Gosford Local Environmental Plan No 429 (2004-131) [GG No 63 of 26.3.2004, p 1564] (NSW)
2004 No 131
New South Wales
Gosford Local Environmental Plan
No 429
under the
Environmental Planning and Assessment Act 1979
I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the
Environmental Planning and Assessment Act 1979. (N01/00236/S69)
DIANE BEAMER, M.P.,
Minister Assisting the Minister for Infrastructure
and Planning (Planning Administration)
| Published in Gazette No 63 of 26 March 2004, page 1564 | Page 1 |
| [96] | |
| 2004 No 131 |
| Clause 1 | Gosford Local Environmental Plan No 429 |
Gosford Local Environmental Plan No 429
1 Name of plan
This plan is Gosford Local Environmental Plan No 429.
2 Aims of plan
|
| (a) | bed and breakfast accommodation, |
| (b) | cluster development, |
| (c) | motels, |
| (d) | brothels, |
| (e) | tourist units, |
| (f) | exempt development, |
| (g) | complying development. |
Amendments concerning dual occupancy minimum lot size and minimum lot sizes for residential flat buildings in Zones Nos 2 (b), 2 (c), 3 (a) and 3 (b) are deferred.
| (2) | This plan aims to amend the provisions of Interim Development Order No 122—Gosford relating to the following: | |||||||||||||||||||||
|
2004 No 131
| Gosford Local Environmental Plan No 429 | Clause 3 |
3 Land to which plan applies
This plan applies to all land to which Gosford Planning Scheme Ordinance and Interim Development Order No 122—Gosford apply.
4 Relationship to other environmental planning instruments
(1) This plan amends:
| (a) | Gosford Planning Scheme Ordinance in the manner set out in |
Schedule 1, and
| (b) | Interim Development Order No 122—Gosford in the manner |
set out in Schedule 2.
| (2) | A development application made, but not finally determined, before the commencement of this plan in relation to land to which this plan applies is to be determined as if this plan had not been made. |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
(Clause 4 (1) (a))
[1] Clause 3 Interpretation
Omit the definition of Bed and breakfast accommodation from
| clause 3 (1). Insert instead: |
Bed and breakfast accommodation means a room or suite of
rooms capable of being used as bedrooms that are within or attached to a single dwelling-house and that are used for the provision, by the permanent residents of the dwelling-house, of short-term paid accommodation.
[2] Clause 3 (1), definition of “Cluster development”
Omit the definition. Insert instead:
Cluster development means the erection of 3 or more dwellings
on a single allotment of land.
[3] Clause 3 (1), definition of “Motel”
Omit “or residential flat building”. accommodation”.
[4] Clause 3 (1)
Insert in alphabetical order:
Prostitution includes acts of prostitution between persons of
different sexes or of the same sex, and includes:
| (a) | sexual intercourse (as defined in section 61H of the |
Crimes Act 1900) for payment, and
| (b) | masturbation committed by one person on another for payment. |
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
Tourist unit means a room or suite of rooms occupied or used,
or so constructed or adapted as to be able to be occupied or used, on a temporary basis for the accommodation of tourists only.
[5] Clause 3 (1), definition of “residential flat building”
Omit “but does not include anything elsewhere defined in this Ordinance”.
[6] Clause 30AD
Insert after clause 30AC:
| 30AD | Bed and breakfast accommodation |
The Council must not grant consent to the carrying out of development for the purposes of bed and breakfast accommodation if the proposed development involves more than 4 bedrooms or accommodation for more than 8 guests.
[7] Clause 45CE Complying development
Insert “and the development of which would cause disturbance of those acid sulphate soils” after “soils” in clause 45CE (3) (a) (iii).
[8] Clause 45CE (3A)
Insert after clause 45CE (3):
(3A) Despite subclause (3), development for the purposes of swimming pools or spas is not prevented from being complying development merely by the fact that it is carried out on land that is flood liable or subject to a high bushfire hazard as shown on a map held by the Council.
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
[9] Schedules 10 and 11
Omit the Schedules. Insert instead:
|
| Type of development | Limit |
| 1 | Erection and use of a business identification sign listed below | ||
| (a) | Business signs in Business Zones | ||
|
sign
| Siting: | if over a public road, erected at a minimum height of 3m above |
| ground level | |
| Structure: | one per premises |
| securely fixed by metal supports | |
| Heritage: | not erected on an item of environmental heritage |
| Vertical or horizontal | Maximum size: | 2.5m2 in area |
| projecting wall signs | ||
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level | ||
| Structure: | one per premises | |
| Heritage: | not erected on an item of environmental heritage |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
| Flush wall signs | Maximum size: | 2.5m2 in area |
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level | ||
| Structure: | securely fixed | |
| Heritage: | not erected on an item of environmental heritage |
| (b) Business identification signs in Industrial Zones | Maximum size: | 2.5m2 in area |
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level | ||
| Structure: | securely fixed | |
| (c) Business identification signs in Residential Zones | Maximum size: | 0.75m2 in area |
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit |
2 Ancillary development relating to a dwelling, being the erection and use of a structure listed
| below on land other than land in Zone No 2 (f), 4 (a), 4 (b), 4 (c), 4 (d), 5 (a), 5 (d), 5 (e), 6 (a), 6 (b), 6 (c), 6 (d), 6 (e) or 9 (a) and other than on land that is within 50m of a beach that has been subject to a coastal processes study by the Council | ||||
| (a) |
|
all mechanical
components and their
enclosures located a
minimum of 6m from
any property boundary
and behind building line
to any street frontage
| (b) Awnings, canopies and | Maximum area: | 10m2 per structure |
storm blinds
maximum aggregate
area of 30m2
| Siting: | located wholly within property boundaries |
| Drainage: | incorporates drainage to prevent discharge of stormwater to adjoining properties and provides discharge to appropriate outlets |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
| (c) | Barbecues | Maximum size: | 10m2 in area |
| Maximum height: | 2.1m | ||
| Siting: | located behind the building line and not located in a prominent location | ||
| located in an area not to cause a nuisance to those on adjoining allotments | |||
| minimum of 450mm from boundary |
| (d) Bird aviaries, cabanas, cubby houses, garden | Maximum size: | maximum floor area of |
| 12m2 |
sheds, greenhouses and
| shade houses and | maximum height of |
| workshops and the like | 2.4m |
| Siting: | minimum of 450mm from boundary |
| located in the rear yard | |
| not located in a highly visible or prominent position | |
| Structure: | one per premises |
| Drainage: | adequate disposal of stormwater |
| stormwater not directed to adjoining properties | |
| not where structure will impede floodways or overland flowpaths |
2004 No 131
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |||
| ||||
| (e) Children’s play equipment (other than cubbyhouses) |
|
2.4m (except for
basketball backboards
and poles—maximum
height of 3.5m)
| Siting: | located behind building line to any street frontage |
| located at least 900mm from any property boundary |
| (f) | Clothes lines | Siting: | located behind building line to any street frontage and not within the front yard |
| Installation: | to manufacturer’s specifications | ||
| (g) | Decks | Maximum size: | maximum area of 30m2 maximum width of 3m maximum height of |
| 500mm above finished ground level |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit | |
|
minimum side
boundary setback of 3m
not within a secondary
overflow path or
natural watercourse
not over an easement or
right of carriageway
not within the zone of
influence of an existing
sewer main or drainage
easement
| Structure: | not roofed or enclosed on sides |
| structurally sound and of good quality | |
| all timbers to be of a minimum durability class 2 or adequately treated | |
| Bushfire control: | no structure consisting of highly flammable materials on land shown as high bushfire hazard on a map held by the Council |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
Gosford Local
Environmental Plan
No 183, Development
Control Plan
No 34—Items of
Environmental
Heritage, the Heritage
Act 1977 or Sydney
Regional
Environmental Plan
No 20—Hawkesbury-
Nepean River
(No 2—1997)
| (h) Driveways within property | Maximum size: | maximum width of |
| boundaries | 3.5m |
| Siting: | located at or near ground level so as not to require retaining or filling to depths greater than 600mm |
| Structure: | complies with the requirements of AS 2890.1—1993, |
| Parking facilities, Part 1: Off-street car parking | |
| Drainage: | incorporates drainage to prevent discharge of surface water to adjoining properties and to provide discharge to appropriate outlets |
| does not affect the overland flowpath of surface water so as to adversely affect adjoining properties |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit | |
|
| (i) | Fences—front | Maximum height: | open style (eg picket or pool fencing): 1.2m |
| solid (eg decorative brick or timber): 1m | |||
| Siting: | on or behind the building line | ||
| gates do not obstruct pedestrian access along a public roadway | |||
| Structure: | of materials compatible with streetscape | ||
| not made of solid metal materials | |||
| no fences with high flammability on land shown as high bushfire | |||
| hazard on a map held by the Council | |||
| Tree protection: | no strip footing construction where a tree is located within 3m on either private or public property | ||
| (j) | Fences—side and rear | Maximum size: | maximum height of 1.8m |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
behind building line
does not interfere with
traffic visibility at
intersections
| Tree protection: | no strip footing construction where a tree is located within 3m on either private or public property |
| Privacy screens: | open style privacy screens such as lattice must have a maximum length of 3m and a maximum height above the fence of 450mm and must not be attached to the fence structure |
| (k) | Flagpoles | Maximum size: | maximum height of 6m above existing ground level |
| Siting: | located at least 1m from any boundaries | ||
| Structure: | one only for any single allotment of land | ||
| structurally adequate | |||
| (l) | Lighting | General: | not for a tennis court or sportsfield |
| (m) Paving (not including | Maximum size: | maximum area of 30m2 |
paths)
| Siting: | at ground level |
2004 No 131
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit | |
|
does not affect the
overland flowpath of
surface water so as to
adversely affect
adjoining properties
| Tree protection: | areas of paving located within 3m of existing trees are constructed of loose pavers to allow minor ground movement due to root system |
| (n) | Pergolas and sails | Maximum size: | maximum area of 30m2 |
| maximum height of 2.4m above ground or, if the building has a deck, above existing deck level | |||
| Siting: | minimum side boundary setback of 900mm | ||
| behind building line | |||
| not within the zone of influence of an existing sewer main or drainage easement | |||
| not over an easement or right of carriageway | |||
| not within a secondary overflow path or natural watercourse |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
hazard on a map held
by the Council
| Drainage: | not where pergolas will impede floodways or overland flowpaths |
| Structure: | only one per lot and not exceeding an aggregatearea of 30m2 |
| not roofed or enclosed on sides | |
| not attached to fences | |
| structurally sound and of good quality | |
| all timbers to be of a minimum durability class 2 or adequately treated | |
| sails to be made of a pervious material and to comply with the manufacturer’s specifications |
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit | |
|
affected by Gosford Local Environmental Plan No 183,
Development Control Plan No 34—Items of Environmental
Heritage, the Heritage
Act 1977 or Sydney
Regional
Environmental Plan
No 20—Hawkesbury-
Nepean River
(No 2—1997)
| (o) Rainwater tanks on land other than on land in Zone | Maximum size: | maximum volume of |
| 4,500 litres |
| No 1 (a), 1 (b), 1 (c) or | Specifications: | complies with AS/NZS |
| 1 (d) | 2179.1:1994, | |
| Specifications for rainwater goods, accessories and fasteners, Part 1: Metal | ||
| shape or sheet rainwater goods, and metal accessories and fasteners and AS 2180—1986, Metal rainwater goods—Selection and installation | ||
| maximum height of 1.8m above ground level |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
located behind building
line to any street
frontage
not located over
stormwater or sewer
pipes
not resting on the edge
of wall footings
| Drainage: | provision made to prevent overflow running onto adjoining |
| properties | |
| Structure: | support structure to manufacturer’s specifications or requirements of a qualified practising structural engineer |
| all openings are sealed or protected to prevent ingress of animals and insects |
Water connection: no connection or
cross-connection
between the reticulated
town water supply and
tank water
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
| (p) | Rainwater tanks on land in | Specifications: | complies with AS/NZS |
| Zone No 1 (a), (b), 1 (c) or | 2179.1:1994, | ||
| 1 (d) | Specifications for rainwater goods, accessories and fasteners, Part 1: Metal | ||
| shape or sheet rainwater goods, and metal accessories and fasteners and AS 2180—1986, Metal rainwater goods—Selection and installation | |||
| support structure to manufacturer’s specifications or requirements of qualified practising structural engineer | |||
| Structure: | not resting on the edge of wall footings | ||
| (q) | Retaining walls | Maximum area: | maximum height of 1m above or below natural ground level |
| Siting: | located on slopes not greater than 20% | ||
| located no closer than 5m apart | |||
| not constructed over sewer mains or sewer manholes |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
masonry walls comply
with:
AS 3700—2001,
Masonry structures,
AS 3600—2001,
Concrete structures,
AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993,
(Minimum design loads
on structures)
timber walls comply
with:
AS 1720.1—1997,
AS 1720.2—1990 and
AS 1720.4—1990,
(Timber structures)
AS/NZS 1170.1:2002,
AS/NZS 1170.2:2002
and AS 1170.4—1993,
(Minimum design loads
on structures)
| Drainage: | do not impede the natural flow of stormwater drainage or run-off |
| Tree protection: | not constructed within 3m of an existing tree |
2004 No 131
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
| (r) | Satellite dishes | Maximum size: | maximum diameter of 1.2m |
| Siting: | maximum height of 1.5m above lowest point of roof | ||
| behind the building line and located no closer than 900mm to side boundaries | |||
| no detrimental effect on adjoining properties | |||
| Usage: | for domestic purposes only | ||
| (s) | Skylights and roof windows | Maximum area: | maximum area of |
| (including solar tubes or | skylight does not | ||
| similar installations) | exceed 1m2 | ||
| Siting: | located not less than 900mm from a property boundary and not less than 900mm from a wall separating attached dwellings | ||
| Structure: | building work will not reduce the structural integrity of the building or involve structural alterations | ||
| any openings created by the installation are adequately weatherproofed |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit |
| (t) | Solar water heaters | Installation: | installed to manufacturer’s specifications |
| installed by a licensed person and in accordance with the provisions of the relevant Australian Standards | |||
| Structure: | does not reduce the structural integrity of the building | ||
| any opening is sealed by the use of adequate weatherproofing | |||
| (u) | Solid fuel heaters | Structure: | complies with AS/NZS 4013:1999, |
| Domestic solid fuel burning appliances— Method for determination of flue gas emission | |||
| rain excluders, if used, are of a type which do not impede the vertical flow of exhaust gases | |||
| Installation: | in accordance with AS/NZS 2918:2001, | ||
| Domestic solid fuel burning appliances— Installation and | |||
| undertaken by licensed installer | |||
| Siting: | chimney or flue a minimum of 300mm above any structure within a 3.6m horizontal radius |
2004 No 131
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit | |||||||
| ||||||||
| (v) Television aerials or |
|
| antennae | above roof |
| maximum width of 1.5m |
| (w) Temporary buildings: | Siting: | located within property |
| • builders’ sheds • portaloos | boundaries |
| • scaffolds | Structure: | structurally adequate |
| associated with | ||
| construction sites where | on site for a period of | |
| development consent or | not more than 5 months | |
| construction certificate | within any 12-month | |
| approval exists | period | |
| Drainage: | stormwater not directed to adjoining properties |
| (x) Water heaters (other than | Installation: | carried out by a |
| solar systems) | licensed person |
| (y) | Access ramps and stairs | Maximum size: | maximum height of 1m |
| maximum grade of 1:14 (ramps) | |||
| Location: | behind building alignment |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
Building Code of Australia and AS 1428.1—2001, Design
for access and
mobility, Part 1:
General requirements
for access—New
building work
| 3 | Demolition on land other than land in Zone No 5 (d), 5 (e) or 6 (d) | |||
| ||||
| Environmental Plan No 183, Development Control Plan No 34—Items of Environmental Heritage, the Heritage Act 1977 or Sydney Regional Environmental Plan No 20—Hawkesbury- Nepean River (No 2—1997) |
or demolition requiring a waste management plan
under Development Control Plan No 106—Controls for Site Waste Management
| 4 |
|
associated structure on
| ||||||||
| 6 (d), 6 (e) or 9 (a) and | ||||||||
| ||||||||
| a coastal processes | ||||||||
|
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit | |
| Roofing materials may only be replaced with new roofing of the same type, to the same slope and framework as previously existed, that is, with no change to the roofline | ||
| Includes a change from tiles to metal sheeting, but only if stormwater is to be directed to an approved drainage system | ||
| Includes the replacement of floor and wall tiles and plumbing fittings and prime cost items within the building | ||
| Kitchen cabinets may only be replaced with new kitchen cabinets and benchtops in the same kitchen room area as existed | ||
| The movement, deletion or inclusion of | ||
| doorways within the structure may occur only | ||
| if: | ||
|
it does not cause a change in existing dwelling, and
| (b) | the work is non-structural, and |
| (c) | there is no reduction of light and ventilation to existing rooms, and |
| (d) | the work is internal only |
All exterior materials are to be of low reflectivity. Works to comply with the
provisions of the Building Code of Australia
and relevant Australian Standards
Does not include any increase in floor area or the movement of walls, replacement of one type of wall with another (such as replacing a timber frame wall with brickwork), building decks, moving kitchens to other areas or changing the roof shape, pitch or height
Does not involve the total rebuilding of a structure by virtue of dilapidation or deterioration
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit | |
|
affected by Gosford Local Environmental Plan No 183,
Development Control Plan No 34—Items of Environmental
Heritage, the Heritage
Act 1977 or Sydney
Regional
Environmental Plan
No 20—Hawkesbury-
Nepean River
(No 2—1997)
| 5 | Minor internal | Structure: | alteration involves only |
| alterations to, or | the internal fabric or the | ||
| replacement of, a | appearance of the | ||
| building or work not | building or work or | ||
| associated with a | alterations to the | ||
| dwelling on land other | external fabric or | ||
| than land in Zone No | appearance of the | ||
| 2 (f), 5 (d), 5 (e), 6 (d), | building or work (being | ||
| 6 (e) or 9 (a) and other | changes that involve the | ||
| than land that is within | repair or renovation of | ||
| 50m of a beach that has | painting, plastering or | ||
| been subject to a | other decoration of the | ||
| coastal processes study | |||
| prepared by the Council | building or work) | ||
| the development does not involve the enlargement or extension of the work | |||
| non-structural work only | |||
| no reduced light or ventilation from windows, no reduced doorways for egress purposes and no enclosure of open areas |
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
alterations or renovations to previously completed
buildings only
no change to roofline
no changes to
configuration of rooms,
whether by removal of
existing walls or
partitions or by other
means
building before and
after alterations
complies with safety
provisions of the
Building Code of
Australia
| Materials: | materials other than masonry |
| external materials of low reflectivity | |
| Heritage: | not on properties |
| affected by Gosford Local Environmental Plan 183, Development | |
| Control Plan No 34—Items of Environmental Heritage, the Heritage Act 1977 or Sydney Regional Environmental Plan No 20—Hawkesbury- Nepean River (No 2—1997) | |
| Drainage: | stormwater directed to an approved drainage system |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit |
6 Carrying out of minor works in public areas being the erection and use of a structure listed
below on land other than land in Zone No 2 (f), 5 (a), 5 (d), 5 (e), 6 (d) or 6 (e) and other
than land that is within 50m of a beach that has been subject to a
coastal processes study prepared by the Council
| (a) |
|
Maximum grade of
1:14 (for ramps)
| Standard: | In accordance with the |
| Building Code of Australia and AS 1428.1—2001, Design | |
| for access and mobility, Part 1: General requirements for access—New building work |
| (b) Bridges and staircases installed in public parks and | Structure: | bridges to maximum |
| span of 5m and |
| recreation areas | constructed by or for the Council |
| design, fabrication and installation to be in accordance with AS 4100—1998 (for steel structures) and AS 1720.1—1997, AS 1720.2—1990 and AS 1720.4—1990 (for timber structures) |
2004 No 131
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
| (c) | Goal posts, sight screens | Standards: | construction by or for |
| and similar ancillary | the Council or sporting | ||
| sporting structures on | organisation and | ||
| sporting or playing fields | installed in accordance | ||
| for the use in playing or | with relevant | ||
| performance of sporting | Australian Standards | ||
| events (excluding grandstands, dressing sheds and other such structures) |
| (d) Parks and street furniture including seats, bins, picnic | Standards: | construction by or for |
| the Council and |
| tables and minor shelters | installed in accordance with relevant Australian Standards |
| (e) Playground equipment on community land | Standards: | constructed by or for |
| the Council and designed, fabricated and installed in accordance with the relevant Australian Standards |
| 7 | Development for the | General: | in accordance with a |
| purpose of recreation | plan of management | ||
| and sporting facilities of | prepared by the | ||
| minor environmental | Council | ||
| significance | |||
| 8 | Subdivisions of minor | General: | subdivision for one of |
| environmental | the following purposes | ||
| significance on land | only: | ||
| other than land in Zone No 2 (f), 5 (d), 5 (e), 6 (d), |
|
| 9 (a), 9 (b) or 9 (c) | public road |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Limit |
| • | making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment |
| • | making an adjustment to a boundary between allotments that does not constitute a resubdivision |
| • | a minor adjustment that does not significantly change the size or shape of the allotments by more than 10% |
| • | rectifying an encroachment on an allotment |
| • | creating a public reserve |
| • | consolidating allotments |
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Limit |
| • | excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, the purposes of a rural fire brigade or other rescue service, or for public conveniences |
| • | making an adjustment to a boundary between allotments, being an adjustment that does not involve allotments with a split land use zone classification, flood liable classification, bushfire hazard classification or requiring geotechnical assessment |
2004 No 131
Gosford Local Environmental Plan No 429
| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Schedule 11 Complying development | (Clause 45CE) |
| Type of development | Development standards |
| 1 | Ancillary development (other than exempt development) relating to a dwelling, being the erection and use of: | ||
|
| storm blinds | and maximum area of |
| • | Cabanas, gazebos or | 20m2 |
| greenhouses • Cubbyhouses | maximum height of |
| • | Garden sheds | 2.4m above ground |
| • | Workshops and the like | level or existing deck |
| • | Screen enclosures | level (awnings only) |
| screen enclosures to remain open for two- thirds of the perimeter of the structure | ||
| screen materials only permitted in open areas |
| Siting: | no part of the structure is located in front of the Council’s building line |
| external wall of the structure set back at least 900mm from a side or rear boundary | |
| posts of awnings or pergolas may extend to the allotment boundary provided no part of the structure encroaches beyond that boundary | |
| roof covering set back 500mm from boundary |
2004 No 131
Gosford Local Environmental Plan No 429
| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |||||||||
|
Development Control
Plan No 115)
| 2 | Erection and use of a garage, carport or awning associated with a dwelling | |||
| (a) |
|
| Maximum height: | 250cm from ground level to ground floor level |
| 2.7m from floor level to underside of eaves | |
| maximum roof pitch of 25 degrees | |
| Siting: | no part of the structure is located in front of the Council’s building line |
| external wall of the structure set back at least 900mm from a side or rear boundary |
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| Type of development | Development standards | |||||||||
|
Development Control
Plan No 115)
| Streetscape: | where facing a public road or access way—maximum width of 6m or 50% of the frontage, whichever is less |
| Setback: | carport or awning posts may extend to the allotment boundary provided no part of the structure encroaches beyond that boundary |
| roof covering set back 500mm from boundary | |
| Tree protection: | no part of the structure located within 6m of an existing tree |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards |
| (b) | Garages | Maximum size: | maximum area of 50m2 maximum height of: | |
| ||||
| maximum roof pitch of 25 degrees | ||||
| Siting: | no part of the structure located in front of the Council’s building line | |||
| external wall of the structure set back at least 900mm from a side or rear boundary | ||||
| Tree protection: | no part of the structure located within 6m of an existing tree | |||
| Materials: | non-reflective external walling and roofing materials | |||
| Streetscape: | where facing a public road or access way—maximum width of 6m or 50% of the frontage, whichever is the lesser | |||
| Stormwater: | stormwater connected to street gutter or disposal area |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Development standards | |||||
|
structures built of flood
compatible materials
permitted (see
Development Control
Plan No 115)
| 3 | Construction and use of | Siting: | no part of the structure |
| spas and swimming | located in front of the | ||
| pools associated with a | Council’s building line | ||
| dwelling | |||
| located a minimum of 1.2m from side or rear boundaries | |||
| (measurement is from boundary to edge of water) | |||
| Height: | pool coping and decking no more than 500mm above ground level | ||
| Fencing: | minimum of 1.2m in height with self latching gate | ||
| to comply with the provisions of the | |||
| Swimming Pools Act 1992 and AS | |||
| 1926.1—1993, | |||
| Swimming pool safety, Part 1: Fencing for swimming pools |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |||
|
overflow pipe provided and connected to sewer
wherever sewer is not
available, backwash and
overflow is to be
directed to a suitable on
site location that does
not affect adjoining
properties or pollute
any natural watercourse
| Drainage: | coping graded and drained so as not to cause a nuisance to adjoining property |
| Tree protection: | no part of the structure located within 6m of an existing tree |
| Flood liable: | permitted subject to electrical fixtures being located above the 1% Annual Exceedance Probability |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Development standards |
| 4 | Alterations or additions to a dwelling (not including awnings, enclosures and the like) |
| (a) Minor internal alterations | Siting: | setback of external |
| (structural and | walls: | ||
| non-structural) to a | |||
| dwelling, and minor |
|
| additions or alterations to | structure located |
| detached single storey | in front of the |
| dwelling-house | Council’s building line |
| • | from side and rear boundary— minimum of 900mm |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Maximum area: | maximum floor space of 50m2 | |||
| maximum floor space ratio of 0.5:1 | ||||
| Structure: | maximum height of: | |||
| ||||
| roof pitch compatible with the pitch of the existing dwelling |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |
|
boundary:
| • | are at least 0.5m from the window of the adjoining |
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the windows less than 1.5m above floor level |
| Tree protection: | no part of the structure located within 6m of an existing tree |
| (b) Major additions or alterations to detached | Structure: | maximum floor space |
| ratio of 0.5:1 |
single storey
| dwelling-house | maximum height of: | |||
| ||||
| roof pitch a maximum of 25 degrees |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Development standards | |
|
| • | no part of the structure located in front of the Council’s building line |
| • | from side and rear boundary— minimum of 900mm |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Carparking: | 1 carparking space provided behind front building line. Each space has minimum dimensions of 2.7m x 5.5m | |
| Privacy: | windows in a habitable room having an outlook to an adjoining dwelling and within 3m of a | |
| boundary: | ||
|
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the window less than 1.5m above floor level |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |||
|
a minimum of 20% of
the site has no hard
surfaces
no more than one-third of the front setback area is paved or sealed
| Tree protection: | no part of the structure located within 6m of an existing tree |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Development standards |
| 5 | Erection and use of dwelling-house | |||
| (a) |
| |||
|
other than land in Zone
|
| • | no part of the structure located in front of the Council’s building line |
| • | waterfront reserves—in accordance with the Council’s |
Building Line Development Control Plan
| • | from side and rear boundary— minimum of 900mm |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Carparking: | 1 carparking space provided behind front building line |
| Roof pitch: | maximum of 25 degrees |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |
|
maximum height of:
| • | 2.7m from floor level to underside of eaves |
| • | 500mm from ground level to ground floor level |
| Privacy: | windows in a habitable room having an outlook to an adjoining dwelling and within 3m of a | |
| boundary: | ||
|
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the window less than 1.5m above floor level |
| Energy efficiency: | satisfies a 3.5 star rating (Sustainable Energy Development Authority (SEDA) scorecard or Nationwide House Energy Rating Software for Australian Conditions (NatHERS) report) |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Development standards | |||||
|
no more than one-third of the front setback area is paved or sealed
| (b) New detached two storey dwelling-house in the urban | Siting: | setback of external |
| walls: |
development program
| • | 6m from front boundary in residential zones areas |
| • | no part of the structure located in front of the Council’s building line |
| • | waterfront reserves—in accordance with the Council’s |
Building Line Development Control Plan
| • | from side and rear boundary— minimum of 900mm |
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Carparking: | 1 carparking space provided behind front building line | |||
| Roof pitch: | maximum of 25 degrees | |||
| Structure: | maximum floor space ratio of 0.5:1 | |||
| maximum height of: | ||||
| ||||
| Privacy: | windows in a habitable room having an outlook to an adjoining dwelling and within 3m of a | |||
| boundary: | ||||
|
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the window less than 1.5m above floor level |
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| Schedule 1 | Amendment of Gosford Planning Scheme Ordinance |
| Type of development | Development standards | |||||||
|
no more than one-third of the front setback area is paved or sealed
| 6 | Change of use of a building | |||
| (a) |
| |||
|
| • | the building has either rear service access or access to off-street loading facilities |
| • |
the building has been lawfully a light industry
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |||||
|
conditions of consent relating to previous unloading of goods or vehicles are complied with
| (b) Shop to shop or commercial premises to | • | the building has been lawfully |
| constructed to be used for a shop or |
| commercial premises | commercial premises |
| • | the building is not to be used as premises in which: | |
|
the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth) is
displayed or sold or otherwise
rendered accessible or available to
the public, or
| (b) | there is conducted a business an object of which is the display or sale of any article, material, |
compound, preparation, device or other thing (whether of the same or of a different kind or nature) that is primarily concerned with, or is used or intended to be used in connection with, sexual
behaviour but is not printed matter
| • | the proposed use is not that of a brothel |
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| Type of development | Development standards | |||
|
or commercial premises was so used
immediately before the commencement of
the new use
| • | conditions of consent relating to the previous use or construction of the building concerning matters of |
maintenance, of landscaping, the parking of vehicles or the provision of space for the loading or unloading of goods or
vehicles are complied with
| • | the existing building and any proposed alterations to comply with the fire safety |
| provisions of the Building Code of Australia |
| 7 | Alterations | • | certification is obtained from a qualified |
| (non-residential) | practising structural engineer | ||
| • | the alteration involves only the internal fabric or appearance of the building | ||
| • | the development does not involve the enlargement or extension of the work | ||
| • | the existing building and any proposed alterations to comply with the fire safety | ||
| provisions of the Building Code of Australia |
| 8 | Machinery or hay sheds | non-rural zones including conservation and | |||
| associated with | scenic protection zones: | ||||
| agricultural activities on | |||||
| the property |
|
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| Amendment of Gosford Planning Scheme Ordinance | Schedule 1 |
| Type of development | Development standards | |||
| properties less than 10 hectares in area: | ||||
| • maximum height of 6m nominated exclusion areas: | ||||
|
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
(Clause 4 (1) (b))
[1] Clause 3
Omit the definition of Bed and breakfast accommodation from
| clause 3 (1). Insert instead: |
Bed and breakfast accommodation means a room or suite of
rooms capable of being used as bedrooms that are within or attached to a single dwelling-house and that are used for the provision, by the permanent residents of the dwelling-house, of short-term paid accommodation.
[2] Clause 3 (1), definition of “Cluster development”
Omit the definition. Insert instead:
Cluster development means the erection of 3 or more dwellings
on a single allotment of land.
[3] Clause 3 (1), definition of “Motel”
Omit the words “or residential flat building”. accommodation”.
[4] Clause 3 (1)
Insert in alphabetical order:
Prostitution includes acts of prostitution between persons of
different sexes or of the same sex, and includes:
| (a) | sexual intercourse (as defined in section 61H of the |
Crimes Act 1900) for payment, and
| (b) | masturbation committed by one person on another for payment. |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
Tourist unit means a room or suite of rooms occupied or used,
or so constructed or adapted as to be able to be occupied or used, on a temporary basis for the accommodation of tourists only.
[5] Clause 3 (1), definition of “residential flat building”
Omit “but does not include anything elsewhere defined in this Order”.
[6] Clause 5 Zone objectives and development control table
Insert “home industries;” in alphabetical order in item 2 of the matter relating to Zone No 1 (a) in the Table to the clause.
[7] Clause 5, Table
| Insert “rural tourist facilities; rural tourist units” in alphabetical order in item 2 of the matter relating to Zone Nos 1 (a) and 1 (b). |
[8] Clause 5, Table
Insert “dual occupancies—attached;” in alphabetical order in item 2 of the matter relating to Zone No 7 (b).
[9] Clause 5, Table
Omit “motel;” from item 2 of the matter relating to Zone No 7 (c3).
[10] Clause 5, Table
| Insert “tourist units;” in alphabetical order in item 2 of the matter relating to Zone No 7 (c3). |
[11] Clause 24 Tourist units
Omit “A motel”. Insert instead “Tourist units”.
[12] Clause 24 (2) and (3)
Omit “a motel” wherever occurring. Insert instead “tourist units”.
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
[13] Clause 30A
Insert after clause 30:
|
The Council must not grant consent to the carrying out of development for the purposes of bed and breakfast accommodation if the proposed development involves more than 4 bedrooms or accommodation for more than 8 guests.
[14] Clause 40C Complying development
Insert “and the development of which would cause disturbance of those acid sulphate soils” after “soils” in clause 40C (3) (a) (iii).
[15] Clause 40C (3A)
Insert after clause 40C (3):
(3A) Despite subclause (3), development for the purposes of swimming pools or spas is not prevented from being complying development despite the fact that it is carried out on land that is flood liable or subject to a high bushfire hazard as shown on a map held by the Council.
[16] Schedules 3 and 4
Omit the Schedules. Insert instead:
|
| Type of development | Limit |
| 1 | Erection and use of a business identification sign listed below | ||
| (a) | Business signs in Business Zones | ||
|
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit |
sign
| Siting: | if over a public road, erected at a minimum height of 3m above |
| ground level | |
| Structure: | one per premises |
| securely fixed by metal supports | |
| Heritage: | not erected on an item of environmental heritage |
| Vertical or horizontal | Maximum size: | 2.5m2 in area |
| projecting wall signs | ||
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level | ||
| Structure: | one per premises | |
| Heritage: | not erected on an item of environmental heritage | |
| Flush wall signs | Maximum size: | 2.5m2 in area |
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level | ||
| Structure: | securely fixed | |
| Heritage: | not erected on an item of environmental heritage |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit | ||||
| (b) Business identification signs in Industrial Zones |
|
ground level
| Structure: | securely fixed |
| (c) Business identification signs in Residential Zones | Maximum size: | 0.75m2 in area |
| Siting: | if over a public road, erected at a minimum height of 3m above | |
| ground level |
2 Ancillary development relating to a dwelling, being the erection and use of a structure listed
| below on land other than land in Zone No 4, 5, 6 (a), 6 (b) or 6 (d) | ||||
| (a) |
|
all mechanical
components and their
enclosures located a
minimum of 6m from
any property boundary
and behind building line
to any street frontage
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit | ||
| (b) Awnings, canopies and |
|
storm blinds
maximum aggregate
area of 30m2
| Siting: | located wholly within property boundaries |
| Drainage: | incorporates drainage to prevent discharge of stormwater to adjoining properties and provides discharge to appropriate outlets |
| (c) | Barbecues | Maximum size: | 10m2 in area |
| Maximum height: | 2.1m | ||
| Siting: | located behind the building line and not located in a prominent location | ||
| located in an area not to cause a nuisance to those on adjoining allotments | |||
| minimum of 450mm from boundary |
| (d) Bird aviaries, cabanas, cubbyhouses, garden sheds, | Maximum size: | maximum floor area of |
| 12m2 |
greenhouses and
| shadehouses and | maximum height of |
| workshops and the like | 2.4m |
| Siting: | minimum of 450mm from boundary |
| located in the rear yard | |
| not located in a highly visible or prominent position |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit | |||
|
stormwater not directed to adjoining properties
not where structure will
impede floodways or
overland flowpaths
| Bushfire control: | no structure consisting of highly flammable materials on land shown as high bushfire hazard on a map held by the Council |
| Usage: | for domestic purposes only |
| (e) Children’s play equipment (other than cubbyhouses) | Maximum size: | maximum height of |
| 2.4m (except for basketball backboards and poles—maximum height of 3.5m) | ||
| Siting: | located behind building line to any street frontage | |
| located at least 900mm from any property boundary |
| (f) | Clothes lines | Siting: | located behind building line to any street frontage and not within the front yard |
| Installation: | to manufacturer’s specifications |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit |
| (g) | Decks | Maximum size: | maximum area of 30m2 maximum width of 3m maximum height of |
| 500mm above finished ground level | |||
| Siting: | located behind building line | ||
| minimum side boundary setback of 3m | |||
| not within a secondary overflow path or natural watercourse | |||
| not over an easement or right of carriageway | |||
| not within the zone of influence of an existing sewer main or drainage easement | |||
| Structure: | not roofed or enclosed on sides | ||
| structurally sound and of good quality | |||
| all timbers to be of a minimum durability class 2 or adequately treated | |||
| Bushfire control: | no structure consisting of highly flammable materials on land shown as high bushfire hazard on a map held by the Council |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit | |
|
Gosford Local
Environmental Plan
No 183, Development
Control Plan
No 34—Items of
Environmental
Heritage, the Heritage
Act 1977 or Sydney
Regional
Environmental Plan
No 20—Hawkesbury-
Nepean River
(No 2—1997)
| (h) Driveways within the property boundaries | Maximum size: | maximum width of |
| 3.5m | ||
| Siting: | located at or near ground level so as not to require retaining or filling to depths greater than 600mm | |
| Structure: | complies with the requirements of AS 2890.1—1993, | |
| Parking facilities, Part 1: Off-street car parking | ||
| Drainage: | incorporates drainage to prevent discharge of surface water to adjoining properties and to provide discharge to appropriate outlets | |
| does not affect the overland flowpath of surface water so as to adversely affect adjoining properties |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit | |
|
| (i) | Fences—front | Maximum height: | open style (eg picket or pool fencing): 1.2m |
| solid (eg decorative brick or timber): 1m | |||
| Siting: | on or behind the building line | ||
| gates do not obstruct pedestrian access along a public roadway | |||
| Structure: | of materials compatible with streetscape | ||
| not made of solid metal materials | |||
| no fences with high flammability on land shown as high bushfire | |||
| hazard on a map held by the Council | |||
| Tree protection: | no strip footing construction where a tree is located within 3m on either private or public property |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit |
| (j) | Fences—side and rear | Maximum size: | maximum height of 1.8m |
| Siting: | not where fence will impede floodways or overland flowpaths | ||
| behind building line | |||
| does not interfere with traffic visibility at intersections | |||
| Tree protection: | no strip footing construction where a tree is located within 3m on either private or public property | ||
| Privacy screens: | open style privacy screens such as lattice must have a maximum length of 3m and a maximum height above the fence of 450mm and must not be attached to the fence structure | ||
| (k) | Flagpoles | Maximum size: | maximum height of 6m above existing ground level |
| Siting: | located at least 1m from any boundaries | ||
| Structure: | one only for any single allotment of land | ||
| structurally adequate | |||
| (l) | Lighting | General: | not for a tennis court or sportsfield |
| (m) Paving (not including | Maximum size: | maximum area of 30m2 |
paths)
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit | |||
|
does not affect the
overland flowpath of
surface water so as to
adversely affect
adjoining properties
| Tree protection: | areas of paving located within 3m of existing trees are constructed of loose pavers to allow minor ground movement due to root system |
| (n) | Pergolas and sails | Maximum size: | maximum area of 30m2 |
| maximum height of 2.4m above ground or, if the building has a deck, above existing deck level | |||
| Siting: | minimum side boundary setback of 900mm | ||
| behind building line | |||
| not within the zone of influence of an existing sewer main or drainage easement | |||
| not over an easement or right of carriageway |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit |
not within a secondary
overflow path or
natural watercourse
| Bushfire control: | no pergolas with high flammability on land shown as high bushfire |
| hazard on a map held by the Council | |
| Drainage: | not where pergolas will impede floodways or overland flowpaths |
| Structure: | only one per lot and not exceeding an aggregatearea of 30m2 |
| not roofed or enclosed on sides | |
| not attached to fences | |
| structurally sound and of good quality | |
| all timbers to be of a minimum durability class 2 or adequately treated | |
| sails to be made of a pervious material and to comply with the manufacturer’s specifications |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit | |
|
affected by Gosford Local Environmental Plan No 183,
Development Control Plan No 34—Items of Environmental
Heritage, the Heritage
Act 1977 or Sydney
Regional
Environmental Plan
No 20—Hawkesbury-
Nepean River
(No 2—1997)
| (o) Rainwater tanks on land other than on land in Zone | Maximum size: | maximum volume of |
| 4,500 litres |
No 1 (a), 1 (b), 1 (c), 1 (d),
| 7 (a), 7 (b), 7 (c2), 7 (c3), | Specifications: | complies with AS/NZS |
| 7 (c4), 7 (c5), 7 (c6), 7 (d) | 2179.1:1994, | |
| or 7 (e) | Specifications for rainwater goods, accessories and fasteners, Part 1: Metal | |
| shape or sheet rainwater goods, and metal accessories and fasteners and AS 2180—1986, Metal rainwater goods—Selection and installation | ||
| maximum height of 1.8m above ground level | ||
| Siting: | located at least 900mm from any property boundaries | |
| located behind building line to any street frontage |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit |
not located over
stormwater or sewer
pipes
not resting on the edge
of wall footings
| Drainage: | provision made to prevent overflow running onto adjoining |
| properties | |
| Structure: | support structure to manufacturer’s specifications or requirements of a qualified practising structural engineer |
| all openings are sealed or protected to prevent ingress of animals and insects |
Water connection: no connection or
cross-connection
between the reticulated
town water supply and
tank water
| (p) | Rainwater tanks on land in | Specifications: | complies with AS/NZS |
| Zone No 1 (a), (b), 1 (c), | 2179.1:1994, | ||
| 7 (a), 7 (b), 7 (c2), 7 (c3), | Specifications for | ||
| 7 (c4), 7 (c5), 7 (c6), 7 (d) | rainwater goods, | ||
| or 7 (e) | accessories and fasteners, Part 1: Metal shape or sheet rainwater goods, and metal accessories and fasteners and AS 2180—1986, Metal rainwater goods—Selection and installation |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit |
support structure to
manufacturer’s
specifications or
requirements of
qualified practising
structural engineer
| Structure: | not resting on the edge of wall footings |
| (q) | Retaining walls | Maximum area: | maximum height of 1m above or below natural ground level |
| Siting: | located on slopes not greater than 20% | ||
| located no closer than 5m apart | |||
| not constructed over sewer mains or sewer manholes | |||
| Structure: | structurally sound and of good quality | ||
| masonry walls comply with: AS 3700.2001, | |||
| Masonry structures, | |||
| AS 3600—2001, | |||
| Concrete structures, | |||
| AS/NZS 1170.1:2002, AS/NZS 1170.2:2002 and AS 1170.4—1993 (Minimum design loads on structures) |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Limit |
timber walls comply
with:
AS 1720.1—1997,
AS 1720.2—1990 and
AS 1720.4—1990
(Timber structures)
AS/NZS 1170.1:2002,
AS/NZS 1170.2:2002
and AS 1170.4—1993
(Minimum design loads
on structures)
| Drainage: | do not impede the natural flow of stormwater drainage or run-off |
| Tree protection: | not constructed within 3m of an existing tree |
| (r) | Satellite dishes | Maximum size: | maximum diameter of 1.2m |
| Siting: | maximum height of 1.5m above lowest point of roof | ||
| behind the building line and located no closer than 900mm to side boundaries | |||
| no detrimental effect on adjoining properties | |||
| Usage: | for domestic purposes only |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Limit |
| (s) | Skylights and roof windows | Maximum area: | maximum area of |
| (including solar tubes or | skylight does not | ||
| similar installations) | exceed 1m2 | ||
| Siting: | located not less than 900mm from a property boundary and not less than 900mm from a wall separating attached dwellings | ||
| Structure: | building work will not reduce the structural integrity of the building or involve structural alterations | ||
| any openings created by the installation are adequately weatherproofed | |||
| (t) | Solar water heaters | Installation: | installed to manufacturer’s specifications |
| installed by a licensed person and in accordance with the provisions of the relevant Australian Standards | |||
| Structure: | does not reduce the structural integrity of the building | ||
| any opening is sealed by the use of adequate weatherproofing |
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| Type of development | Limit |
| (u) | Solid fuel heaters | Structure: | complies with AS/NZS |
| 4013:1999, Domestic solid fuel burning appliances—Method for determination of flue gas emission | |||
| rain excluders, if used, are of a type which do not impede the vertical flow of exhaust gases | |||
| Installation: | in accordance with AS/NZS 2918:2001, | ||
| Domestic solid fuel burning appliances— Installation and | |||
| undertaken by licensed installer | |||
| Siting: | chimney or flue a minimum of 300mm above any structure within a 3.6m horizontal radius | ||
| Point of | the top of the chimney | ||
| discharge: | or flue must be at least 1m higher than any other building within a 15m radius | ||
| Height of | maximum height of | ||
| chimney or flue: | 6m above roof |
| (v) Television aerials or | Maximum size: | maximum height of 6m |
| antennae | above roof |
| maximum width of 1.5m |
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| Type of development | Limit | ||
| (w) Temporary buildings: |
|
| • builders’ sheds • portaloos | boundaries |
| • scaffolds | Structure: | structurally adequate |
| associated with | ||
| construction sites where | on site for a period of | |
| development consent or | not more than 5 months | |
| construction certificate | within any 12-month | |
| approval exists | period | |
| Drainage: | stormwater not directed to adjoining properties |
| (x) Water heaters (other than | Installation: | carried out by a |
| solar systems) | licensed person |
| (y) | Access ramps and stairs | Maximum size: | maximum height of 1m |
| maximum grade of 1:14 (ramps) | |||
| Location: | behind building alignment | ||
| Standard: | In accordance with the | ||
| Building Code of Australia and AS 1428.1—2001, Design | |||
| for access and mobility, Part 1: General requirements for access—New building work |
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| Type of development | Limit |
| 3 | Demolition on land | Demolition is carried out in accordance with |
| (other than demolition of a | AS 2601—2001, Demolition of structures | |
| heritage item affected by | ||
| Gosford Local Environmental Plan No 183, Development Control Plan No 34—Items of Environmental Heritage, the Heritage Act 1977 or Sydney Regional Environmental Plan No 20—Hawkesbury- Nepean River (No 2—1997) | ||
| or demolition requiring a waste management plan | ||
| under Development Control Plan 106—Controls for Site Waste Management) | ||
| 4 | Maintenance to an | Rotten or white ant affected timbers may only |
| existing dwelling or part | be replaced with new timber or recycled | |
| of a dwelling or | timber of the same or similar dimensions | |
| associated structure on | ||
| land other than land in | Damaged, rotten or deteriorated doors and | |
| Zone No 4, 5, 6 (a), 6 (b) | windows may only be replaced with new | |
| or 6 (d) and other than | materials of similar overall dimensions in the | |
| on land that is within | same locations | |
| 50m of a beach that has | ||
| been subject to a | Wall and ceiling sheet cladding materials may | |
| coastal processes study | only be replaced with new sheet cladding | |
| prepared by the Council | materials | |
| Where materials are external, the replacement of masonry is not permitted | ||
| Roofing materials may only be replaced with new roofing of the same type, to the same slope and framework as previously existed, that is, with no change to the roofline | ||
| Includes a change from tiles to metal sheeting, but only if stormwater is to be directed to an approved drainage system |
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| Type of development | Limit | |
| Includes the replacement of floor and wall tiles and plumbing fittings and prime cost items within the building | ||
| Kitchen cabinets may only be replaced with new kitchen cabinets and benchtops in the same kitchen room area as existed | ||
| The movement, deletion or inclusion of | ||
| doorways within the structure may occur only | ||
| if: | ||
|
it does not cause a change in existing dwelling, and
| (b) | the work is non-structural, and |
| (c) | there is no reduction of light and ventilation to existing rooms, and |
| (d) | the work is internal only |
All exterior materials are to be of low reflectivity. Works to comply with the
provisions of the Building Code of Australia
and relevant Australian Standards
Does not include any increase in floor area or the movement of walls, replacement of one type of wall with another (such as replacing a timber frame wall with brickwork), building decks, moving kitchens to other areas or changing the roof shape, pitch or height
Does not involve the total rebuilding of a structure by virtue of dilapidation or deterioration
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| Type of development | Limit | |
|
affected by Gosford Local Environmental Plan No 183,
Development Control Plan No 34—Items of Environmental
Heritage, the Heritage
Act 1977 or Sydney
Regional
Environmental Plan
No 20—Hawkesbury-
Nepean River
(No 2—1997)
| 5 | Minor internal | Structure: | alteration involves only |
| alterations to, or | the internal fabric or the | ||
| replacement of, a | appearance of the | ||
| building or work not | building or work or | ||
| associated with a | alterations to the | ||
| dwelling on land other | external fabric or | ||
| than land in Zone No | appearance of the | ||
| 6 (d) and other than on | building or work (being | ||
| land that is within 50m | changes that involve the | ||
| of a beach that has been | repair or renovation of | ||
| subject to a coastal | painting, plastering or | ||
| processes study | other decoration of the | ||
| prepared by the Council | building or work) | ||
| the development does not involve the enlargement or extension of the work | |||
| non-structural work only | |||
| no reduced light or ventilation from windows, no reduced doorways for egress purposes and no enclosure of open areas |
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| Type of development | Limit |
alterations or renovations to previously completed
buildings only
no change to roofline
no changes to
configuration of rooms,
whether by removal of
existing walls or
partitions or by other
means
building before and
after alterations
complies with safety
provisions of the
Building Code of
Australia
| Materials: | materials other than masonry |
| external materials of low reflectivity | |
| Heritage: | not on properties |
| affected by Gosford Local Environmental Plan 183, Development | |
| Control Plan No 34—Items of Environmental Heritage, the Heritage Act 1977 or Sydney Regional Environmental Plan No 20—Hawkesbury- Nepean River (No 2—1997) | |
| Drainage: | stormwater directed to an approved drainage system |
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| Type of development | Limit |
6 Carrying out of minor works in public areas being the erection and use of a structure listed
| below on land other than land in Zone No 4 or 6 (d) and other than on land that is within 50m of a beach that has been subject to a coastal processes study prepared by the Council | ||||
| (a) |
|
maximum grade of 1:14
(for ramps)
| Standard: | in accordance with the |
| Building Code of Australia and AS 1428.1—2001, Design | |
| for access and mobility, Part 1: General requirements for access—New building work |
| (b) Bridges and staircases installed in public parks and | Structure: | bridges to maximum |
| span of 5m and |
| recreation areas | constructed by or for the Council |
| design, fabrication and installation to be in accordance with AS 4100—1998 (for steel structures) and AS 1720.1—1997, AS 1720.2—1990 and AS 1720.4—1990 (for timber structures) |
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| Type of development | Limit |
| (c) | Goal posts, sight screens | Standards: | construction by or for |
| and similar ancillary | the Council or sporting | ||
| sporting structures on | organisation and | ||
| sporting or playing fields | installed in accordance | ||
| for the use in playing or | with relevant Australian | ||
| performance of sporting | Standards | ||
| events (excluding grandstands, dressing sheds and other such structures) |
| (d) Parks and street furniture including seats, bins, picnic | Standards: | construction by or for |
| the Council and |
| tables and minor shelters | installed in accordance with relevant Australian Standards |
| (e) Playground equipment on community land | Standards: | constructed by or for |
| the Council and designed, fabricated and installed in accordance with the relevant Australian Standards |
| 7 | Development for the | General: | in accordance with a |
| purpose of recreation | plan of management | ||
| and sporting facilities of | prepared by the | ||
| minor environmental | Council | ||
| significance | |||
| 8 | Subdivisions of minor | General: | subdivision for one of |
| environmental | the following purposes | ||
| significance on land | only: | ||
| other than land in Zone No 6 (d) |
|
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| Type of development | Limit |
| • | making an adjustment to a boundary between allotments, being an adjustment that does not involve the creation of any additional allotment |
| • | making an adjustment to a boundary between allotments that does not constitute a resubdivision |
| • | a minor adjustment that does not significantly change the size or shape of the allotments by more than 10% |
| • | rectifying an encroachment on an allotment |
| • | creating a public reserve |
| • | consolidating allotments |
2004 No 131
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| Type of development | Limit |
| • | excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, the purposes of a rural fire brigade or other rescue service, or for public conveniences |
| • | making an adjustment to a boundary between allotments, being an adjustment that does not involve allotments with a split land use zone classification, flood liable classification, bushfire hazard classification or requiring geotechnical assessment |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Schedule 4 Complying development | (Clause 40C) |
| Type of development | Development standards |
| 1 | Ancillary development (other than exempt development) relating to a dwelling, being the erection and use of: | ||
|
| storm blinds | and maximum area of |
| • | Cabanas, gazebos or | 20m2 |
| greenhouses • Cubbyhouses | maximum height of |
| • | Garden sheds | 2.4m above ground |
| • | Workshops and the like | level or existing deck |
| • | Screen enclosures | level (awnings only) |
| screen enclosures to remain open for two- thirds of the perimeter of the structure |
| Siting: | no part of the structure is located in front of the Council’s building line |
| external wall of the structure set back at least 900mm from a side or rear boundary | |
| posts of awnings or pergolas may extend to the allotment boundary provided no part of the structure encroaches beyond that boundary | |
| roof covering set back 500mm from boundary | |
| only screen materials permitted in open areas |
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| Type of development | Development standards | |||||||||
|
Development Control
Plan No 115)
| 2 | Erection and use of a garage, carport or awning associated with a dwelling | |||
| (a) |
|
| Maximum height: | 250cm from ground level to ground floor level |
| 2.7m from floor level to underside of eaves | |
| maximum roof pitch of 25 degrees | |
| Siting: | no part of the structure is located in front of the Council’s building line |
| external wall of the structure set back at least 900mm from a side or rear boundary |
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| Type of development | Development standards | |||||||||
|
Development Control
Plan No 115)
| Streetscape: | where facing a public road or access way—maximum width of 6m or 50% of the frontage, whichever is less |
| Setback: | carport or awning posts may extend to the allotment boundary provided no part of the structure encroaches beyond that boundary |
| roof covering set back 500mm from boundary | |
| Tree protection: | no part of the structure located within 6m of an existing tree |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Development standards |
| (b) | Garages | Maximum size: | maximum area of 50m2 maximum height of: | |
| ||||
| maximum roof pitch of 25 degrees | ||||
| Siting: | no part of the structure located in front of the Council’s building line | |||
| external wall of the structure set back at least 900mm from a side or rear boundary | ||||
| Tree protection: | no part of the structure located within 6m of an existing tree | |||
| Materials: | non-reflective external walling and roofing materials | |||
| Streetscape: | where facing a public road or access way—maximum width of 6m or 50% of the frontage, whichever is the lesser | |||
| Stormwater: | stormwater connected to street gutter or disposal area |
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| Type of development | Development standards | |||||
|
structures built of flood
compatible materials
permitted (see
Development Control
Plan No 115)
| 3 | Construction and use of | Siting: | no part of the structure |
| spas and swimming | located in front of the | ||
| pools associated with a | Council’s building line | ||
| dwelling | |||
| located a minimum of 1.2m from side or rear boundaries | |||
| (measurement is from boundary to edge of water) | |||
| Height: | pool coping and decking no more than 500mm above ground level | ||
| Fencing: | minimum of 1.2m in height with self latching gate | ||
| to comply with the provisions of the | |||
| Swimming Pools Act 1992 and AS | |||
| 1926.1—1993, | |||
| Swimming pool safety, Part 1: Fencing for swimming pools |
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| Type of development | Development standards | |||
|
overflow pipe provided and connected to sewer
wherever sewer is not
available, backwash and
overflow is to be
directed to a suitable on
site location that does
not affect adjoining
properties or pollute
any natural watercourse
| Drainage: | coping graded and drained so as not to cause a nuisance to adjoining property |
| Tree protection: | no part of the structure located within 6m of an existing tree |
| Flood liable: | permitted subject to electrical fixtures being located above the 1% Annual Exceedance Probability |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Development standards |
| 4 | Alterations or additions to a dwelling (not including awnings, enclosures and the like) |
| (a) Minor internal alterations | Siting: | setback of external |
| (structural and | walls: | ||
| non-structural) to a | |||
| dwelling, and minor |
|
| additions or alterations to | structure located |
| detached single storey | in front of the |
| dwelling-house | Council’s building line |
| • | from side and rear boundary— minimum of 900mm |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Maximum area: | maximum floor space of 50m2 | |||
| maximum floor space ratio of 0.5:1 | ||||
| Structure: | maximum height of: | |||
| ||||
| roof pitch compatible with the pitch of the existing dwelling |
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| Type of development | Development standards | |
|
boundary:
| • | are at least 0.5m from the window of the adjoining |
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the windows less than 1.5m above floor level |
| Tree protection: | no part of the structure located within 6m of an existing tree |
| (b) Major additions or alterations to detached | Structure: | maximum floor space |
| ratio of 0.5:1 |
single storey
| dwelling-house | maximum height of: | |||
| ||||
| roof pitch a maximum of 25 degrees |
2004 No 131
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Development standards | |
|
| • | no part of the structure located in front of the Council’s building line |
| • | from side and rear boundary— minimum of 900mm |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Carparking: | 1 carparking space provided behind front building line. Each space has minimum dimensions of 2.7m x 5.5m | |
| Privacy: | windows in a habitable room having an outlook to an adjoining dwelling and within 3m of a | |
| boundary: | ||
|
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the window less than 1.5m above floor level |
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| Type of development | Development standards | |||
|
a minimum of 20% of
the site has no hard
surfaces
no more than one-third of the front setback area is paved or sealed
| Tree protection: | no part of the structure located within 6m of an existing tree |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Development standards |
| 5 | Erection and use of dwelling-house | |||
| (a) |
| |||
|
other than land in Zone
| ||||
|
| • | no part of the structure located in front of the Council’s building line |
| • | waterfront reserves—in accordance with the Council’s |
Building Line Development Control Plan
| • | from side and rear boundary— minimum of 900mm |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Carparking: | 1 carparking space provided behind front building line |
| Roof pitch: | maximum of 25 degrees |
2004 No 131
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Development standards | |
|
maximum height of:
| • | 2.7m from floor level to underside of eaves |
| • | 500mm from ground level to ground floor level |
| Privacy: | windows in a habitable room having an outlook to an adjoining dwelling and within 3m of a | |
| boundary: | ||
|
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the window less than 1.5m above floor level |
| Energy efficiency: | satisfies a 3.5 star rating (Sustainable Energy Development Authority (SEDA) scorecard or Nationwide House Energy Rating Software for Australian Conditions (NatHERS) report) |
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Development standards | |||||
|
no more than one-third of the front setback area is paved or sealed
| (b) New detached two storey dwelling-house in the urban | Siting: | setback of external |
| walls: |
development program
| • | 6m from front boundary in residential zones areas |
| • | no part of the structure located in front of the Council’s building line |
| • | waterfront reserves—in accordance with the Council’s |
Building Line Development Control Plan
| • | from side and rear boundary— minimum of 900mm |
2004 No 131
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Development standards |
setback of eaves and
gutters overhang a
minimum of 675mm
from side and rear
boundaries
| Carparking: | 1 carparking space provided behind front building line | |||
| Roof pitch: | maximum of 25 degrees | |||
| Structure: | maximum floor space ratio of 0.5:1 | |||
| maximum height of: | ||||
| ||||
| Privacy: | windows in a habitable room having an outlook to an adjoining dwelling and within 3m of a | |||
| boundary: | ||||
|
dwelling, or
| • | have sill heights of 1.5m above floor level, or |
| • | have fixed opaque glass in any part of the window less than 1.5m above floor level |
2004 No 131
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| Schedule 2 | Amendment of Interim Development Order No 122—Gosford |
| Type of development | Development standards | |||||||
|
no more than one-third of the front setback area is paved or sealed
| 6 | Change of use of a building | |||
| (a) |
| |||
|
| • | the building has either rear service access or access to off-street loading facilities |
| • |
the building has been lawfully a light industry
2004 No 131
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Development standards | |||||
|
conditions of consent relating to previous unloading of goods or vehicles are complied with
| (b) Shop to shop or commercial premises to | • | the building has been lawfully |
| constructed to be used for a shop or |
| commercial premises | commercial premises |
| • | the building is not to be used as premises in which: | |
|
the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth) is
displayed or sold or otherwise
rendered accessible or available to
the public, or
| (b) | there is conducted a business an object of which is the display or sale of any article, material, |
compound, preparation, device or other thing (whether of the same or of a different kind or nature) that is primarily concerned with, or is used or intended to be used in connection with, sexual
behaviour but is not printed matter
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| Type of development | Development standards | |||||
|
or commercial premises was so used
immediately before the commencement of
the new use
| • | conditions of consent relating to the previous use or construction of the building concerning matters of |
maintenance, of landscaping, the parking of vehicles or the provision of space for the loading or unloading of goods or
vehicles are complied with
| • | the existing building and any proposed alterations to comply with fire safety |
| provisions of the Building Code of Australia |
| 7 | Alterations | • | certification is obtained from a qualified |
| (non-residential) | practising structural engineer | ||
| • | the alteration involves only the internal fabric or appearance of the building | ||
| • | the development does not involve the enlargement or extension of the work | ||
| • | the existing building and any proposed alterations to comply with fire safety | ||
| provisions of the Building Code of Australia |
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| Amendment of Interim Development Order No 122—Gosford | Schedule 2 |
| Type of development | Development standards |
| 8 | Machinery or hay sheds | non-rural zones including conservation and | |||
| associated with | scenic protection zones: | ||||
| agricultural activities on | |||||
| the property |
| ||||
| properties less than 10 hectares in area: | |||||
| • maximum height of 6m nominated exclusion areas: | |||||
|
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