Gunnedah Local Environmental Plan 1998 (NSW)
This plan is called Gunnedah Local Environmental Plan 1998.
The aims of this plan are:
(a) to consolidate and modernise existing planning controls in a manner that will foster and balance development and the conservation of land within the Gunnedah local government area, and
(b) to repeal Gunnedah Local Environmental Plan 1986.
The objectives of this plan are:
(1) Rural (a) to encourage the proper management, development and conservation of all prime agricultural land, and
(b) to ensure that all development on rural land is sustainable in the long term, and
(c) to ensure natural resources are conserved and to encourage proper management and development of natural and man-made resources.
(2) Urban (a) to encourage the development of Gunnedah as the main retail, commercial and professional service centre within the Liverpool Plains area, and
(b) to provide greater flexibility in residential living styles and increased residential amenity.
(3) Industry to encourage and facilitate a diverse range of industrial land use types.
(4) Social welfare/well-being to protect and enhance the social welfare/well-being of residents and ratepayers in the Gunnedah local government area.
(5) Environmental protection to sustain and enhance land of environmental and scenic sensitivity.
(6) Heritage to protect and conserve the heritage of the Gunnedah local government area.
(7) Flooding (a) to reduce the incidence of damage and level of hazard to areas subject to flooding by managing development in the floodplain and in floodways, and
(b) to allow more detailed controls on development in the floodplain and in floodways to be provided in the Council’s Interim Flood Prone Lands Policy.
This plan applies to all land located within the Gunnedah local government area.
This plan repeals Gunnedah Local Environmental Plan 1986.
In this plan:
(a) any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, or
(b) the cultivation of crops and the growing of fruit, vegetables, and the like,
but (in Part 2) does not include any other land use elsewhere specifically defined in this plan.
(a) a main road, or
(b) a secondary road, or
(c) a State highway, or
(d) a tourist road, or
(e) a State work, or
(f) a freeway, or
(g) a controlled access road, or
shown on the map by a continuous black line on white with the letter “A” intermittently shown.
(a) auto-electricians workshop,
(b) auto spare parts sales,
(c) car repair station,
(d) tyre and car battery sales,
(e) tyre retreading workshop.
(a) at which accommodation, meals and laundry facilities are provided to the residents of the building, and
(b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
(a) body building, or
(b) panel beating which involves dismantling, or
(c) spray painting other than of a touching up character.
(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non government school, within the meaning of the Education Reform Act 1990, and
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
(a) a reference to the identity or a description of the place or premises, or
(b) a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises, or
(c) particulars of any occupation carried on at the place or premises, or
(d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there, or
(e) particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act, or
(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises, or
(g) a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting, or
(h) particulars of any activities held or to be held at the place or premises, or
(i) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.
(a) a public library, a rest room, meeting rooms, recreation areas, child minding (including care and ancillary educational facilities, cultural activities and social functions), information centres, museums, galleries and the like, and
(b) a local community club, being a building or place used by persons sharing like interests, but not including a registered club,
whether or not that building or place is also used for another purpose.
(a) except as provided by paragraph (b), the area of a lot, portion or parcel of land as it was at the appointed day, or
(b) if, at the appointed day, a person owned two or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were at that day.
(a) the winning of extractive material, or
(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air conditioning ducts, and
(c) car-parking needed to meet any requirements of the Council and any internal access thereto, and
(d) space for the loading and unloading of goods.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) to human health, life or property, or
(b) to the biophysical environment.
(a) the building does not occupy a floor space exceeding 50 square metres and is erected within the curtilage of the dwelling house or residential flat building occupied by the person carrying out the industry or on adjoining land owned by that person, and
(b) the industry does not involve:
(i) interference with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(ii) exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii) the provision of any essential service main of a greater capacity than that available in the locality, or
(iv) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident).
(a) the registration of the building under the Factories, Shops and Industries Act 1962, or
(b) the employment of persons other than those residents, or
(c) interference with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(d) the display of goods, whether in a window or otherwise, or
(e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident), or
(f) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
(a) feed lots,
(b) piggeries, and
(c) poultry farms,
but does not include animal boarding, breeding or training establishments, land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land or opportunity feeding as a result of a natural disaster, such as flood or bushfire.
(a) that comprises one or more major sections that are each constructed and assembled away from any manufactured home estate on which it is situated, and
(b) that is not capable of being registered under the Traffic Act 1909, and
(c) that, if it is to be installed on a manufactured home estate, must be transported to the estate for installation,
and includes any associated structures that form part of the dwelling.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) 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.
(a) use or settlement of the Gunnedah local government area, not being Aboriginal habitation, which is more than 50 years old,
(b) Aboriginal habitation of the Gunnedah local government area whether before or after its occupation by persons of European extraction.
(a) the making of structural changes to the inside or outside of the building or work, or
(b) the making of non structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering, or other decoration of the outside of the building or work.
(a) the sale by retail of spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories for motor vehicles,
(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting or suspension, transmission or chassis restoration).
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
• Gunnedah Local Environmental Plan 1998 (Amendment No 5)
• Gunnedah Local Environmental Plan 1998 (Amendment No 7)
• Gunnedah Local Environmental Plan 1998 (Amendment No 10)
• Gunnedah Local Environmental Plan 1998 (Amendment No 16)
• Gunnedah Local Environmental Plan 1998 (Amendment No 17)
• Gunnedah Local Environmental Plan 1998 (Amendment No 18)
• Gunnedah Local Environmental Plan 1998 (Amendment No 20)
• Gunnedah Local Environmental Plan 1998 (Amendment No 21)
(a) showgrounds, racecourses and the like, and
(b) theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like,
and may include an educational function.
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, and
(b) a reference to a map is a reference to a map deposited in the office of the Council, and
(c) a reference to land within a zone specified in clause 9 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.
The list of contents of this plan is not part of this plan.
Notes in this plan are explanatory notes and do not form part of this plan.
Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.
The Environmental Planning and Assessment Model Provisions 1980 (apart from Part 2 (Definitions) and clauses 8, 15, 18, 29, 30, 33 and 34) have been adopted for the purposes of this plan.
The Council is the consent authority for the purposes of this plan.
Development listed in Schedule 5 is
Development is exempt development only if it satisfies all of the following requirements:
(a) it complies with the deemed-to-satisfy provisions of the Building Code of Australia,
(b) it does not obstruct drainage of the site on which it is carried out,
(c) it does not restrict any vehicular or pedestrian access to or from the site,
(d) it is carried out at least one metre from any easement or public sewer main,
(e) it does not require a tree to be removed where the removal of the tree would otherwise require development consent,
(f) it will not result in the total hard surface area on the site exceeding any limit provided in this or any other environmental planning instrument, or any development control plan, applying to the land,
(g) it does not adversely affect the safety or efficiency of any classified road,
(h) it is carried out at least one metre from the boundary of the site on which it is carried out,
(i) it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise.
Development is not exempt development if it is carried out on land:
(a) that is critical habitat, within the meaning of the Threatened Species Conservation Act 1995, or
(b) that is within a wilderness area under the Wilderness Act 1987, or
(c) that is the site of a heritage item, or
(d) that is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(e) that is within Zone No 7 (d), or
(f) that is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes.
Development listed in Part 1 Schedule 6 is
(a) it is local development of a kind that can be carried out with development consent on the land on which it is proposed,
(b) it is not an existing use, as defined in section 106 of the Act,
except as provided by subclauses (2) and (3).
Development is complying development only if:
(a) it complies with the deemed-to-satisfy provisions of the Building Code of Australia, and
(b) it will achieve the outcomes listed in Part 1 of Schedule 6 for the development, and
(c) it will be carried out behind the rear alignment of any building on the site on which it is proposed to be carried out, if that site is located in a heritage conservation area identified in this or an other environmental planning instrument, and
(d) it does not contravene any condition of development consent applying to the land, and
(e) it is consistent with any plan of management prepared under State Environmental Planning Policy No 44—Koala Habitat Protection, and
(f) it is not integrated development.
Development is not complying development if it is carried out on land that:
(a) is critical habitat within the meaning of the Threatened Species Conservation Act 1995, or
(b) is within a wilderness area under the Wilderness Act 1987, or
(c) comprises, or on which there is, a heritage item to which an order under the Heritage Act 1977 applies or that is identified as such an item in this or any other environmental planning instrument, or
(d) is an area identified in this or any other environmental planning instrument applying to the land as land that is bushfire prone, flood prone, contaminated, subject to subsidence, slip or erosion, or
(e) is on a site that has previously been used as a service station, for intensive agriculture, mining or extractive industries or sheep or cattle dip, or for the manufacture of chemicals, or
(f) is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(g) is within Zone No 5 (a), 5 (b), 7 (d), 9 (a) or 9 (c), or
(h) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes.
A complying development certificate issued for any such development is to be subject to the conditions specified in Part 2 of Schedule 6 for that development.
A complying development certificate is taken to satisfy any requirements in this or any other environmental planning instrument or any tree preservation order for a consent, permit or approval to remove an exotic tree under 4 metres high if the carrying out of the complying development necessitates the removal of the tree.
For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map as specified below for that zone.
Zone No 1 (a) | Rural (Agricultural Protection)—lettered “1 (a)”, |
Zone No 1 (b) | Rural (General)—lettered “1 (b)”, |
Zone No 1 (c) | Rural Residential—lettered “1 (c)”, |
Zone No 1 (d) | Future Urban—lettered “1 (d)”, |
Zone No 1 (f) | Forests—lettered “1 (f)”, |
Zone No 2 (a) | Residential—lettered “2 (a)”, |
Zone No 2 (b) | Residential (Higher Density)—lettered “2 (b)”, |
Zone No 2 (v) | Village—lettered “2 (v)”, |
Zone No 3 (a) | Central Business—lettered “3 (a)”, |
Zone No 3 (b) | General Business—lettered “3 (b)”, |
Zone No 4 (a) | General Industry—lettered “4 (a)”, |
Zone No 4 (b) | Offensive Industry—lettered “4 (b)”, |
Zone No 5 (a) | Special Uses—marked with the land use and lettered “5 (a)”, |
Zone No 5 (b) | Special Uses (Railway)—lettered “5 (b)”, |
Zone No 6 (a) | Recreation—lettered “6 (a)”, |
Zone No 7 (d) | Environment Protection—Scenic—lettered “7 (d)”, |
Zone No 8 (a) | National Parks and Nature Reserves—lettered “8 (a)”, |
Zone No 9 (a) | Proposed Road—lettered “9 (a)”, |
Zone No 9 (c) | Proposed Open Space—lettered “9 (c)”. |
The objectives of a zone are set out in the Table to this clause under the heading “Objectives of the 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 that Table, the development:
(a) that may be carried out without development consent, and
(b) that may be carried out only with development consent, and
(c) that is prohibited,
is specified under the headings “Development allowed without consent”, “Development allowed only with consent” and “Development that is prohibited”, respectively, appearing in the matter relating to the zone.
Except as otherwise provided by this plan, the Council must not grant consent to the carrying out of development on land to which this plan applies, unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.
The objectives are as follows:
(a) to protect the use and efficiency of prime agricultural land while permitting appropriate development subject to suitable subdivision controls,
(b) to permit other forms of development which are ancillary to rural land uses or that, as a result of their nature, require siting outside the urban area,
(c) to avoid further fragmentation and alienation of useable rural land,
(d) to retain the low density nature of settlement within the rural areas and ensure that any future development does not create unreasonable demands on the existing infrastructure or available services,
(e) to provide for the requirements of the rural community,
(f) to maintain safety and convenience along main roads by discouraging uses that are likely to generate traffic volumes which disrupt traffic flow,
(g) to ensure that the existing level of scenic amenity is maintained by requiring development to have regard for significant ridgelines and hilltops.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),
• bushfire hazard reduction,
• forestry,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• automotive businesses,
• bulk stores,
• bus stations,
• car repair stations,
• clubs,
• commercial premises,
• drive-in take-away food shops,
• exhibition homes,
• hotels,
• housing for aged or disabled persons,
• industries (other than rural, home, offensive or hazardous industries),
• junk yards,
• light industries,
• liquid fuel depots,
• manufactured home estates,
• medical centres,
• motels,
• motor showrooms,
• places of public worship,
• professional consulting rooms,
• recreation facilities,
• refreshment rooms,
• residential flat buildings (other than those used in conjunction with a coal mine or public utility undertaking),
• road transport terminals,
• service stations,
• shops,
• take-away food shops,
• urban entertainment facilities,
• warehouses.
The objectives are as follows:
(a) to protect, enhance, conserve and maintain existing agricultural and pasture land in a manner which allows general agricultural production on secondary land that is compatible with alternative land use,
(b) to permit other forms of development which are ancillary to rural land use or that, as a result of their nature, require siting outside the urban area,
(c) to retain the low density nature of settlement within the rural areas and ensure that any future development does not create unreasonable demands on the existing infrastructure or available services,
(d) to ensure that the existing level of scenic amenity is maintained by requiring development to have regard for significant ridgelines and hilltops.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),
• bushfire hazard reduction,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• automotive businesses,
• bulk stores,
• bus stations,
• car repair stations,
• clubs,
• commercial premises,
• drive-in take-away food shops,
• exhibition homes,
• hotels,
• housing for aged or disabled persons,
• industries (other than rural, home, offensive or hazardous industries),
• junk yards,
• light industries,
• liquid fuel depots,
• manufactured home estates,
• medical centres,
• motels,
• motor showrooms,
• places of public worship,
• professional consulting rooms,
• recreation facilities,
• refreshment rooms,
• residential flat buildings (other than those used in conjunction with a coal mine or public utility undertaking),
• road transport terminals,
• service stations,
• shops,
• take-away food shops,
• urban entertainment facilities,
• warehouses.
The objectives are as follows:
(a) to make provision for small holdings in appropriate locations and in response to genuine demand, having regard to accessibility, proximity to the existing settlement of Gunnedah, availability of services, future expansion of the town and impact on agricultural activities,
(b) to minimise the cost of development to the general community by requiring persons benefiting from rural-residential development to provide, at their own cost, their own on-site utility services, where appropriate,
(c) to preserve and enhance the amenity of rural-residential land within the area in order that it remains compatible with existing land use and reflects the capability of the land,
(d) to provide for the creation of a variety of small allotment sizes to allow an attractive rural lifestyle on land that lacks commercial agricultural potential,
(e) to enable other types of development to be carried out on land within the zone if it is in keeping with the rural character of the locality.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),
• bushfire hazard reduction,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• airline terminals,
• animal boarding, breeding or training establishments,
• automotive businesses,
• aquaculture,
• boarding houses,
• bulk stores,
• bus depots,
• bus stations,
• car repair stations,
• clubs,
• commercial premises,
• community facilities,
• drive-in, take-away food shops,
• educational establishments,
• extractive industries,
• forestry,
• generating works,
• hazardous storage establishments,
• helipads,
• heliports,
• hotels,
• housing for aged or disabled persons,
• industries (other than rural or home industries),
• institutions,
• intensive livestock keeping establishments,
• junk yards,
• light industries,
• liquid fuel depots,
• manufactured home estates,
• medical centres,
• mines,
• mineral sand mines,
• motels,
• motor showrooms,
• offensive or hazardous industries,
• offensive storage establishments,
• places of assembly,
• places of public worship,
• professional consulting rooms,
• refreshment rooms,
• residential flat buildings,
• road transport depots,
• road transport terminals,
• rural entertainment facilities,
• rural industries,
• rural workers’ dwellings,
• sawmills,
• service stations,
• shops,
• stock and sale yards,
• take-away food shops,
• urban entertainment facilities,
• warehouses.
The objectives are as follows:
(a) to identify land for future urban development,
(b) to allow a range of residential types subject to appropriate levels of servicing,
(c) to encourage a range of urban land uses that are compatible and site-responsive to land within this zone,
(d) to ensure that land within this zone is not used so as to sterilise it for future urban use.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),
• bushfire hazard reduction,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Development for the purpose of:
• advertising structures,
• child care centres,
• commercial signs,
• dual occupancies,
• dwelling houses,
• general stores,
• home industries,
• housing for aged or disabled persons,
• recreation areas,
• roadside stalls,
• rural workers’ dwellings,
• telecommunications undertakings,
• veterinary clinics.
Any development not included in item 2 or 3.
The objectives are as follows:
(a) to identify land suitable for development for forestry purposes, and
(b) to permit forestry activities carried out by or on behalf of the Forestry Commission.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in this plan),
• bushfire hazard reduction,
• forestry,
• public utility undertakings,
• uses permitted by or under the Forestry Act 1916,
• utility installations.
Development for the purpose of:
• extractive industry,
• sand mining,
• telecommunications undertakings.
Any development not included in item 2 or 3.
The objectives are as follows:
(a) to identify land suitable for existing and for future residential development,
(b) to encourage a range of housing types and densities compatible with the predominantly low density nature of existing residential development,
(c) to improve the level of existing residential amenity within the local government area in order to achieve a high quality of residential lifestyle,
(d) to encourage innovation and flexibility of housing design so that all development is site-responsive and allows for a variety of differing community preferences,
(e) to improve the level of residential amenity in all new development by ensuring adequate levels of solar access, privacy, open space, access to services and facilities and flexibility in design and materials,
(f) to permit non-residential development in appropriate locations compatible with the character and amenity of existing residential development.
Development for the purpose of:
• bushfire hazard reduction,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• advertising structures,
• agriculture,
• airline terminals,
• animal boarding, breeding or training establishments,
• automotive businesses,
• aquaculture,
• bulk stores,
• bus depots,
• bus stations,
• car repair stations,
• clubs,
• commercial premises,
• drive-in take-away food shops,
• extractive industries,
• forestry,
• generating works,
• hazardous storage establishments,
• helipads,
• heliports,
• hotels,
• industries (other than home industries),
• institutions,
• intensive livestock keeping establishments,
• junk yards,
• light industries,
• liquid fuel depots,
• mines,
• mineral sand mines,
• motels,
• motor showrooms,
• offensive or hazardous industries,
• offensive storage establishments,
• recreation establishments,
• recreation facilities,
• refreshment rooms,
• residential flat buildings,
• retail plant nurseries,
• roadside stalls,
• road transport depots,
• road transport terminals,
• rural entertainment facilities,
• rural industries,
• rural workers’ dwellings,
• sawmills,
• service stations,
• shops,
• stock and sale yards,
• take-away food shops,
• tourist facilities,
• veterinary clinics,
• warehouses.
The objectives are as follows:
(a) to encourage a variety of housing types, such as group houses, villa homes, town houses, terrace buildings and the like, which are compatible with the existing residential environment of the Gunnedah local government area,
(b) to encourage a range of high quality residential development in proximity to the central business area of Gunnedah that is of a higher density than existing residential development,
(c) to improve the level of residential amenity in all new development by ensuring adequate levels of solar access, privacy, open space, access to services and facilities and flexibility in design and materials.
Development for the purpose of:
• bushfire hazard reduction,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• advertising structures,
• agriculture,
• airline terminals,
• animal boarding, breeding or training establishments,
• automotive businesses,
• aquaculture,
• bulk stores,
• bus depots,
• bus stations,
• car repair stations,
• clubs,
• commercial premises,
• drive-in take-away food shops,
• extractive industries,
• forestry,
• generating works,
• hazardous storage establishments,
• helipads,
• heliports,
• hotels,
• industries (other than home industries),
• institutions,
• intensive livestock keeping establishments,
• junk yards,
• light industries,
• liquid fuel depots,
• mines,
• mineral sand mines,
• motor showrooms,
• offensive or hazardous industries,
• offensive storage establishments,
• public buildings,
• recreation establishments,
• recreation facilities,
• refreshment rooms,
• retail plant nurseries,
• roadside stalls,
• road transport depots,
• road transport terminals,
• rural entertainment facilities,
• rural industries,
• rural workers’ dwellings,
• sawmills,
• service stations,
• shops,
• stock and sale yards,
• take-away food shops,
• tourist facilities,
• veterinary clinics,
• warehouses.
The objectives are as follows:
(a) to identify land for a variety of urban uses within a small urban community,
(b) to encourage a range of housing types that are site responsive,
(c) to encourage development that is ancillary to village life, the nature and scale of which is complementary to existing and future residential areas,
(d) to recognise existing villages and to enable future development appropriate to their continued existence.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),
• bushfire hazard reduction,
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• airline terminals,
• animal boarding, breeding or training establishments,
• extractive industries,
• forestry,
• generating works,
• hazardous storage establishments,
• institutions,
• intensive livestock keeping establishments,
• mines,
• mineral sand mines,
• offensive or hazardous industries,
• offensive storage establishments,
• rural workers’ dwellings.
The objectives are as follows:
(a) to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the area,
(b) to encourage a variety of business types which are not only compatible with existing development but which are aimed at satisfying the needs of the community,
(c) to maintain and enhance the role of the Gunnedah town centre as the major centre for retail, commercial and professional services for the area,
(d) to encourage development occurring within the core business area of Gunnedah to have regard to the Council’s Main Street Study in relation to heritage.
Development for the purpose of:
• home occupations,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• agriculture,
• airline terminals,
• animal boarding, breeding or training establishments,
• aquaculture,
• boarding houses,
• bulk stores,
• bus depots,
• dual occupancies,
• dwelling houses (unless ancillary to other development allowed in the zone),
• exhibition homes,
• extractive industries,
• forestry,
• generating works,
• hazardous storage establishments,
• helipads,
• heliports,
• hospitals,
• housing for aged or disabled persons,
• industries,
• institutions,
• intensive livestock keeping establishments,
• junkyards,
• light industries,
• liquid fuel depots,
• manufactured home estates,
• mines,
• mineral sand mines,
• offensive or hazardous industries,
• offensive storage establishments,
• places of public worship,
• recreation areas,
• recreation establishments,
• retail plant nurseries,
• roadside stalls,
• road transport depots,
• road transport terminals,
• rural entertainment facilities,
• rural industries,
• rural workers’ dwellings,
• sawmills,
• service stations,
• stock and sale yards,
• tourist facilities,
• warehouses.
The objectives are as follows:
(a) to encourage the development and expansion of business activities which will contribute to economic growth and employment opportunities within the area,
(b) to provide for low intensity retail, commercial, professional, service and tourist development surrounding the core business area,
(c) to provide for non-commercial development where such development is compatible with the character of the locality,
(d) to provide for development which maintains the town character of Gunnedah and is in sympathy with existing development in regard to visual amenity, heritage significance, existing service infrastructure, building bulk and scale and townscape and streetscape character.
Development for the purpose of:
• home occupation,
• public utility undertakings,
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• agriculture,
• airline terminals,
• animal boarding, breeding or training establishments,
• aquaculture,
• boarding houses,
• dual occupancies,
• dwellings (unless ancillary to other development allowed in the zone),
• exhibition homes,
• extractive industries,
• forestry,
• generating works,
• hazardous storage establishments,
• helipads,
• heliports,
• hospitals,
• housing for aged or disabled persons,
• industries,
• institutions,
• intensive livestock keeping establishments,
• junkyards,
• liquid fuel depots,
• mines,
• mineral sand mines,
• offensive or hazardous industries,
• offensive storage establishments,
• recreation establishments,
• residential flat buildings,
• roadside stalls,
• road transport depots,
• road transport terminals,
• rural entertainment facilities,
• rural industries,
• rural workers’ dwellings,
• sawmills,
• stock and sale yards,
• tourist facilities.
The objectives are as follows:
(a) to provide suitable land for the accommodation and development of general industry and ancillary land uses,
(b) to encourage industrial development which will contribute to the local economy,
(c) to encourage development which will not have an adverse impact on the surrounding environment or on local amenity,
(d) to preserve local amenity where residential development adjoins or is adjacent to industrial land,
(e) to recognise and provide for a range of industrial development and to ensure adequate infrastructure for the long term viability of such development,
(f) to encourage industrial development to be located on land within this zone only so that it may be concentrated and co-ordinated.
Development for the purpose of:
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• abattoirs,
• agriculture,
• animal boarding, breeding and training establishments,
• boarding houses,
• caravan parks,
• commercial premises (other than agricultural showrooms),
• dual occupancies,
• dwellings (other than those ancillary to other development allowed in the zone),
• educational establishments,
• extractive industries,
• forestry,
• institutions,
• mines,
• motels,
• offensive or hazardous industries,
• offensive storage establishments,
• places of assembly,
• places of public worship,
• public buildings,
• professional consulting rooms,
• residential flat buildings,
• roadside stalls,
• shops (other than fruit and vegetable markets and smallgoods and sandwich shops which have a customer service area of less than 20 square metres),
• stock and sale yards.
The objectives are as follows:
(a) to provide adequate and appropriate land for the accommodation and development of industrial land uses which are offensive,
(b) to encourage industrial development which will contribute to the local economy,
(c) to locate offensive industries in areas that will minimise conflict in regard to potential impact on the surrounding environment or on local amenity,
(d) to recognise and provide for a range of industrial development and to ensure adequate infrastructure for the long term viability of such development,
(e) to encourage offensive development to be located on land within this zone only so that it may be concentrated and co-ordinated.
Development for the purpose of:
• utility installations.
Exempt development.
Any development not included in item 2 or 4.
Development for the purpose of:
• agriculture,
• animal boarding, breeding and training establishments,
• boarding houses,
• caravan parks,
• commercial premises,
• dual occupancies,
• dwellings (other than those ancillary to other development allowed in the zone),
• educational establishments,
• forestry,
• hotels,
• institutions,
• mines (other than any place on or in which any product of a mine is stacked, stored, crushed or otherwise treated),
• motels,
• places of assembly,
• places of public worship,
• professional consulting rooms,
• public buildings,
• residential flat buildings,
• refreshment rooms,
• roadside stalls,
• shops (other than smallgoods and sandwich shops which have a customer service area of less than 20 square metres).
The objectives are as follows:
(a) to make provision for particular specialised uses, such as sewerage works, sanitary depots, regional or local waste recycling centres, depots or stations, cemeteries, schools and hospitals,
(b) to identify land intended to be used for the provision of such facilities,
(c) to encourage development of parcels of land within this zone for the purposes of land uses noted on the map.
Development for the purpose of:
• bushfire hazard reduction,
• public utility undertakings,
• utility installations.
The particular use indicated by red lettering on the map.
Any development not included in item 2 or 3.
The objectives are as follows:
(a) to identify land owned by the State Rail Authority or any other railway authority and to provide for development within this zone for the purpose of railways,
(b) to provide for the future development of land within this zone, not necessarily for the purpose of railways but for uses compatible with those on adjoining land,
(c) to encourage development within this zone which will not have an adverse impact on surrounding land uses.
Development for the purpose of:
• bushfire hazard reduction,
• public utility undertakings,
• utility installations.
Development for the purpose of:
• railways,
• land uses associated and compatible with railways,
• telecommunications undertakings.
Any development not included in item 2 or 3.
The objectives are as follows:
(a) to identify land used or intended to be used for the purpose of recreation, open space and associated land uses,
(b) to encourage development of parcels of land within this zone for the purpose of land uses noted on the map,
(c) to encourage a range of development within this zone which will satisfy both public and private recreational needs,
(d) to ensure that development within this zone is complimentary to surrounding land use and adds to the amenity of the area.
Any development specified in a plan of management adopted under the Local Government Act 1993.
Development for the purpose of:
• public utility undertakings,
• utility installations, (other than buildings) used for landscaping, gardening and bushfire hazard reduction.
Exempt development.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6),
• boat clubs,
• bowling greens,
• clubs,
• commercial premises and industries (required in connection with any purpose included in this item),
• forestry,
• golf courses,
• racecourses,
• recreation areas,
• recreation facilities,
• refreshment rooms,
• residential flat buildings and dwellings (required for use or occupation by persons employed in connection with any other purpose included in this item),
• showgrounds,
• sportsgrounds,
• telecommunications undertakings,
• training tracks.
Any development not included in item 2 or 3.
The objectives are as follows:
(a) to protect hill lands, escarpments and river valleys of scenic significance,
(b) to ensure the character of these areas by restricting the uses which are allowed and enforcing greater control in regard to building materials, site positioning, height, scale and the provision of access roads and services, and
(c) to allow only development which maintains the rural-scenic setting of the area.
Development for the purpose of:
• agriculture (other than a form of agriculture, or use of any building or place, specifically defined in clause 6).
Development for the purpose of:
• animal boarding, breeding or training establishments,
• bushfire hazard reduction,
• dual occupancies,
• dwelling houses,
• forestry,
• home industries,
• home occupations,
• public utility undertakings,
• recreation areas,
• recreation establishments,
• retail plant nurseries,
• roadside stalls,
• telecommunications undertakings,
• tourist facilities,
• utility undertakings.
Any development not included in item 2 or 3.
The objectives are as follows:
(a) to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974 as national parks, nature reserves, historic sites, Aboriginal places and state game reserves,
(b) to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.
Any development authorised by or under the National Parks and Wildlife Act 1974.
Nil.
Any development not included in item 2.
The objective is to identify land, the public acquisition of which will provide for improved traffic movement along local roads and land within public car parking areas.
Nil.
Development for the purpose of:
• drainage,
• local roads,
• open space,
• public utility undertakings,
• telecommunications undertakings.
Any development not included in item 3.
The objective is to allocate suitable land for future public local open space purposes.
Nil.
Development for the purpose of:
• agriculture,
• caravan parks,
• forestry,
• racecourses,
• recreation areas,
• showgrounds,
• telecommunications undertakings,
• utility installations (other than gas holders or generating works).
Any development not included in item 3.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (d), 1 (f) or 7 (d).
The Council must not consent to a subdivision of land to which this clause applies unless each allotment created by the subdivision has:
(a) in the case of land within:
(i) Zone No 1 (a) or 1 (f)—an area of not less than 200 hectares, or
(ii) Zone No 1 (b), 1 (d) or 7 (d)—an area of not less than 40 hectares, and
(b) a ratio of depth to frontage satisfactory to the Council, having regard to the purpose for which the allotment is, or is intended to be, used, and
(c) where the allotment has a frontage to an arterial road, a frontage to that road of not less than 400 metres,
and the land is free of noxious weeds to the Council’s satisfaction.
Subclause (2) (a) does not apply to Lot 22, DP 1113680, known as 1–21 Silversmith Place, Gunnedah. The Council must not consent to the subdivision of that land unless each lot created by the subdivision will have an area of at least 2,000 square metres.
This clause applies to land within Zone No 1 (c).
The Council must not consent to a subdivision of land to which this clause applies unless:
(a) each allotment created by the subdivision has an area of not less than 6000 square metres, and
(b) the average area of all allotments created by the subdivision, excluding allotments of more than 3 hectares, is not less than 1.2 hectares, and
(c) all lots created by the subdivision are to have direct access to a road other than an arterial road,
and the land is free of noxious weeds to the Council’s satisfaction.
Subclause (2) does not apply to Lot 4, DP 1124589, known as 263 Stock Road, Gunnedah. The Council must not consent to the subdivision of that land unless each allotment created by the subdivision has an area of not less than 3000 square metres.
This clause applies to land within Zone No 1 (a) or 1 (b).
Despite clause 11, the Council may consent to the subdivision of land within Zone No 1 (a) or 1 (b) so as to create an allotment having a lesser area than is required by that clause, if it is satisfied that:
(a) the allotment to be created is intended to be used for the purpose of specialised or intensive agriculture, which may consist of intensive horticulture or animal husbandry, and is of a size capable of being used for that purpose, and
(b) creation of the allotment will not adversely affect the agricultural viability or potential of the residue of the land subdivided and the residue is capable of economically supporting an agricultural use of a type common in the locality, and
(c) the proposed use to which the allotment will be put is an efficient agricultural use, having regard to the size and layout of the allotment, and
(d) an adequate water supply is available or can be made available to the proposed allotment and is of a suitable capacity for the proposed use, and
(e) the soil, topography, drainage and other physical characteristics of the land are suitable for the proposed use, and
(f) adequate all-weather vehicular access is available or can be made available to the land, and is of a suitable standard and capacity, and
(g) the proposed use will not adversely affect the amenity of the land surrounding the proposed allotment.
(Repealed)
The Council may refuse to grant such a consent unless it has considered supporting evidence to demonstrate the agricultural efficiency of the proposed use, including the advice of an expert agronomist.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d).
Despite clause 11, the Council may consent to the subdivision of land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d) so as to create an allotment having a lesser area than is required by that clause, if it is satisfied that:
(a) the land is being lawfully used otherwise than for the purpose of agriculture, a dwelling house, home industry, home occupation or forestry, or
(b) the land may lawfully be used otherwise than for the purpose of agriculture, a dwelling house, home industry, home occupation or forestry by reason of a development consent granted in respect of that land,
and the allotment will continue to be so used.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (d) or 7 (d).
A dwelling house may, with the consent of the Council, be erected on land to which this clause applies, but only if the land:
(a) in the case of land within:
(i) Zone No 1 (a)—has an area of not less than 200 hectares, or
(ii) Zone No 1 (b), 1 (d) or 7 (d)—has an area of not less than 40 hectares, or
(b) comprises the whole of an existing holding (or such an existing holding affected only by a subdivision made on or after the appointed day for which the consent of the Council was not required), or
(c) is a lot in a subdivision for which consent was granted by the Council, or
(d) comprises the residue of an existing holding following excision of a lot or lots by a subdivision for which consent was granted by the Council on or before the appointed day, and the Council is satisfied that:
(i) there will be adequate vehicular access to the dwelling house, and
(ii) the erection of the dwelling house will not create or increase ribbon development along a classified road, and
(iii) adequate public utility services are or can be provided to the existing holding, and
(iv) a water supply satisfactory to the Council is or will be provided and the land is of sufficient size and soils are of appropriate quality for the effective on-site disposal of domestic waste,
and no other dwelling house is erected on the land.
Dwelling houses, additional to the one allowed by subclause (2) may, with the consent of the Council, be erected on land to which this clause applies if the Council is satisfied that:
(a) each additional dwelling house will be used or occupied by a person engaged by the owner of that land in the pursuit of agriculture on that land or on adjoining land, and
(b) the scale of the agricultural enterprise is sufficient to justify, on economic grounds, an additional employee.
A dwelling house may, with the consent of the Council, be erected on an allotment of land to which this clause applies on which another dwelling house is erected if one dwelling house is intended to wholly replace the other dwelling house.
The Council must not consent to the erection of a dwelling house on a lot created by a subdivision for which consent has been granted pursuant to clause 13 or 14 unless the Council is satisfied that the land use, for the purpose of which the subdivision was granted consent, has substantially commenced.
This clause applies to land within Zone No 1 (c).
A dwelling house may, with the consent of the Council, be erected on land to which this clause applies only if the land:
(a) is an allotment created in accordance with clause 12, or
(b) is an allotment which was in existence as a separate allotment at the appointed day and has an area of not less than 6000 square metres,
and no other dwelling house is erected on the land.
Despite subclause (2), the Council must not consent to the erection of a dwelling house on land to which this clause applies unless a water supply satisfactory to the Council is or will be provided and the land is of sufficient size and soils are of appropriate quality for the effective on-site disposal of domestic waste.
This clause applies to land within Zone No 1 (a) or 1 (b).
The Council must not grant consent to the erection of a building or the carrying out of work on significant ridgelines or hilltops unless it is satisfied that:
(a) the siting of any building or work will not compromise the scenic amenity of the locality, and
(b) the building or work will not be visible above the ridgeline or hilltop, and
(c) the building or work has regard for the Council’s tree preservation order and will not significantly disturb vegetation.
This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d), 2 (a), 2 (b), 2 (v) or 7 (d) on which a dwelling house may be erected.
A person may, with the consent of the Council, create 2 dwellings on an allotment by:
(a) altering or adding to an existing dwelling house, or
(b) erecting a new building containing 2 dwellings.
The Council must not grant such a consent unless:
(a) the area of the allotment on which a new building containing 2 dwellings is proposed to be erected is not less than the minimum area (if any) prescribed by this plan for the allotment if a dwelling house were to be erected on it, and
(d) is located beyond the rear building line and a minimum of 3 metres from rear and side boundaries, and
(e) is located a minimum of 12 metres from any dwelling.
The erection and use of a garden shed, gazebo or greenhouse, associated with a dwelling house where:
(a) there is only one such structure per allotment, and
(b) the structure has a maximum area of 10 square metres, and
(c) the structure has a maximum height of 2.4 metres.
The erection and use of a letterbox constructed in accordance with the requirements of Australia Post.
The erection and use of external lighting other than for the purposes of tennis courts or sporting fields and external lighting more than 4 metres above ground level.
The erection and use of an open pergola, or carport (not being a carport referred to in item 2 of this Schedule) either attached to a building or free-standing, where:
(a) the structure is located behind a building and not visible from the street, and
(b) the maximum area of the structure is 24 square metres, and
(c) the maximum height of the structure is 2.4 metres, and
(d) the existing side boundary setback is maintained, and
(e) the structure is not enclosed, and
(f) no second-hand materials are used in the structure’s construction, and
(g) the next door property’s main area of private open space and any habitable rooms are not in shadow between 10am and 3pm on 21 June as a result of the development, and
(h) stormwater and roof water are taken to the street gutter, and
(i) the overflow gully is clear of the roof and access is maintained to drainage, and
(j) the structure is 900 millimetres clear of boundaries and 1 metre clear of sewer mains and any easements, and
(k) the construction complies with the following requirements:
• The structure may be timber or metal construction. If timber it must be as identified as durability Class 1 or Class 2 as described below:
Class 1
Class 2
Cypress (white)
New England Blackbutt
Ironbark
Blackbutt
Tallowood
Kwila (Merbau)
Turpentine
Spotted Gum
Grey Gum
Western Red Cedar
River Red Gum
Stringybark (yellow or white)
Durability Class 3 or 4 such as oregon or radiata pine may be used if treated with paint, stain or oil prior to fabrication.
• Minimum sizes for timber construction are:
Posts 75 × 75 mm (timber or steel)
Rafters 100 × 50 mm maximum span 2.3 metres
125 × 50 mm maximum span 3 metres
150 × 50 mm maximum span 3.6 metres
Beams 100 × 50 mm maximum span 1.6 metres
150 × 50 mm maximum span 2.1 metres
200 × 50 mm maximum span 2.7 metres
200 × 75 mm maximum span 3.0 metres
• If steel construction, it may be prefabricated design or constructed of component sizes as specified below:
Posts 75 × 75 mm RHS or 75 mm diameter pipe
Beams C10015 maximum span 3.0 metres
C15015 maximum span 6.0 metres
Purlins 61 mm Top Hat purlin maximum span 3.0 metres
All components are to be welded or bolted together using mild steel brackets having a minimum thickness of 3 mm. Tek screws are NOT to be used for that purpose except for fixing Top Hat type purlins.
Footings 100 mm reinforced concrete slab thickened to 150 mm at external perimeter, or
300 mm diameter × 450 mm deep pad footing unroofed or, if roofed, 450 mm diameter × 600 mm deep.
The floor or footings must not cover or adversely affect the existing sub-floor ventilation to associated buildings.
Connections Posts to be fixed to footings by a minimum two 10 mm bolts. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75 mm above the finished ground and/or pavement level.
Timber rafters attached to a building are to be fixed to a plate of minimum size 100 mm × 50 mm bolted or coach screwed to the fascia or external cladding.
Bracing is to be installed as required to provide lateral support.
Recladding of a roof, but only if:
(a) it does not involve structural alterations to the building, and
(b) where the work involves asbestos cement, it must comply with the WorkCover Authority’s Short Guide to Working with Asbestos, and
(c) the work does not involve lead contamination of the air or ground.
The erection of retaining walls where:
(a) the maximum height is 600 millimetres above natural ground level, and
(b) the retaining wall is constructed so that it does not prevent the natural flow of stormwater drainage run-off, and
(c) masonry walls comply with AS 3700-1998—Masonry structures, AS 3600-1994Concrete structures and AS 1170.1-1989, AS 1170.2-1989, AS 1170.3 and AS 1170.4-1993—SAA Loading Code, and
(d) timber walls comply with AS 1170.1-1989, AS 1170.2-1989, AS 1170.3 and AS 1170.4-1993—SAA Loading Code and AS 1720.1-1997—Timber Structures—Design methods.
A retaining wall should be designed and constructed with an effective drainage system to prevent backfill becoming saturated causing a build up of water pressure behind the wall. Effective drainage can be ensured by providing weepholes and continuous drainage within the backfill.
The erection and use of a satellite dish for domestic use only where the maximum diameter is 1 metre and the maximum height is 2.4 metres above natural ground level.
The erection of an advertising structure or commercial sign in any of the following cases:
(a) the commercial sign is suspended under an awning in a business zone, and:
(i) there are no other such signs on the premises, and
(ii) it is securely fixed by metal supports, and
(iii) it has an area not exceeding 1.4 square metres, and
(iv) if over a public road, it is suspended at a height of not less than 2.6 metres above ground/pavement level,
(b) the commercial sign is not visible from outside the premises on which it is located,
(c) the commercial sign is behind the glass line of a shop window,
(d) the advertising structure displays a temporary advertisement for a social, cultural or recreational event that is displayed for no more than 28 days before the event and is removed within 14 days after the event,
(e) the advertising structure displays a public notice in a public reserve either by or on behalf of the Council or another public authority,
(f) the advertising structure displays an advertisement that replaces one lawfully displayed at the same location or on the same structure,
(g) the commercial sign or advertising structure displays a message relating to the premises on which it is situated, and will:
(i) have a length not greater than 2.4 metres and a depth not greater than 0.6 metre, if in a business zone, and
(ii) not project vertically or horizontally from a wall or above a roofline of a building, and
(iii) have a maximum area of 0.72 square metres, if in a residential or rural zone, and
(iv) have a maximum area of 10 square metres, if in an industrial zone, and
(v) have a maximum height of either 4.6 metres above ground level or the height of a first floor window sill.
(Clause 8B)
Complying Development | Outcomes |
The use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes. |
|
The making of internal alterations to a shop, office or commercial premises that alter the load-bearing capacity of load-bearing components. |
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Demolition of a building or structure. |
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The erection and use of a single storey dwelling house and construction of ancillary driveway on land within Zone No 2 (a), 2 (b) or 2 (v). |
Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house:
|
Development associated with single detached dwellings consisting of development ordinarily ancillary or incidental to detached single storey dwellings (for example, erection of carports and garages). |
Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house:
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Development for the purpose of swimming pools on lots over 650 square metres in area if the pool is of a size that makes it ordinarily ancillary to a dwelling occupied for private use only. | The pool will not be between the dwelling and front boundary.
The noise level of any filtration equipment or pumps does not exceed 5 dBA above the ambient background level measured at the property boundary. A minimum of 20% of the site must be soft landscaped, that is, not a hard surface. The installation and construction of the pool complies, where relevant, with:
The pool and surrounding structures are to comply with AS 1926.2-1995—Swimming pool safety—Location of fencing for private swimming pools. The Swimming Pools Act 1992 and the Swimming Pools Regulation 1998 must also be complied with. |
Development for the purpose of telecommunications undertakings such as radio antenna and dishes, panel antenna, directional antennae, microcells and underground cabling, on land within Zone No 1 (a), 1 (b), 1 (c), 3 (a), 3 (b), 4 (a) or 4 (b). | Complies with any relevant Australian Standard. The antenna, dish or facility is not more than 1.8 metres in diameter or 1 cubic metre in volume. The highest point of the antenna or dish is 4 metres above the roof of the building on which it is attached. Where the antenna or dish is more than 3 metres above the roof, it is set back a minimum of 2 metres from the outermost wall of the building and does not protrude from the front facade of the building. The colour of the antenna is matched to the background in keeping with the surrounding area. Only on land within Zone No 1 (a) or 1 (b) with a height not more than 12 metres and does not protrude from the property boundary. Where the trench is not more than 450 millimetres wide and the land in which the cable or duct is laid is reinstated in accordance with a reinstatement plan agreed to, prior to construction, with the owner of the land. The reinstatement plan must include the following:
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The erection of a building and its use for a period not exceeding 5 years specified in the application for a complying development certificate, being a building that is not used for residential purposes, or for the storage or handling of inflammable materials. The building must be demolished or removed no later than 60 days after the specified period expires (see condition 14 in Part 2 of this Schedule) | Maximum height of the building is 1 storey. Building is set back from every boundary of the lot by a minimum of 3 metres. |
All building work must be carried out in accordance with the deemed-to-satisfy provisions of the Building Code of Australia.
Two days before any site works, building or demolition begins, the applicant must:
• forward
Notice of Commencement of Work and Appointment of Principal Certifying Authority (Form 7 of the Regulation) to the Council, and• notify the adjoining owners that work will commence.
The principle certifying authority may be either an accredited certifier or the Council.
Before any site works, building or demolition begins, the applicant must:
• notify the Council of the name, address, phone number and licence number of the builder, and
• erect a sign with a minimum area of 600mm × 450mm at the front of the property (before work commences) with the builder’s name, licence number, site address and consent number, and
• provide a temporary on-site toilet, and
• protect and support any neighbouring buildings, and protect any public place from obstruction or inconvenience due to the carrying out of the development, and
• prevent any substance from falling onto a public place, and
• follow any other conditions prescribed by the Regulation.
This item does not impose a requirement on an applicant if it is complied with by the builder.
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
• divert uncontaminated run-off around cleared or disturbed areas,
• erect a silt fence to prevent debris escaping into drainage systems or waterways,
• prevent tracking of sediment by vehicles onto roads,
• stockpile top soil, excavated material, construction and landscaping supplies and debris within the site.
Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the proposed building.
The land surrounding any structure must be graded to divert surface water to the street, and must be clear of existing and proposed structures and adjoining premises.
Where the water falls to the rear of the property, it must be collected and drained via a gravity system to a Council stormwater line.
Prior to the commencement of work on water supply and/or plumbing and drainage the licensed plumber and/or drainer must obtain a permit from Council.
Prior to the commencement of work the owner of the premises must apply to the Council for an approval to carry out any water supply work, sewer work, stormwater work and connect such work to the Council’s services.
Prior to the commencement of work the owner of the premises must apply to Council to install a human waste treatment device and carry out the associated sewerage work.
A minimum of 45,000 litres of stored rainwater is required to be provided for use in connection with development for domestic purposes in areas without reticulated water supply.
The following inspections are required to be carried out by a person authorised as the principal certifying authority. Where the Council is the principal certifying authority the applicant must notify Council in advance (at least 48 hours in writing or 24 hours by telephone) of inspections. All compliance certificates and the occupation certificate, if required, are to be submitted to the Council prior to occupation:
(a) pier holes or bulk piers before concrete is poured,
(b) trenches with reinforcement steel in position,
(c) concrete slabs with reinforcement steel in position,
(d) termite barrier—the type of barrier used is to be specified on the compliance certificate,
(e) framework before fixing of internal linings,
(f) wet area flashing before covering,
(g) pool fencing before filling the pool with water, and
(h) final inspection before the structure is occupied or used.
If an occupation certificate is issued then a compliance certificate is not required.
The following inspections are required to be carried out by the Council. Inspections may be arranged by contacting the Council’s Environment and Development Services Department. Where the Council is not the principal certifying authority, an additional fee for each inspection will apply:
(a) sanitary drainage under hydrostatic test prior to backfilling trenches or covering,
(b) hot and cold water plumbing under pressure test prior to covering,
(c) internal stackwork under hydrostatic test prior to covering, and
(d) the installation of the septic tank and any sullage trenches prior to backfilling or covering.
Any damage caused to kerb and guttering and/or footpath as a consequence of building operations shall be rectified by the owner to the satisfaction of the Council.
The footpath and/or road reserve are not to be used for construction purposes or placing of building materials without the prior agreement of the Council. Where necessary, arrangements may be made by contacting the Council’s Engineering Services Department.
Before the erection of any permanent structures, such as fences, concrete driveways, garages or the like, adjacent to street boundaries, correct street levels must be ascertained from the Council’s Engineering Services Department.
Driveways are to be constructed in accordance with any relevant requirements of AS 2890.1-1993—Parking facilities—Off-street car parking, with appropriate transition zones.
Any building work must be carried out between 7.00 am and 6.00 pm Monday to Friday and 8.00 am to 5.00 pm Saturdays, but not on Sundays or public holidays, if audible on residential premises.
Fire safety measures must be included.
The following inspections are to be carried out by a person authorised as the principal certifying authority and compliance certificates are to be submitted to the Council:
(a) steel reinforcing before pouring of concrete,
(b) drains before backfilling,
(c) pool fencing prior to filling of pool.
The pool fencing is to be erected prior to the pool being filled with water.
An approved resuscitation sign in accordance with the Swimming Pools Regulation 1998 is to be provided in a prominent position within close proximity of the pool.
The pool fence is to be located so as to isolate the pool from any dwellings and structures not directly associated with the pool.
Backwash water must be directed to the Council’s sewer via a yard sink approved by the Council.
Temporary safety fencing is to be erected during the installation of the pool and prior to filling the pool with water.
Any building erected for use for a specified period of not more than 5 years pursuant to Part 1 of this Schedule must be completely demolished or removed from the site no later than 60 days after the specified period ends.
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