the purpose for which it is being created, and
(c) no other land in the locality could reasonably be used for that purpose.
A person shall not erect a dwelling-house on vacant land within Zone No 1 (a) unless the land:
(a) has an area of not less than 20 hectares,
(b) comprises an allotment created by a subdivision approved in accordance with this clause,
(c) comprises an allotment created by a subdivision approved in accordance with clause 13,
(d) comprises an allotment created after the appointed day in accordance with a subdivision approved by the Council before that day, or
(e) comprises an existing holding on which no dwelling-house is erected, the Council being satisfied that:
(i) there will be adequate vehicle access to the dwelling-house,
(ii) the erection of the dwelling-house will not create or increase ribbon development along arterial roads, and
(iii) adequate public utility services are or will be available to the existing holding.
Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.
The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if:
(a) the lot was created before that commencement, or
(b) development consent to the creation of the lot was applied for, or granted, before that commencement.
The Council shall not consent to the subdivision of land within Zone No 1 (a1) except in accordance with this clause.
(Repealed)
The Council may consent to the subdivision of land within Zone No 1 (a1) if the area of each allotment to be created by the subdivision is not less than 20 hectares.
The Council may consent to the subdivision of land within Zone No 1 (a1) if the applicant has satisfied the Council that:
(a) if the land to be subdivided has frontage to a main or arterial road, the vehicular access points to that road are located in safe positions,
(b) the subdivision will not result in the sterilisation of mineral resources,
(c) the subdivision is designed to maximise the retention of trees and vegetation and maintain the rural character of the locality,
(d) each allotment proposed to be created by the subdivision provides sufficient land for building sites with minimum risk of damage by bush fire and floods, and
(e) adequate all-weather access will be available to the allotments proposed to be created by the subdivision.
Nothing in this plan prohibits the subdivision of land within Zone No 1 (a1) for the purposes of the opening of a public road.
The Council may consent to the subdivision of land within Zone No 1 (a1) if the Council is satisfied that the land to be excised is intended to be transferred to another person and is intended to be used for the purposes of agriculture or forestry only, provided the land excised is consolidated with another allotment owned by the person to whom it is transferred.
The Council may consent to the creation of an allotment of any area that, in the opinion of the Council, will be used for any purpose other than agriculture or a dwelling-house within Zone No 1 (a1) provided the Council is satisfied that:
(a) the area to be created is appropriate for the purpose for which it is being created,
(b) the location is appropriate for the purpose for which it is being created, and
(c) no other land in the locality could reasonably be used for that purpose.
A person shall not erect a dwelling-house on vacant land within Zone No 1 (a1) unless the land:
(a) has an area of not less than 20 hectares,
(b) comprises an allotment created by a subdivision approved in accordance with this clause,
(c) comprises an allotment created after the appointed day in accordance with a subdivision approved by the Council before that day, or
(d) comprises an existing holding on which no dwelling-house is erected, the Council being satisfied that:
(i) there will be adequate vehicle access to the dwelling-house,
(ii) the erection of the dwelling-house will not create or increase ribbon development along arterial roads,
(iii) adequate public utility services are or will be available to the existing holding.
This clause applies to land within Zone No 1 (a), despite clause 12 (1).
The Council may consent to the subdivision of land within Zone No 1 (a) if the Council is satisfied that each allotment to be created will be used primarily for the purposes of a dwelling-house and if:
(a) the minimum area of each allotment to be created is 1.25 hectares, and
(b) the applicant has satisfied the Council that:
(i) adequate arrangements are to be provided for connecting each proposed allotment to be created to a telephone service and electricity supply,
(ii) adequate arrangements are made for the supply and storage of not less than 45,000 litres of water for domestic and fire prevention uses,
(iii) adequate arrangements are to be provided for the on-site disposal of sewage,
(iv) the land has all-weather access from Glen Innes township,
(v) the carrying out of the development will not create or increase ribbon development or adversely affect road safety, and
(vi) the carrying out of the development will not generate traffic volumes which are excessive in relation to the engineering standards of roads leading to Glen Innes township.
The Council shall not consent to the subdivision of land within Zone No 1 (a) (being land within an environmental protection area) if the Council is satisfied that each allotment to be created will be used primarily for the purposes of a dwelling-house, unless:
(a) the minimum area for each allotment to be created is 2 hectares, and
(b) the applicant has satisfied Council that:
(i) adequate arrangements are to be made for the provision of facilities, services and the matters set out in subclause (2) (b), and
(ii) adequate arrangements are to be provided for bush fire protection measures, including provision of access for fire fighting vehicles and the construction of fire breaks.
The Council may consent to the erection of a dwelling-house on an existing allotment provided the allotment meets the criteria established in this clause.
For the purposes of this clause,
The Council shall not consent to the development of rural land within Zone No 1 (a) for the purposes of:
(a) abattoirs,
(b) advertising structures (other than local tourist signs displaying only notices related to the purposes for which the land is used),
(c) boarding houses,
(d) bulk stores,
(e) caravan parks,
(f) car repair stations,
(g) clubs,
(h) commercial premises (other than retail plant nurseries),
(i) educational establishments,
(j) hotels,
(k) intensive animal establishments,
(l) industries (other than home and rural industries),
(m) institutions,
(n) junk yards,
(o) liquid fuel depots,
(p) mines,
(q) motels,
(r) motor showrooms,
(s) places of assembly,
(t) refreshment rooms,
(u) residential flat buildings,
(v) sawmills,
(w) service stations,
(x) shops (other than general stores),
(y) stock and sale yards,
(z) taverns,
(aa) timber yards,
(ab) transport terminals, or
(ac) warehouses,
if the allotment was created primarily for rural residential purposes.
The Council shall not approve of development pursuant to this clause where that approval would result in a total number of dwellings created pursuant to this clause in a 5 year period exceeding the number specified in writing by the Council.
The Council shall not consent to the subdivision of land within Zone No 3 (b) unless:
(a) each allotment has an area of not less than 4,000 square metres or, if the only means of access for each allotment created by the subdivision is from a public road other than the New England Highway, each allotment has an area of not less than 1,000 square metres, and
(b) the Council is satisfied that direct access and disruption to the movement of traffic along the New England Highway as a result of the subdivision is minimised.
The Council shall not consent to the development of land within Zone No 3 (b) unless the Council is satisfied that:
(a) the development is appropriate for the location,
(b) no other land in the locality could reasonably be used for that purpose,
(c) adequate arrangements are to be provided for connecting each proposed allotment to be created by the subdivision to a telephone service and electricity supply,
(d) adequate arrangements are to be provided for the disposal of waste and sewage, and
(e) adequate arrangements are to be provided for drainage, and
(f) adequate provision has been or will be made for the on-site movement and parking of vehicles, and
(g) adequate attention has been given to the design of the development, taking into account the effect of the development on the landscape and on the appearance of any building resulting from or affected by the development.
This clause applies to land described in Schedule 3.
Nothing in this plan prevents the Council from consenting to the subdivision and other development of the land to which this clause applies if the Council is satisfied as to the following:
(a) the type of development proposed is consistent with the specific requirements, considerations and conclusions within:
(i) “Planning Guidelines for Contaminated Land” prepared by the Department of Urban Affairs and Planning and Environment Protection Authority, Sydney, October 1995,
(ii) “Phase II Environmental Contamination Assessment, State Rail, Glen Innes, NSW”, prepared by RUST PPK Pty. Ltd., Concord West, January, 1996, and
(iii) “Investigation of Railway lands at Glen Innes, NSW—Hazard Risk Analysis” prepared by Granherne, Chatswood, NSW, December, 1995, and
(b) a landscaped buffer area to exclude any commercial, industrial and residential development is provided to the eastern and northern boundaries of land known as Lots 1–5 Deposited Plan 836925. The buffer area is shown by cross hatching on the map marked “Glen Innes Local Environmental Plan 1991 (Amendment No 4)” and is to be a minimum of 40 metres deep, and
(c) a landscaped buffer area to exclude any commercial, industrial and residential development is provided within the eastern boundaries of the land known as Lots 2 and 3 Deposited Plan 827952. The buffer area is shown by cross hatching on the map and is to be a minimum of 20 metres deep, and
(d) buildings to be used for habitable purposes are not permitted within an area 10 metres from the western boundary of land known as Lot 5 Deposited Plan 827952, and
(e)
arrangements are or will be made to ensure the land is serviced by an adequate reticulated water and sewer service, stormwater drainage, electricity and telecommunications services.
Nothing in this clause affects any requirements made by State Environmental Planning Policy No 55—Remediation of Land in relation to land to which this clause applies.
A person shall not, in respect of a building, work, relic, tree or place that is a heritage item:
(a) demolish or alter the building or work,
(b) damage or move the relic, or excavate for the purpose of exposing the relic,
(c) damage or despoil the place or tree,
(d) erect a building on or subdivide land on which the building, work or relic is situated or that compromises the place, or
(e) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,
except with the consent of the Council.
The Council shall not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features and its setting.
The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).
The Council shall not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.
Except as provided by this clause:
(a) the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of:
(i) the demolition of a building or work that is a heritage item, and
(ii) the use of a building or land referred to in clause 19 for the purpose which, but for that clause, would be prohibited under this plan,
in the same way as those provisions apply to and in respect of designated development, and
(b) (Repealed)
Subclause (1) does not apply to the partial demolition of a heritage item if, in the opinion of the Council, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the Municipality of Glen Innes.
Nothing in this plan prevents the Council from granting consent to an application to the use, for any purpose, of a building that is a heritage item or the land on which the building is erected, if it is satisfied that:
(a) the proposed use would have little or no adverse affect on the amenity of the area, and
(b) the conservation of the building depends on the Council granting consent under this clause.
When considering an application to erect a building on land on which there is situated a building which is a heritage item, the Council may:
(a) for the purpose of determining the floor space ratio, and
(b) for the purpose of determining the number of parking spaces to be provided on the site,
exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the Council is satisfied that the conservation of the building depends on the Council granting an exclusion under this clause.
The Council, in making an assessment of an application required by clause 16, may consult with the Environmental Heritage Advisory Committee, being a committee appointed by the Council to advise on the environmental heritage of the Municipality of Glen Innes.
The Council, in granting a consent as referred to in clause 19 (1), may have regard to any representations of the Environmental Heritage Advisory Committee, which is to take the following matters into consideration and provide comment on:
(a) the significance of the item concerned as a heritage item,
(b) the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or visual significance of the item and its setting,
(c) whether the item constitutes a danger to the users or occupiers of that item or to the public,
(d) whether any horticultural features should be retained,
(e) where the application is to erect a new building or to alter the exterior of an existing building:
(i) the pitch and form of the roof,
(ii) the style, size, proportion and position of the openings for windows and doors,
(iii) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the locality, and
(f) any other matters that the Environmental Heritage Advisory Committee considers relevant to the proposal.
The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development for the purposes specified in Schedule 2 in the same way as those provisions apply to and in respect of designated development.
(Repealed)
The Council shall not consent to the development of land within Zone No 1 (a) or 1 (a1) for the purposes of:
(a) bulk stores,
(b) caravan parks,
(c) car repair stations,
(d) clubs,
(e) commercial premises,
(f) educational establishments,
(g) hospitals,
(h) hotels,
(i) institutions,
(j) industries (other than home or rural industries),
(k) junk yards,
(l) liquid fuel depots,
(m) mines,
(n) motels,
(o) places of public assembly,
(p) places of public worship,
(q) recreational establishments,
(r) recreation facilities,
(s) refreshment rooms,
(t) retail plant nurseries,
(u) roadside stalls,
(v) sawmills,
(w) service stations,
(x) stock and sale yards,
(y) transport terminals, or
(z) warehouses,
if the development of the land will have direct access to an arterial road or to a road connecting with an arterial road, if the access is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road.
Nothing in this plan shall prevent the Council from granting consent to:
(a) the community use of the facilities and sites of educational establishments,
(b) the commercial operation of those facilities and sites, and
(c) the carrying out of development for community purposes on land used for the purposes of educational establishments,
whether or not the development is ancillary to any such purpose.
This clause applies to land within Zone No 1 (a), 1 (a1), 2 or 3 (a).
In this clause,
If, in accordance with clause 9, development for the purposes of a dwelling-house may be carried out on an allotment of land to which this clause applies, a person may, with the consent of the Council:
(a) erect a dual occupancy building on the allotment of land, or
(b) alter or add to a dwelling-house erected on the allotment of land so as to create a dual occupancy building.
The Council may grant consent as referred to in subclause (3) only if:
(a) the area on which the dual occupancy building is to be erected or created pursuant to the consent is not less than 700 square metres,
(b) the maximum site cover, including extensions at ground level, will not exceed 50 per cent of the allotment,
(c) the Council is satisfied that the owner of the allotment will occupy one of the dwellings,
(d) both dwellings are under the one roof or under roofs joined by a patio or breezeway covered by a roof, and
(e) the distance of the external walls of the dual occupancy building from the side boundaries of the allotment on which the building is or is to be erected is at least 1.2 metres.
Where development is carried out on land under this clause, the separate occupation of the proposed strata lots illustrated by a proposed strata plan relating to the land is prohibited.
The provisions of this plan relating to residential flat buildings do not apply to a dwelling-house erected, altered or added to, or proposed to be erected, altered or added to, pursuant to this clause.
For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to development carried out in accordance with this plan.
Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclause (1).
Except with the consent of the Council, sawdust or sawmill waste shall not be:
(a) deposited in bulk on any land to which this plan applies, whether by way of filling or otherwise, or
(b) burnt at the site of a sawmill:
(i) except in an incinerator of a type approved by the Council, or
(ii) where the sawmill is isolated from urban development, except in a manner approved by the Council.
A person may erect an advertising structure:
(a) without the consent of the Council, only where the advertisement on or to be placed on the structure indicates or is to indicate:
(i) the purposes for which the premises on the land are to be used,
(ii) the goods and services sold or provided from the premises, or
(iii) that the premises are available for sale or are available for lease, or
(iv) for directional purposes, only the location of local tourist facilities, or
(b) only with the consent of Council, if the advertising structure is to be used on or to be placed on heritage items.
Subject to the consent of Council, nothing in this clause prevents the erection of an advertising structure under Ordinance No 55 made under the Local Government Act 1919.
A person shall not erect a building or carry out a work for any purpose on flood liable land except with the consent of the Council.
The Council shall not consent to any such development unless the Council is satisfied that the proposed development will not:
(a) adversely impede the flow of flood waters on that land and land in its immediate vicinity,
(b) imperil the safety of persons on that land and land in its immediate vicinity,
(c) cause the aggravation of or the potential for erosion, siltation or the destruction of vegetation, or
(d) cause any adverse effect on the water table of that land and land in its immediate vicinity.
For the purposes of this plan, the land shown on the map as being within Zone No 7 comprises the following:
(a) that part of Beardy Waters and Redbank Creek within 800 metres horizontal distance from the top level of stored water in the Beardy Waters Dam; and upstream 200 metres from the Shannon Vale Road Bridge to the confluence of the Beardy Waters and Redbank Creek, and upstream of Redbank Creek to the boundary with Severn Shire Council,
(b) the land within 200 metres of both sides of the water course shown as “Unnamed Water Course” on the map.
A person shall not erect a building or carry out a work for the purposes of an intensive animal establishment unless adequate provision, to the satisfaction of the Council, has been made for the creation of a buffer area on the land to minimise any potential for environmental disturbance within the locality.
The Council shall not grant consent to the following development unless:
(a) in the case of development for the purposes of piggeries and cattle or sheep feed lots, the distance between the proposed development and other such enterprises or dwellings is greater than 1 kilometre, or
(b) in the case of development for the purposes of poultry sheds, the distance between the proposed development and other such enterprises or dwellings is greater than 500 metres.
A person shall not construct, except with the consent of the Council, any earth water storage facilities on land within Zone No 1 (a) that is an allotment created in accordance with clause 14, or on land within Zone No 2, 3 (b), 4, 5 (a), 5 (b), 6 (a), 6 (b).
The Council shall not grant consent as required by subclause (1) unless the Council is satisfied that:
(a) (Repealed)
(b) the proposed development will not imperil the safety of persons on that land or land in its immediate vicinity.
This clause applies to land within Zone No 1 (a) or 1 (a1).
A person may, with the consent of the Council, erect additional dwellings on land to which this clause applies if:
(a) the Council is satisfied that the needs of existing agriculture genuinely require that rural workers reside on the land,
(b) the additional dwellings are clustered in a location where they will not impair the suitability of the land for agriculture,
(c) any other rural workers’ dwellings on the holding are being used by persons substantially engaged in agricultural employment on that land, and
(d) the rural workers are employed by the owner of the land.
The Council shall not consent to the carrying out of development on land within Zone No 6 (a), being land owned or controlled by the Council, unless it has considered:
(a) the need for the proposed development on that land,
(b) the impact of the proposed development on the existing or likely future use of the land, and
(c) the need to retain the land for its existing or likely future use.
(Clause 5)
Heritage study Inventory No | Location by street and number |
15 | Abbott Street, 1, cottage and shop |
2 | Beardy Waters, Beardy Waters Weir |
10 | Blacks Road, “Hendersons Mill”, ruins, on “Rocky Meadow”, Rodgers Street |
89 | Bourke Street, 105, residence |
81 | Bourke Street, St Johns Ambulance Station |
120 | Bourke Street, 119, Glen Innes Laundry |
122 | Bourke Street, 131, residence “Araluen” |
121 | Bourke Street, 133, Noel Lane Ford |
119 | Bourke Street, 124, Glen Innes Examiner |
123 | Bourke Street, 177, “The Old Mill” |
125 | Bourke Street, 179, cottage |
124 | Bourke Street, 181, former Severn Shire Council Chambers |
118 | Bourke Street, 202, Glen Innes Fire Station |
48 | Bourke Street, 276, residence, “Rosevilla” |
100 | Church Street, 68, cottage and outbuildings |
101 | Church Street, 75, residence |
102 | Church Street, 93, residence |
103 | Church Street, 129, cottage |
104 | Church Street, 141, residence |
105 | Church Street, 143, “The Chapel Theatre” |
166 | Church Street, North West County Council “Old Power Station” |
99 | Church Street, 162, Masonic Hall |
106 | Church Street, St Patricks Church |
107 | Church Street, St Patricks Chapel |
108 | Church Street, St Josephs School |
109 | Church Street, St Josephs Sisters of Mercy Convent |
110 | Church Street, 167, residential flats |
41 | Church Street, 168, residential flats |
111 | Church Street, 169, residence |
112 | Church Street, Glen Innes Primary School, 1947 complex |
114 | Church Street, Glen Innes Primary School |
113 | Church Street, Glen Innes Infants School |
42 | Church Street, 176, residence, “Lochiel” |
43 | Church Street, 182, residence |
19 | Coronation Avenue, Glen Innes West Public School |
4 | Cramsie Crescent, near Glen Legh Road, “Rosecroft” |
5 | Dibley Road, cottage, “Uplands” |
18 | Dumaresq Street, 115, cottage “Thurles” |
97 | East Avenue, 11, cottage |
50 | Edward Street, Glen Innes High School |
51 | Edward Street, 36, cottage |
23 | Ferguson Street, 150, cottage, “St Angles” |
21 | Ferguson Street, 176–180, former “Butter Factory” |
24 | Ferguson Street, 184–192, cottages |
33 | Ferguson Street, former Glen Innes Hospital Complex now “History House” |
40 | Ferguson Street, 240, cottage |
98 | Ferguson Street, 271, residence |
3 | Grafton Street, residence, “Balnagowen” |
161 | Grey Bourke Streets, cnr, “Hutchison’s Buildings” |
142 | Grey &Bourke Streets, cnr, BILO Supermarket and MacKenzie Mall Complex |
128 | Grey &Ferguson Streets, cnr, “Royal Hotel” |
39 | Grey &Ferguson Streets, cnr, former “Whites Boot Factory” now “Thom &Pollock” |
150 | Grey &Meade Streets, cnr, “Imperial Hotel” |
133 | Grey &Meade Streets, cnr, “The Great Central Hotel” |
130 | Grey &Meade Streets, cnr, The Glen Innes Post Office |
131 | Grey &Meade Streets, cnr, “The Boer War Memorial” |
151 | Grey &Meade Streets, cnr, “ANZ Bank” |
165 | Grey &Wentworth Streets, cnr, former “Grand Theatre” now “Needles and Pins” |
94 | Grey &Wentworth Streets, cnr, “Williams Club Hotel” |
146 | Grey &Wentworth Streets, cnr, 169 Grey Street, Butcher Shop |
56 | Grey Street, 62, cottage |
146 | Grey Street, 171, shop |
145 | Grey Street, 173–175, shops |
164 | Grey Street, 186–194, “Phoenix Buildings” shops |
163 | Grey Street, 196–204, “Kwong Sing &Co” shops |
144 | Grey Street, 199, “Thom’s Retravision Shop” |
143 | Grey Street, 205–207, office &shop |
162 | Grey Street, 234, National Australia Bank |
141 | Grey Street, 245, The State Bank |
160 | Grey Street, 246–250, “The Paragon Cafe” bldg, shops |
140 | Grey Street, 251, former National Bank, now offices and residence |
159 | Grey Street, 254–256, “Stationers Hall Chambers” shop &offices |
158 | Grey Street, 258–264, “Schmidt’s Bldg”, shops |
157 | Grey Street, 266–270, former “School of Arts” now offices and shops |
139 | Grey Street, Glen Innes Town Hall |
138 | Grey Street, 279, “The Popular Cafe”, shop |
156 | Grey Street, Commonwealth Bank |
155 | Grey Street, 282 “The Supreme Building” |
154 | Grey Street, 286–292, shops &residence |
137 | Grey Street, Westpac Bank |
153 | Grey Street, 300, “Fosseys”, shop |
134 | Grey Street, “TAB” |
136 | Grey Street, “Healeys Building” shop and office |
135 | Grey Street, 305, “The Central Building”, offices |
152 | Grey Street, 306–308, shop and offices |
149B | Grey Street, 326, “Milners Building”, offices |
129 | Grey Street, Glen Innes Court House |
149A | Grey Street, Pastures Protection Board Bldg, offices |
148 | Grey Street, 338, “Meyers Bakery Bldg”, shop and residence |
147 | Grey Street, 342–344, offices |
38 | Grey Street, 376, residence, “San Karo” |
37 | Grey Street, 393, cottage |
126 | Grovers Lane, 80, cottage |
34 | Herbert Street, 179, cottage |
67 | Lambeth &Bourke Streets, cnr, “The Railway Tavern” |
63 | Lambeth Street, 51, residence |
65 | Lambeth Street, 71, residence “Glenburn” |
66 | Lambeth Street, 79, residence “Somerset Cottage” |
64 | Lambeth Street, Glen Innes Railway Station Complex |
68 | Lambeth Street, “Glen Innes Boxing &Fitness Gymnasium” |
69 | Lambeth Street, 107, residence |
70 | Lambeth Street, 109, cottage |
71 | Lambeth Street, 119, cottage |
25 | Lambeth Street, 170, cottage |
16 | Lang Street, “Glen Innes Saleyards Selling Ring” |
60 | Lang Street, 133, residence and outbuildings |
127 | Lang Street, 198, residence “Wyalla” |
74, 75 | Macquarie &Bourke Streets, cnr, Cameron Memorial Uniting Church, Christina Cameron Memorial Hall |
73 | Macquarie &Bourke Streets, cnr, 70 Macquarie Street Uniting Church Manse |
79 | Macquarie &Meade Streets, cnr, Anglican Vicarage |
57 | Macquarie &Oliver Streets, cnr, Railway Gatekeepers cottage |
61 | Macquarie Street, 32, residence |
72 | Macquarie Street, 56, residence |
76 | Macquarie Street, 84, residence |
77 | Macquarie Street, 85, residence |
78 | Macquarie Street, 90, residence “Doonee” |
80 | Macquarie Street, 94, cottage |
32 | Macquarie Street, 128, residence |
31 | Macquarie Street, 129, residence, “Tunbridge” |
30 | Macquarie Street, 130, cottage, “Doonayr” |
28 | Macquarie Street, 137, cottage |
29 | Macquarie Street, 138, residence |
62 | Manns Lane, 33, cottage |
20 | Meade Street, 31, cottage |
88 | Meade Street, 85, residence |
132 | Meade Street, Glen Innes Police Station &residence and Sheriff’s cottage |
116 | Meade Street, 134, offices Forestry Commission of NSW |
117 | Meade Street, former “Roxy Theatre”, now Elders Pastoral offices and shop |
115 | Meade Street, 138, residence, “Dunvegan” |
46 | Meade Street, 194, cottage |
47 | Meade Street, 197, 199, 201, residences |
45 | Meade Street, 252, cottage |
22 | Mossman Street, 17, cottage |
55 | New England Highway, residence, “Glen Rule” |
167 | New England Highway, “Craigieburn Caravan Park”, residence |
9 | New England Highway, former Llangothlin Church, now “Arts &Crafts Centre” |
8 | New England Highway &Winters Rd, Railway Bridge |
54 | Oliver and Buddee Streets, residence, “Brandon” |
53 | Oliver Street, 90, residence |
59 | Short Street, 15, cottage |
13 | Thomas Street, Glen Innes Brickworks |
49 | Torrington, George, Hunter, Bourke Streets, Glen Innes Pastoral &Agricultural Association Showgrounds |
26 | Wallamulla Street, 76, cottage |
93 | Wentworth Street, 84, residence |
92 | Wentworth Street, 86, cottage |
91 | Wentworth Street, 88, cottage |
90 | Wentworth Street, 69–71, “CWA Mountain Home” |
87 | West Avenue &Meade Street, cnr, Holy Trinity Anglican Church |
82 | West Avenue, 88, residence, “Terrichuel” |
83 | West Avenue, 90, residence |
84 | West Avenue, 94, “The New England Club” |
36 | West Avenue, 186, cottage |
86 | Anzac Park, Glen Innes &District Soldiers Memorial Gates |
85 | King Edward Park, Rotunda Bandstand |
95 | King George V Park, Memorial Gates |
96 | King George V Park, Grandstand |
A1 | NPWS Site 12–4–1 locality Blacks Road |
(Clause 21)
1 Boarding houses; hotels and motels; residential flat buildings.
2 Industries (other than rural industries) in Zone No 1 (a), 1 (a1), 2 or 3 (b).
3 Car repair stations; intensive animal establishments; junk yards; liquid fuel depots; sawmills; stock and sale yards.
(Clause 15A)
Glen Innes: Land with frontages to Lambeth, Railway, Abbott and Lang Sts comprising:
• Lots 1–5 Deposited Plan 836925,
• Lots 1–6 Deposited Plan 827952 and
• Part Folios 1113 and 1939, being land proclaimed in NSW Government Gazettes Nos 73 (25/2/1881) and 194 (5/4/1881) as part of the Uralla to Glen Innes Railway.
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