Hawkesbury Local Environmental Plan 1989 (Amendment No 108) (2006-472) Gazette No 103 of 18 August 2006, page 6407 (NSW)

Case
No judgment structure available for this case.

2006 No 472

New South Wales

Hawkesbury Local Environmental Plan

1989 (Amendment No 108)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (P98/00396/PC)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 103 of 18 August 2006, page 6407

Page 1

2006 No 472

Clause 1

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Hawkesbury Local Environmental Plan 1989

(Amendment No 108)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Hawkesbury Local Environmental Plan 1989 (Amendment

No 108).

2      Aims of plan

The aims of this plan are to amend Hawkesbury Local Environmental

Plan 1989:

(a)

to incorporate new objectives into the rural, residential and environmental protection zones, and

(b)

to amend those zone names to reflect the new objectives, and

(c)

to amend provisions of the Hawkesbury Local Environmental Plan 1989 relating to residential development, and

(d)

to insert provisions into that plan in relation to rural tourist facilities, tourist facilities, educational establishments, poultry farms and piggeries, and

(e)

to update provisions relating to exempt and complying development, and

(f)

to rezone certain land from Zone No 5 (a) Special Uses “A”— Community Purposes to Housing zone, and

(g)

to repeal Hawkesbury Local Environmental Plan 1984.

3      Land to which plan applies

(1)

This plan applies to all land to which Hawkesbury Local Environmental

Plan 1989 applies, except as provided by subclause (2).

(2)

In respect of the matter set out in clause 2 (f), this plan applies to Lot 11,

Section 4, DP 759096, 6 Ham Street, South Windsor.

4 Amendment of Hawkesbury Local Environmental Plan 1989

Hawkesbury Local Environmental Plan 1989 is amended as set out in

Schedule 1.

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Clause 5

5      Repeal of Hawkesbury Local Environmental Plan 1984

Hawkesbury Local Environmental Plan 1984 is repealed.

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

Schedule 1

Amendments

(Clause 4)

[1]      Clause 3

Omit clauses 3 and 4. Insert instead:

3      Land to which plan applies

This plan applies to the whole of the land in the City of Hawkesbury as shown on the map, with boundaries as indicated on the map.

[2]      Clause 5 Definitions

Omit the definitions of agriculture, dual occupancy detached, identified land use, residential flat building Class B and residential flat building Class C from clause 5 (1).

Insert in alphabetical order:

agriculture means the use of land for any of the following

purposes:

(a)

horticulture,

(b)

husbandry (including the keeping or feeding of livestock, poultry, fish or bees),

(c)

growing of fruit, vegetables and the like,

but does not include animal establishments or intensive agriculture (within the meaning of clause 44) or any use of the land for a purpose listed in paragraphs (a)–(c) if the produce is for the personal consumption or enjoyment of the occupier of the land.

Hawkesbury Development Control Plan means Hawkesbury Development Control Plan Part B as adopted by the Council and as in force on the date of commencement of Hawkesbury Local Environmental Plan 1989 (Amendment No 108).

identified land use means a land use for which a consent or approval has been granted by the Council on or after 22 December 1989 and that was in operation on the date of commencement of Hawkesbury Local Environmental Plan (Amendment No 108).

multi unit housing means all forms of residential development (including villas, townhouses, dual occupancies and the like) other than:

(a)

residential flat buildings, or

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Amendments

Schedule 1

(b)

single detached dwellings on a single parcel of land.

residential flat building means a building containing more than 2 dwellings in a form commonly described as “walk up flats”, a characteristic of which is often common stair access.

rural shed means a building or structure used for the storage of the property of the occupiers of the subject land or property associated with an agricultural use or other permissible land use conducted on the same parcel of land, but does not include a building or structure elsewhere specifically defined in this clause or a building or structure used for a purpose elsewhere specifically defined in this clause.

rural tourist facilities means a building or place in a rural area that is used to provide low scale holiday accommodation, recreation or education for the travelling or holidaying public, and may consist of holiday cabins, horse riding facilities, refreshment rooms or the like.

[3]      Clause 5 (1), definition of “structures ancillary to uses other than dwellings”

Omit “Schedule 6”. Insert instead “the Table to clause 9B”.

[4]      Clause 5 (1), definition of “the map”

Insert in appropriate order:

Hawkesbury Local Environmental Plan 1989 (Amendment

No 108)

[5]      Clause 6 Adoption of 1980 Model Provisions

Insert “, residential flat building” after “recreation establishment”.

[6]      Clause 8

Omit the clause. Insert instead:

8      Zones indicated on the map

For the purposes of this plan, land to which this plan applies is in a particular zone if the land is shown coloured on the map and the zone index on the map shows that colour to correspond with that zone.

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

[7]      Clause 9

Omit the clause. Insert instead:

9      Carrying out of development

(1)

Unless otherwise provided by this plan, the Land Use Matrix set out at the end of this clause specifies the following for each zone:

(a)

development that does not require consent, where “N” is shown for that development,

(b)

development that requires consent but may be exempt or complying development, where “X” is shown for that development,

(c)

development that requires consent where “C” is shown for that development,

(d)

development that is prohibited where there is no symbol shown for that development.

Note. Development in zones 5 (b) and 8 (a) is dealt with in clauses 9D and 9E.

(2)

Development that is not listed in the Land Use Matrix is

prohibited.

(3)

Development will only be exempt development if it complies

with the requirements of clause 9B.

(4)

Development will only be complying development if it complies

with the requirements of clause 9C.

(5)

Any development listed in the Tables to clauses 9B and 9C that does not comply with the applicable requirements set out in those Tables in relation to the development is development that requires development consent.

Land Use Matrix

Note

N

Development that does not require consent

X

Development that is either exempt or complying development

(see clause 9B or 9C)

C

Development that requires consent

Where no symbol appears, development is prohibited

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Amendments

Schedule 1

Symbol

Zone

MA

Mixed Agriculture

RL

Rural Living

RV

Rural Village

CL

Consolidated Land Holdings

H

Housing

MU

Multi Unit Housing

3A

3 (a) Business General

3B

3 (b) Business Special

4A

4 (a) Industry General

4B

4 (b) Industry Light

5A

5 (a) Special Uses “A”

6A

6 (a) Open Space (Existing Recreation)

6B

6 (b) Open Space (Proposed Recreation)

6C

6 (c) Open Space (Private Recreation)

7A

7 (a) Environmental Protection (Wetlands)

7D

7 (d) Environmental Protection (Scenic)

EPA

Environmental Protection—Agriculture Protection

(Scenic)

EPM

Environmental Protection—Mixed Agriculture (Scenic)

7E

7 (e) Environmental Protection (Consolidated Land

Holdings)

9B

9 (b) Proposed Road

Zones

Development

MA RL RV CL H MU 3A 3B 4A 4B 5A 6A 6B 6C 7A 7D EPA EPM 7E 9B

for the purpose of the following:

Access ramps

X X X X X X X X X X X X X X X X X X X X

Advertisements X X X X X X X X X X

C C C X

Advertising

C C C C

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

Zones

Development

MA RL RV CL H MU 3A 3B 4A 4B 5A 6A 6B 6C 7A 7D EPA EPM 7E 9B

for the purpose of the following:

Agriculture

N N C C C C C C C C C C N N N C C

Airline terminals C C

C

C C C C

C

C

Animal

establishments C C

C C C C C C C

C C C

Bed and breakfast

accommodation X X X X X X X X

X X X X

Boarding-houses C C C C C C C C C C

C

C

Bulky goods sales

rooms or

C C C C

showrooms

Bus depots

C C C C

C C C C

C

C

Bus stations

C C C C C C C C C C

C

C

Car repair stations

C C C C

Carnivals

N N N

C C N N N N N N N N

N N N

N

Carports

X X X X X X X X X X C C C C

C C C C

Child care centres C C C C C C C C C C C C C C

C

C C

Clearing native

C C C C N N N N N N C C C C

C C C

X

vegetation

Clubs

C C C C C C C C C C

C

C

C C

Commercial

premises

C C

Community

C C C C C C C C C C C C C C

C

C C

facilities

Dams

C C C C C C C C C C C C C C C C C C C C

Demolition

X X X X X X X X X X X X X X X X X X X

Dual occupancies

C C C C

C C C C

attached

Dwelling-houses C C C C X X C C

C C C C

Educational

establishments C C C C C C C C

C

C C C C

Exhibition homes

C C C C

Extractive

C

C C

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Amendments

Schedule 1

Zones

Development

MA RL RV CL H MU 3A 3B 4A 4B 5A 6A 6B 6C 7A 7D EPA EPM 7E 9B

for the purpose of the following:

Farm gate sales

C C C C

C C C C C

outlets

Fences

X X X X X X X X X X X X X X C X X X C X

Flag poles

X X X X X X X X X X X X X X

X X X X

Forestry

C

C C C C C C C

C C

C C C

Garages

X X C X X X X X X X C C C C

C C C C

General stores

C C C C C C C C C C

C C C

Generating works C C C C

C C C C

C C C

Helipads

C C C C C C C C C C C C C C

C C C C

Heliports

C C

C

C C C C

C

C

Home industries C C C C C C C C C C C

C C C C

Home

X X X X X X X X X X X

X X X X

occupations

Hospitals

C C C C C C C C C C C

C

C C

Hotels

C C C C

C C C C

C

C

Identified land

C C C C C C C C C C C

C C C C C

uses

Industries

C

Institutions

C C C C

C C

C

C C

Intensive

C C

C

C C C

agriculture

Junk yards

C

C

Landfilling

C C C C C C C C C C C C C C C C C C C C

Light industries

C C C

Liquid fuel depots

C C

Mineral sand

C

C C

mines

Mines

C

C C

Motels

C C C C

C C C

C

C

C C

Motor show

rooms

C C C C

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

Zones

Development

MA RL RV CL H MU 3A 3B 4A 4B 5A 6A 6B 6C 7A 7D EPA EPM 7E 9B

for the purpose of the following:

Offensive or

hazardous

C

industries Places of

C C C C

C C C C

C C C C

assembly

Places of public

C C C C C C C C C C C

C C C C

worship

Produce stores

C C C

C C C C

C C C

Professional and

commercial

C C C C C C C C C C

C

C C

chambers

Public buildings C C C C C C C C C C C

C C

C

C C

Public utility

N N N N N N N N N N N N N N N N N N

N

undertakings

Real estate sales

X X X X X X X X X X X

X X X X

signs

Recreation areas C C

C C C C C C C C C C C C C C C C

Recreation

C C C C C C C C C C

C C C

C

C C

facilities

Recreation

C C C

C C C C

C C C

C

C

C

vehicle areas

Recreational

establishments C C C C C C C C C C

C C C

C

C C

Refreshment

C C C C

C C C C

C C C

C C C

rooms

Renovations

X X X X X X X X X X X X X X X X X X X X

Retail plant

C C C

C C C C

C C C

nurseries

Retaining walls X X X X X X X X X X X X X X

X X X X X

Road transport

C

C

C C

terminals

Roadside stalls C C C C

C C C

Rural industries C

C C

C C C

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Amendments

Schedule 1

Zones

Development

MA RL RV CL H MU 3A 3B 4A 4B 5A 6A 6B 6C 7A 7D EPA EPM 7E 9B

for the purpose of the following:

Rural tourist

C C

C

C C

C

facilities

Rural workers’

C

C

C C C

dwellings

Satellite dishes X X X X X X X X X X X X X X

X X X X X

Sawmills

C

C

C C C

Service stations

C C C C

Shop fit outs

X X

Shops

C C

Stock and sale

C

C C

C C C

yards

Structures

ancillary to

X X X X X X X X X X X

X X X X

dwellings

Tourist facilities C C C C C C C C C C

C

C C

Transport

C C

C

terminals

Truck depots

C

C C C

C

Units for aged

persons

C C C C C C

Utility

N N

N N N N N N N N N N N N N N N N C

installations

Warehouses

C C C C

Waste storage

X X X X X X X X X X X X X X

X X X X X

containers

[8]      Clause 9A Zone objectives

Omit the matter relating to Zones Nos 1 (a), 1 (b), 1 (c), 1 (c1), 1 (d), 2 (a),

2 (a1) and 2 (c) from the Table to the clause.

Insert instead:

Mixed Agriculture zone

The objectives of this zone are as follows:

(a)

to encourage existing sustainable agricultural activities,

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

(b)

to ensure that development does not create or contribute to rural land use conflicts,

(c)

to encourage agricultural activities that do not rely on highly fertile land,

(d)

to prevent fragmentation of agricultural land,

(e)

to ensure that agricultural activities occur in a manner:

(i)

that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as streams and wetlands, and

(ii)

that satisfies best practice guidelines and best management practices,

(f)

to promote the conservation and enhancement of local native vegetation, including the habitat of threatened species, populations and ecological communities by encouraging development to occur in areas already cleared of vegetation,

(g)

to ensure that development retains or enhances existing landscape values that include a distinctive agricultural component,

(h)

to prevent the establishment of traffic generating development along main and arterial roads,

(i)       to control outdoor advertising so that it does not disfigure the rural landscape,

(j)

to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services.

Rural Living zone

The objectives of this zone are as follows:

(a)

to provide primarily for a rural residential lifestyle,

(b)

to enable identified agricultural land uses to continue in operation,

(c)

to minimise conflict with rural living land uses,

(d)

to ensure that agricultural activity is sustainable,

(e)

to provide for rural residential development on former agricultural land if the land has been remediated,

(f)

to preserve the rural landscape character of the area by controlling the choice and colour of building materials and the position of buildings, access roads and landscaping,

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

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Schedule 1

(g)

to allow for agricultural land uses that are ancillary to an approved rural residential land use that will not have significant adverse environmental effects or conflict with other land uses in the locality,

(h)

to ensure that development occurs in a manner:

(i)

that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as streams and wetlands, and

(ii)

that satisfies best practice guidelines and best management practices,

(i)       to prevent the establishment of traffic generating development along main and arterial roads,

(j)

to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services.

Rural Village zone

The objectives of this zone are as follows:

(a)

to maintain the rural character of the village and to ensure buildings and works are designed to be in sympathy with the character of the village,

(b)

to protect hilltops, ridge lines, river valleys, rural landscapes and other local features of scenic significance by controlling the choice and colour of building materials and the position of buildings, access roads and landscaping,

(c)

to enable development for purposes other than residential only if they are compatible with the character of the village,

(d)

to ensure that development does not detract from the existing rural character,

(e)

to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services,

(f)

to control outdoor advertising so that it does not disfigure the rural landscape,

(g)

to ensure that development occurs in a manner that satisfies best practice guidelines for the protection of water catchments, water quality, land surface conditions and important ecosystems.

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

Consolidated Land Holdings zone

The objectives of this zone are as follows:

(a)

to prohibit further subdivision of certain rural land otherwise than to effect a minor boundary adjustment,

(b)

to permit only those uses that are compatible with the amenity of rural areas and ancillary to development in the locality,

(c)

to ensure that development in rural areas does not generate an unreasonable demand for public services,

(d)

to maintain the rural character and scenic landscape qualities of land in river corridors and on escarpments.

Housing zone

The objectives of this zone are as follows:

(a)

to provide for low density housing and associated facilities in locations of high amenity and accessibility,

(b)

to protect the character of traditional residential development and streetscapes,

(c)

to ensure that new development retains and enhances the existing character,

(d)

to ensure that development is sympathetic to the natural amenity and ecological processes of the area,

(e)

to enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character,

(f)

to control subdivision so that the provision for water supply and sewerage disposal on each resultant lot is satisfactory to the Council,

(g)

to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services.

Multi Unit Housing zone

The objectives of this zone are as follows:

(a)

to consolidate population and housing densities,

(b)

to provide a wide range of housing choices in close proximity to commercial centres and railway stations,

(c)

to ensure that building form is in character with the surrounding built environment,

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

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Schedule 1

(d)

to ensure that development is sympathetic to the natural amenity and ecological processes of the area,

(e)

to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services,

(f)

to enable development for purposes other than residential only if it is compatible with the character of the living area and has a domestic scale and character.

[9]      Clause 9A, Table

Omit the matter relating to Zone No 7 (d1). Insert instead:

Environmental Protection—Agriculture Protection (Scenic)

zone

The objectives of this zone are as follows:

(a)

to protect the agricultural potential of rural land in order to promote, preserve and encourage agricultural production,

(b)

to ensure that agricultural activities occur in a manner:

(i)

that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as streams and wetlands, and

(ii)

that satisfies best practice guidelines and best management practices,

(c)

to ensure that development does not create or contribute to rural land use conflicts,

(d)

to ensure that development retains or enhances existing landscape values that include a distinctly agricultural component,

(e)

to preserve river valley systems, scenic corridors, wooded ridges, escarpments, environmentally sensitive areas and other local features of scenic quality,

(f)

to protect hilltops, ridge lines, river valleys, rural landscapes and other local features of scenic significance,

(g)

to prevent the establishment of traffic generating development along main and arterial roads,

(h)

to control outdoor advertising so that it does not disfigure the rural landscape,

(i)       to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services,

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Schedule 1

Amendments

(j)

to preserve the rural landscape character of the area by controlling the choice and colour of building materials and the position of buildings, access roads and landscaping,

(k)

to encourage existing sustainable agricultural activities.

Environmental Protection—Mixed Agriculture (Scenic) zone

The objectives of this zone are as follows:

(a)

to encourage existing sustainable agricultural activities,

(b)

to ensure that development does not create or contribute to rural land use conflicts,

(c)

to encourage agricultural activities that do not rely on highly fertile land,

(d)

to prevent fragmentation of agricultural land,

(e)

to ensure that agricultural activities occur in a manner:

(i)

that does not have a significant adverse effect on water catchments, including surface and groundwater quality and flows, land surface conditions and important ecosystems such as streams and wetlands, and

(ii)

that satisfies best practice guidelines and best management practices,

(f)

to promote the conservation and enhancement of local native vegetation, including the habitat of threatened species, populations and ecological communities by encouraging development to occur in areas already cleared of vegetation,

(g)

to ensure that development retains or enhances existing landscape values that include a distinctly agricultural component,

(h)

to prevent the establishment of traffic generating development along main and arterial roads,

(i)       to control outdoor advertising so that it does not disfigure the rural landscape,

(j)

to ensure that development does not create unreasonable economic demands for the provision or extension of public amenities or services.

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Schedule 1

[10]      Clauses 9B–9E

Omit clause 9B. Insert instead:

9B

Exempt development

(1)

Development listed in the Table to this clause is exempt

development, except as provided by subclauses (2) and (3).

(2)

Development is exempt development only if:

(a)

it complies with any applicable Acts or other laws, and

(b)

it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(c)

it meets the requirements listed for it in the Table to this clause, and

(d)

it complies with any relevant standards set for the development by this plan or by the Hawkesbury Development Control Plan, and

(e)

it does not contravene any condition of development consent applying to the land, and

(f)

it does not obstruct drainage of the site on which it is carried out, and

(g)

it is carried out at least one metre from any easement or the zone of influence of any public sewer main and complies with the building over sewer requirements of Sydney Water Corporation or the Council, applying to the land, and

(h)

it is not designated development.

(3)

Development is not exempt development if it is carried out on

land that:

(a)

is subject to an order under the Heritage Act 1977, or

(b)

is an Aboriginal place or known Aboriginal object under the National Parks and Wildlife Act 1974, or

(c)

is identified in an environmental planning instrument as a wetland or is within 20 metres of land so identified as a wetland, or

(d)

is or is part of an aquatic reserve under the Fisheries Management Act 1994, or

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

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Amendments

(e)

is a site of a heritage item or is in a conservation area, or

(f)

is prohibited development under this plan or any other environmental planning instrument.

Note. Section 76 (3) of the Environmental Planning and Assessment Act 1979 says development can not be 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 (within the meaning of the Wilderness Act 1987).

Table

The erection and use or

Requirements

carrying out of the following:

Access ramps for the disabled

•

Maximum height 1m above ground level

•

compliance with AS 1428.1—1998, Design for

Maximum grade 1:14 and otherwise in access—New building work

Advertisements

General

•

Not to be placed above awnings or on the roof of buildings

•

Maximum area 4m2

•

Not illuminated

•

Maximum of one advertisement per property

Sandwich boards A frame (private property)

•

Located in commercial zones

•

Maximum area 2.4m2 on each of the 2 faces

•

Sandwich board located on private property

•

Maximum of one such sandwich board per business

Sandwich boards A frame (council property and public places)

•

Maximum area 1.2m2 on each of the 2 faces

•

Each sandwich board is to be registered with the Council and have a Council issued registration plate attached

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Schedule 1

The erection and use or

Requirements

carrying out of the following:

•

Each sandwich board is to be covered by public liability insurance to the value of $5 million that protects both the owner of the board and the

Council. The owner is to provide evidence of the insurance to the Council annually or at such other times as may be requested by the Council

•

Sandwich board is not to be placed so as to obstruct pedestrians or the view of drivers of motor vehicles

•

Sandwich board is to be located no more than 5m from the business to which it relates

•

Maximum of one sandwich board per business

Aerials/antennae/microwave

•

Maximum height above roof of 6m

antennae

•

Domestic use only

Air conditioning units for

•

Noise from the source represented by LAeq

dwellings (attached to external

measured over a 15 minute period does not

wall or ground mounted)

exceed the background noise level, represented

by LAeq 90 measured in the absence of the

source by more than 5dB

Awnings, shade canopies, storm

•

Maximum area 40m2

blinds, open pergolas, cabanas,

•

Maximum height 2.4m above ground level

gazebos, barbecues and

greenhouses that are ancillary to a

•

Non reflective materials

dwelling

•

Located within property boundaries

•

Located to the side of or behind the dwelling

•

No removal of native vegetation

•

Awnings not to be used for garaging or storage of vehicles

•

Located no less than 900mm from adjoining allotment boundaries

Bed and breakfast accommodation •

4 bedrooms or less located within existing

dwelling

•

Compliance with BCA for Class 1b building

Bird aviaries and domestic pet

•

Maximum area 9m2 (total aggregate)

enclosures (excluding poultry)

•

Maximum height 1.8m above ground level

•

Domestic use only

•

Rear yard only

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Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

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Amendments

The erection and use or

Requirements

carrying out of the following:

Carnivals

•

No more than 4 events per calendar year

•

No amplified noise

•

Daylight hours only

Carports

•

Maximum height 2.4m above ground level

•

Maximum roof pitch 15 degrees

•

Maximum area 40m2

•

Not in an environmental protection zone

•

To be located behind the building alignment

Change of use from:

•

Existing approved industrial building

(a)

an industrial use to another

•

Located in an industrial zone

industrial use, or

•

Does not involve offensive or hazardous industry

(b)

a light industrial use to

•

It does not involve any internal or external

another light industrial use

alterations

•

Storage of goods and materials is to be confined within the building or within approved areas

•

Development is to be maintained in a clean and tidy manner

•

The use of the site is to be conducted in such a manner so as not to interfere with the amenity of the neighbourhood with respect to noise, vibration, odour, dust, waste water, waste product or otherwise

•

All vehicles being serviced, repaired, stored or displayed for sale are to be contained within the subject property and not on adjacent footpaths or roadways

•

Vehicles and vehicle parts are only to be washed in a Council approved wash bay area

•

All chemicals, petrochemicals, liquids, waste materials and contaminated parts are to be stored within the building in appropriately bunded areas

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Schedule 1

The erection and use or

Requirements

carrying out of the following:

•

Used oil and other lubricants, hydraulic fluid and coolants are to be collected and stored for the purposes of recycling or disposing at a waste facility

•

Oil, lubricant, coolant and hydraulic fluid spills or stains are to be removed by an appropriate absorbent material and disposed of at a waste facility. An adequate supply of the absorbent material is to be kept on hand at all times

•

The relevant sewer authority (the Council or Sydney Water) must be consulted regarding acceptable discharge limits to the sewerage system and a Trade Waste agreement must be

entered into with the relevant authority before

trade waste is discharged from the premises

Change of use from:

General

(a)

a shop to another shop, or

•

Existing approved retail/commercial building

(b)

a commercial use to another

•

Located in a commercial zone

commercial use (other than a

•

It does not involve any internal or external

brothel)

alterations

•

Storage of goods and materials is to be confined within the building or within approved areas

•

The relevant sewer authority (the Council or Sydney Water) must be consulted regarding acceptable discharge limits to the sewerage system and a Trade Waste agreement must be

entered into with the relevant authority before

trade waste is discharged from the premises

•

Any lighting on the site is to be directed in such a manner so that no nuisance is caused in relation to adjoining properties and drivers of motor

vehicles

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Amendments

The erection and use or

Requirements

carrying out of the following:

Food premises

•

Premises in which food is to be served, prepared or stored are to be constructed, maintained and operated in accordance with the Council’s Code for the Construction and Fit-out of Food

Premises as in force on the date of

commencement of Hawkesbury Local

Environmental Plan 1989 (Amendment No 108)

and with Food Standards Australia New Zealand

Standard 3.2.3 (Food Premises and Equipment).

Hairdressers, hair cutters, beauty salons and skin penetration businesses

•

Premises must be registered with the Council

•

Premises are to be constructed, maintained and operated in accordance with any relevant guidelines issued by the Department of Health and are to have impervious floor coverings with coving where necessary

Clothes hoist or clothes lines

•

Located behind principal dwelling

•

Installed to manufacturer’s specifications

Cubby houses and playground

•

Maximum height 2.1m above ground level

equipment ancillary to a dwelling

•

Maximum area 9m2

•

Setback minimum 900mm

Decks attached to detached single

•

Maximum area 40m2

dwellings (does not include

•

Finished surface level not greater than 1m above

decking associated with

swimming pools)

ground level

•

Maintain existing side boundary setbacks

Demolition of any structure:

•

Carried out in accordance with AS 2601—1991, Demolition of structures

(a)

be exempt development

under this plan, or a

temporary building the

erection of which would be

the erection of which would under this plan, and

(b)

covering an area of not more than 40m2

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Schedule 1

The erection and use or

Requirements

carrying out of the following:

Dog kennels or dog runs

•

Maximum height 2m above ground level

•

Maximum area 2m2

•

No more than 2 kennels

•

Enclosure not exceeding 1.2m high (or 2m if enclosed) above ground level and dimensions 3m × 2m

•

Domestic use only

•

Located behind principal building

Erection and use of real estate

•

Flush wall sign or pole or pylon sign

sales signs

•

Only one sign per street/road frontage

•

Signs are to be removed no later than 7 days after settlement

Signs in commercial and industrial zones

•

Maximum sign area 4m2

•

Maximum height 3m above ground level

Signs in zones other than commercial and industrial zones

•

Maximum sign area 2.5m2

•

Maximum height 2m above ground level

•

Not illuminated

•

Not placed on or above any public place

Fences (other than fences required

Boundary fences (behind building line)

by the Swimming Pools Act 1992)

•

Maximum height 2.4m above ground level (other than masonry or brick)

Boundary fences (not behind building line)

•

Maximum height 1.2m above ground level (other than masonry or brick)

•

New materials only

Timber or lattice screen fences (other than boundary fences)

•

Maximum height 2.4m above ground level

•

Minimum 500mm off side boundary

•

Located behind building line

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The erection and use or

Requirements

carrying out of the following:

Filling of land

•

Maximum depth 300mm

•

Maximum area 100m2

•

Does not interfere with the natural flow of water from or onto surrounding properties

•

Involves only clean fill (natural excavated material) and not any contaminated material

•

No removal of native vegetation

•

Maximum of one application of fill per property

Flagpoles in commercial or

•

Maximum height 9m above ground level

industrial zones

•

Installed to manufacturer’s specifications or engineering design

Flagpoles in residential zones

•

Maximum height 6m above ground level

•

Installed to manufacturer’s specifications or engineering design

Fountains, fish ponds, sun dials,

•

Water storage area no greater than 300mm deep

bird baths, wishing wells and the

•

Not exceeding 1.5m high above ground level

like

Garages

•

Maximum height 2.4m above ground level measured to the gutter of the garage

•

Maximum roof pitch 15 degrees

•

Maximum area 40m2

•

Not in an environmental protection zone

•

To be located behind the building alignment

Garden sheds

•

Maximum area of a shed or sheds in total 16m2

•

Maximum height 2.1m above ground level

•

Non-reflective materials

•

Rear yard only

•

Installed to manufacturer’s specifications or engineering design

Gas bottles for domestic purposes •

Maximum of 2 bottles

Gate structures and supporting

•

Maximum 1.8m high above ground level

wing walls

•

Maximum length 10m overall

•

Wholly within property boundary

Home occupation

•

No customers will visit the site

BY AUTHORITY

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Schedule 1

The erection and use or

Requirements

carrying out of the following:

Letter boxes

•

Height and size to comply with Australia Post standards

•

Wholly within property boundary in residential areas

Lighting (external) not including lighting for tennis courts, sports grounds or greenhouses

Renovations—all buildings

•

Non-structural work only, such as:

excluding shop fit outs

• painting

•

replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials

•

renovations of bathrooms, kitchens, cupboards and wardrobes

•

re-cladding of walls or roofs if existing materials are replaced with similar new materials

•

Alterations or renovations to previously completed building only

•

Does not include changes to the configuration of rooms whether by removal of existing walls, partitions or by other means

•

Does not cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas

Retaining walls

•

Located no closer than 1m to any boundary

•

Maximum height 900mm above natural ground level

•

Complies with relevant Australian Standards in relation to structural integrity and construction materials

•

Constructed so that it does not prevent the natural flow of stormwater drainage or run-off

•

Does not interfere with the natural flow of water from or onto surrounding properties

Satellite dishes—ground mounted •

Maximum height 2.4m above ground level

•

Not visible from the street frontage

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Amendments

The erection and use or

Requirements

carrying out of the following:

Satellite dishes—roof mounted

•

Maximum diameter 1m

•

Maximum height not to exceed highest point of roof

•

Not visible from the street frontage

•

Colour to match existing roof colour

Skylight roof windows

•

Comply with AS 3959—1999, Construction of buildings in bushfire-prone areas

•

Located not less than 900mm from property boundaries or walls separating attached dwellings

•

Structural integrity of the existing building not to be affected

•

Installed to manufacturer’s instructions and waterproofed

Street signs comprising name

•

Construction by or for Council

plates, directional signs and

•

Designed, fabricated and installed in accordance

advance traffic warning signals

with relevant Australian Standards

Waste storage container in public

•

Maximum length of container 3m

place

•

Single container only

•

Container is to be located and designed in accordance with any requirements or guidelines of the Roads and Traffic Authority

•

Container is to be removed within 14 days of being placed in the public place

•

Each container is be covered by public liability insurance to the value of $10 million that protects the Council

•

Container is to be a light colour with the name and address of the owner of the container clearly marked

Water heaters

•

Installed to manufacturer’s specifications or requirements

•

Installed by licensed person

•

Work does not reduce structural integrity of the building or involve structural alterations

•

Openings created are water proofed

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Schedule 1

The erection and use or

Requirements

carrying out of the following:

Water tanks in non-residential

•

Not less than 10,000 and not more than 120,000

zones

litres

•

No closer than 6m to adjoining boundary and buildings

•

Maximum height 2.4m above ground level

•

Fitted with 38mm Stortz fitting and non-return foot valve

•

Domestic draw-off to leave 10,000 litres for use by fire services in an emergency

9C

Complying development

(1)

Development listed in the Table to this clause is complying

development, except as provided by subclauses (2) and (3).

(2)

Development is complying development only if:

(a)

it complies with any applicable Acts or other laws, and

(b)

it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

(c)

it meets the requirements listed for it in the Table to this clause, and

(d)

it complies with any relevant standards set for the development by this plan or by the Hawkesbury Development Control Plan, and

(e)

it does not contravene any condition of development consent applying to the land, and

(f)

it does not obstruct drainage of the site on which it is carried out, and

(g)

it is carried out at least one metre from any easement or the zone of influence of any public sewer main and complies with the building over sewer requirements of Sydney Water Corporation or the Council, applying to the land.

(3)

Development is not complying development if it is carried out on

land that:

(a)

is an Aboriginal place or known Aboriginal object under the National Parks and Wildlife Act 1974, or

(b)

is identified in an environmental planning instrument as a wetland or is within 20 metres of land so identified as a wetland, or

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Amendments

(c)

is or is part of an aquatic reserve under the Fisheries Management Act 1994, or

(d)

is a site of a heritage item or is in a conservation area, or

(e)

is lower than 1.2 metres below the 1-in-100 year flood frequency, or

(f)

is a remediation site within the meaning of the Contaminated Land Management Act 1997 or land subject to an agreement with the Environment Protection Authority under section 26 of that Act for voluntary remediation, or

(g)

is, at the date of commencement of Hawkesbury Local Environmental Plan 1989 (Amendment No 108), identified:

(i)

on a register maintained by the Council as land that is subject to landslip, or

(ii)

on the Acid Sulfate Soils Planning Map as land containing potential acid sulphate soils of Class 1, 2 or 3, or

(h)

is identified as a scenic area of the riverine corridor or as a conservation area sub-catchment under Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), or

(i)      is prohibited development under this plan or any other environmental planning instrument.

Note. Section 76A (6) of the Environmental Planning and Assessment Act 1979 says development can not be complying 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 (within the meaning of the Wilderness Act 1987), or

(c)

that comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or

(d)

that is identified as an environmentally sensitive area in the environmental planning instrument providing for the complying development.

(4)

Subclause (3) (e) does not apply to development for the purposes

of a swimming pool.

(5)

A complying development certificate must include the conditions specified in the Hawkesbury Development Control Plan that are applicable to the particular type of development.

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Amendments

Schedule 1

Table

The erection and use or

Requirements

carrying out of the following:

Boundary adjustments

•

Affects no more than 2 lots

•

Not identified as bushfire prone land

•

The variation to either of the lot sizes must not exceed 20%

Covered decks

•

Floor level no more than 1.2m above ground level

•

Attached to existing dwelling

•

Not in an environmental protection zone

•

Not identified as bushfire prone land

Industrial additions

•

As for industrial buildings

•

Total area of all such additions does not exceed 1,000m2

Industrial buildings

•

Area does not exceed 1,000m2

•

Maximum height 9m above ground level Waste management plan approved in Development Control Plan

•

Retaining walls

•

Maximum height between 900mm and 1,800mm above or below natural ground level

•

Maximum height 1.8m above ground level

•

No closer than 1m to adjoining boundary

•

Designed by a practising structural engineer and constructed in accordance with the engineer’s design and specifications

Roofed pergolas

•

Floor level no more than 1.2m above ground level

•

Attached to existing dwelling

•

Not in an environmental protection zone

•

Not identified as bushfire prone land

Rural sheds

•

Not in a residential zone

•

Area does not exceed 170m2

•

No removal of native vegetation

•

Not used for commercial or industrial uses

•

No closer than 10m to adjoining boundary

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Schedule 1

Amendments

The erection and use or

Requirements

carrying out of the following:

Screen enclosures

•

Area does not exceed 60m2

•

Not in an environmental protection zone

•

Not identified as bushfire prone land

Shop fit outs—internal partition

•

Existing floor area must not increase

walls only

Single storey dwellings and

•

Residential zones only

alterations and additions to single

•

Not on land for which the Australian Noise

storey dwellings

Exposure Forecast exceeds 25

• Sewered

•

Floor level no more than 1.2m above ground level

•

On lots with an area greater than 450m2

•

Acoustics— construction

Comply with AS 2021—2000,

•

Waste management plan approved in accordance with the Hawkesbury Development Control Plan

•

Not identified as bushfire prone land

Swimming pools

•

Ancillary to a dwelling that is used only for private purposes

•

Located behind the building line

•

The lot is to be sewered or have an area greater than 4,000m2

•

No more than 500mm above ground level if in residential zone

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Schedule 1

9D

Use of land zoned 5 (b) (Special Uses (Railways))

(1)

This clause applies to land in Zone No 5 (b).

(2)

Development for the purposes of any use that is authorised under the Transport Administration Act 1988 in relation to railways does not require the consent of the Council.

(3)

Development for a purpose other than that in subclause (2) is

prohibited.

9E

Use of land zoned 8 (a) (Nature Reserve)

(1)

This clause applies to land in Zone No 8 (a).

(2)

Development for the purposes of any use that is authorised under the National Parks and Wildlife Act 1974 does not require the consent of the Council.

(3)

Development for a purpose other than that in subclause (2) is

prohibited.

[11]      Clause 11 Rural subdivision—general provisions

Omit “within Zone No 1 (b) or 1 (c1)” from the definition of lot averaging subdivision in clause 11 (1).

Insert instead “in the Mixed Agriculture or Rural Living zone”.

[12]      Clause 11 (1), definition of “lot averaging subdivision”

Omit “Zone No 1 (b)” from paragraph (a) of the definition.

Insert instead “the Mixed Agriculture zone”.

[13]      Clause 11 (1), definition of “lot averaging subdivision”

Omit “Zone No 1 (c1)” from paragraph (b) of the definition.

Insert instead “the Rural Living zone”.

[14]      Clause 11 (2)

Omit “Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 7 (a), 7 (d) or 7 (d1)”.

Insert instead “Zone No 7 (a) or 7 (d) or in the Mixed Agriculture, Rural Living, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

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[15]      Clause 11 (2)

Omit the Table to the subclause. Insert instead:

Column 1

Column 2

Column 3

Zone

Minimum

Minimum

allotment size if

allotment size if

not lot averaging

lot averaging

subdivision

subdivision

Mixed Agriculture (land

40 hectares

Not applicable

shown hatched on the

map)

Mixed Agriculture (other

10 hectares

2.5 hectares

than land shown hatched

on the map)

Rural Living (land shown

2 hectares

Not applicable

hatched on the map)

Rural Living (other than

4 hectares

1 hectare

land shown hatched on the

map)

Environmental

10 hectares

Not applicable

Protection—Agriculture Protection (Scenic) (land shown hatched on the

map)

Environmental

40 hectares

Not applicable

Protection—Agriculture

Protection (Scenic) (other

than land shown hatched

on the map)

Environmental Protection

40 hectares

Not applicable

(Wetlands) 7 (a)

Environmental Protection

40 hectares

Not applicable

(Scenic) 7 (d)

Environmental

40 hectares

Not applicable

Protection—Mixed Agriculture (Scenic)

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Schedule 1

[16]      Clause 11 (4)

Omit “within Zone No 1 (b) or 1 (c1)”.

Insert instead “in the Mixed Agriculture or Rural Living zone”.

[17]      Clause 11 (5)

Omit “within Zone No 1 (b)”. Insert instead “in the Mixed Agriculture zone”.

[18]      Clause 11 (6)

Omit “within Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 7 (d) or 7 (d1)”.

Insert instead “in Zone No 7 (d) or in the Mixed Agriculture, Rural Living, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

[19]      Clause 11 (7)

Omit “within Zone No 1 (d)”.

Insert instead “in the Rural Village or Consolidated Land Holdings zone”.

[20]      Clause 12

Omit the clause. Insert instead:

12

Residential subdivision—general provisions

(1)

In this clause:

internal allotment means an allotment to which the only means

of access to that part of the allotment that is most suitable for

locating a dwelling is by way of:

(a)

an access corridor that forms part of the allotment (a hatchet shaped allotment), or

(b)

an easement or right of way over another allotment.

(2)

The Council may consent to the subdivision of land in the Housing or Multi Unit Housing zone only if the area of each allotment that is to contain a dwelling is not less than:

(a)

if the allotment is not an internal allotment, that shown for the zone in Column 2 of the following Table, or

(b)

if the allotment is an internal allotment, that shown for the zone in Column 3 of that Table.

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Column 1

Column 2

Column 3

Zone

Allotment (other

Internal allotment

than an internal

size

allotment) size

Housing (land shown

600 square metres

700 square metres

hatched on the map)

Housing (other than land

450 square metres

450 square metres

shown hatched on the map)

Multi Unit Housing

450 square metres

450 square metres

(3)

Despite subclause (2), the Council must not consent to the

subdivision of land in the Housing zone if:

(a)

the land is not serviced by reticulated sewerage, and

(b)

the area of any proposed allotment that is to contain a dwelling is less than 4,000 square metres.

(4)

For the purposes of subclause (2) and (3), in determining the area of an internal allotment that is a hatchet shaped allotment, the area of the access corridor is not to be counted as part of the area of that allotment.

(5)

The Council must not consent to the subdivision of land at Glossodia if that land is in the Housing zone except by a subdivision in accordance with clause 13.

(6)

Despite the other provisions of this clause, the Council may consent to the subdivision of multi unit housing, the development of which has been approved by the Council, into separate allotments or units.

[21]      Clause 15 Erection of dwelling-houses

Omit “within Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 2 (a), 2 (a1), 2 (c), 7 (d) or 7

(d1)” from clause 15 (1).

Insert instead “in Zone No 7 (d) or in the Mixed Agriculture, Rural Living, Rural Village, Housing, Multi Unit Housing, Environmental Protection— Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

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[22]      Clause 15 (5)

Omit “within Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 1 (d), 7 (d), (7d1) or (7e)”.

Insert instead “in Zone No 7 (d) or 7 (e) or in the Mixed Agriculture, Rural Living, Rural Village, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

[23]      Clause 15 (7)

Omit “within Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 7 (d) or 7 (d1)”.

Insert instead “in Zone No 7 (d) or in the Mixed Agriculture, Rural Living, Rural Village, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

[24]      Clause 16

Omit clauses 15A and 16. Insert instead:

16

Erection of residential flat buildings

(1)

Despite clause 9, the Council may consent to development for the

purposes of a residential flat building on land:

(a)

in Zone No 3 (a) or 3 (b) if that land is serviced by reticulated water and sewerage, or

(b)

land in the Multi Unit Housing zone that is shown hatched on the map.

(2)

Despite clause 12, the Council may consent to the subdivision of a residential flat building, the development of which has been approved by the Council, into separate allotments or units.

[25]      Clause 17 Rural workers’ dwellings

Omit “within Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 7 (d) or 7 (d1)” from clause 17 (1).

Insert instead “in Zone No 7 (d) or in the Mixed Agriculture, Rural Living, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

[26]      Clauses 19, 21 and 33C

Omit the clauses.

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[27]      Clause 22 Development fronting a main or arterial road

Omit “within Zone No 1 (a), 1 (b), 1 (c), 1 (c1), 7 (d) or 7 (d1)” from clause

22 (2).

Insert instead “in Zone No 7 (d) or in the Mixed Agriculture, Rural Living, Rural Village, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone”.

[28]      Clause 23 Advertising structures

Omit clause 23 (1). Insert instead:

(1)

This clause applies to land in Zone No 7 (d) or in the Mixed Agriculture, Rural Living, Rural Village, Housing, Multi Unit Housing, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone.

[29]      Clause 24 Development in certain environmental and other zones

Omit clause 24 (1). Insert instead:

(1)

This clause applies to land in Zone No 7 (d) or in the Rural Village, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone.

[30]      Clause 26 Conservation areas

Insert after clause 26 (4):

(5) Development consent is not required by this clause for development described in the Table to clause 9B if:

(a)

in the opinion of the Council:

(i)

the proposed development is of a minor nature or consists of maintenance of the building, relic or place within a conservation area, and

(ii)

the proposed development would not adversely affect the significance of the conservation area, and

(b)

the proponent has notified the Council in writing of the proposed development and the Council has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause.

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[31]      Clause 27 Heritage items

Insert after clause 27 (2):

(3) Development consent is not required by this clause for development described in the Table to clause 9B if:

(a)

in the opinion of the Council:

(i)

the proposed development is of a minor nature or consists of maintenance of the heritage item, and

(ii)

the proposed development would not adversely affect the significance of the heritage item, and

(b)

the proponent has notified the Council in writing of the proposed development and the Council has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause.

[32]      Clause 36

Omit the clause. Insert instead:

36

Clearing of land in certain environmental and other zones

A person must not, on land in Zone No 7 (a) or 7 (d) or in the Mixed Agriculture, Rural Living, Rural Village, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone, fell trees, fill or otherwise alter the surface level of the land without the consent of the Council.

[33]      Clauses 43 and 43A

Insert after clause 42A:

43

Rural tourist facilities and educational establishments

(1)

This clause applies to development for the purposes of:

(a)

educational establishments on land in the Environmental Protection—Agriculture Protection (Scenic) zone, and

(b)

rural tourist facilities.

(2)

The Council may consent to development to which this clause

applies only if the Council is satisfied that:

(a)

the proposed development will have no significant adverse effect on the present and potential agricultural use of the land and of the lands in the vicinity, and

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(b)

the proposed development will be compatible with the rural environment and of minimal environmental impact, and

(c)

adequate separation distances will be incorporated to minimise the potential for land use conflict between the proposed development and existing or potentially conflicting land uses, such as intensive agriculture on adjoining land, and

(d)

the proposal incorporates adequate landscaping and screen planting for visual amenity as viewed from a public road or dwelling-house on other land in the locality, and

(e)

all proposed buildings and other uses are clustered so as to reduce impact on the rural amenity, and

(f)

there will be no significant adverse visual impact of the proposed development on the scenic quality of the area.

43A

Poultry farms and piggeries in Rural Living zone

Despite any other provision of this plan, development for the purposes of poultry farms or piggeries is prohibited in the Rural Living zone.

[34]      Clause 44 Intensive agriculture

Omit clause 44 (1). Insert instead:

(1)

This clause applies to land in Zone No 7 (d) or in the Rural Living, Consolidated Land Holdings, Environmental Protection—Agriculture Protection (Scenic) or Environmental Protection—Mixed Agriculture (Scenic) zone.

[35]      Clause 44 (4) (d)

Omit the paragraph. Insert instead:

(d)

the need to protect the amenity of the area from noise, dust, visual impact, spray drift, odour or any other potentially offensive sources, and

2006 No 472

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Amendments

Schedule 1

[36]      Clauses 53A and 53B

Insert after clause 53:

53A

Special provision relating to multi unit housing

(1)

This clause applies to land that:

(a)

is in the Housing zone, and

(b)

was, immediately before the commencement of Hawkesbury Local Environmental Plan 1989 (Amendment No 108), in Zone No 2 (a).

(2)

Despite any other provision of this Plan, the Council may consent to development for the purposes of multi unit housing on land to which this clause applies.

(3)

This clause takes effect on and from the day that is 3 years after the date of commencement of Hawkesbury Local Environmental Plan 1989 (Amendment No 108).

53B

Savings in relation to development applications made before the

commencement of Hawkesbury Local Environmental Plan 1989

(Amendment No 108)

If a development application is made before the commencement of Hawkesbury Local Environmental Plan 1989 (Amendment No 108) and is not finally determined before that commencement, the application is to be determined as if that plan had been exhibited but not made.

[37]      Schedules 6 and 7

Omit the Schedules.

BY AUTHORITY

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