Hawkesbury Local Environmental Plan 1989 (Amendment No 110) (2001-240) [GG No 60 of 30.3.2001, p 1696] (NSW)
2001 No 240
| Hawkesbury Local Environmental Plan | New South Wales |
1989 (Amendment No 110)
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P98/00374/S69)
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
Sydney 28 March 2001.
| Published in Gazette No 60 of 30 March 2001, page 1696 | Page 1 |
| [36] | |
| 2001 No 240 |
| Clause 1 | Hawkesbury Local Environmental Plan 1989 (Amendment No 110) |
Hawkesbury Local Environmental Plan 1989
(Amendment No 110)
1 Name of plan
This plan is Hawkesbury Local Environmental Plan 1989 (Amendment
No 110).
2 Aims of plan
This plan aims to:
| (a) | omit the definition of commercial premises from, and to replace the definition of tourist facilities in, Hawkesbury Local Environmental Plan 1989, |
| (b) | introduce a number of new definitions into that plan, |
| (c) | introduce complying and exempt development provisions into that plan, |
| (d) | identify additional heritage items by including them in Schedule 1 to that plan, and |
| (e) | delete clause 37 of Hawkesbury Local Environmental Plan 1989 and replace it with a new clause to control development on land affected by aircraft noise, and |
| (f) | permit the Council to consent to the erection of a dwelling on land in Zone No 4 (a) or 4 (b) that is to be used in conjunction with an industrial use of the land. |
3 Land to which plan applies
This plan applies:
| (a) | in respect to the aims referred to in clause 2 (a)–(c) and clause 2 (e)–(f), to the land to which Hawkesbury Local Environmental Plan 1989 applies within the City of Hawkesbury, and |
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| Hawkesbury Local Environmental Plan 1989 (Amendment No 110) | Clause 3 |
| (b) | in respect of the aim referred to in clause 2 (d)—to land situated in the City of Hawkesbury, being Lot B DP 416222, 1027 Grose Vale Road, Kurrajong, and Lots A and B DP 159779, George Street, Windsor, as shown edged heavy black on the map marked “Hawkesbury Local Environmental Plan 1989 (Amendment No 110)” deposited in the Office of the Council of the City of Hawkesbury. |
4 Amendment of Hawkesbury Local Environmental Plan 1989
Hawkesbury Local Environmental Plan 1989 is amended in the manner set out in Schedule 1.
5 Amendment of Environmental Planning Policy No 4—Development Without Consent
This plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10): Land to which Hawkesbury Local Environmental Plan 1989 applies.
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
(Clause 4)
[1] Clause 5
Insert the following definitions in alphabetical order into clause 5 (1):
access ramp means a continuous slope joining two different levels of land or different floor levels allowing people with disabilities to gain access to a building or area.
carnival means a festival or community event involving parades, stalls, amusement devices and public entertainment (and includes fairs and fund raising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership.
carport means a roofed open-sided shelter for a car.
clearing of native vegetation means the removal of vegetation
considered indigenous, native or belonging naturally to
Australia for any purpose other than bushfire hazard reduction.
dam means an artificial pond created by the erection of walls
or excavation.
dual occupancy attached means a single building containing
two dwellings on one allotment of land and is also commonly
known as a duplex.
dual occupancy detached means two free standing self
contained dwellings on one allotment of land.
fence means a structure erected along the boundary between
two lots or a road providing a physical barrier.
flag pole means a pole on which a flag may be hoisted.
garage means a fully enclosed building for housing a car.
ground level means the actual physical level of the land prior
to the erection of any structures on the land.
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Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
identified land use means a land use for which a consent or approval was granted by the Council on or after 22 December 1989 and that was in operation on the date that Hawkesbury Local Environmental Plan 1989 (Amendment No 110) took effect.
industry means:
| (a) | any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or |
| (b) | the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business, |
but in the Land Use Matrix at the end of clause 9 does not include an extractive industry, home industry, light industry or rural industry.
landfill means the filling of land with clean fill or demolition fill, or both, which alters the natural ground surface level or affects pre-existing drainage. This fill material may be imported to or obtained from the site, but does not include top dressing.
light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, but does not include a home industry.
public utility undertakings means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any government department or under the authority of or in pursuance of any Commonwealth or State Act:
| (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, |
| (c) | telecommunication facilities undertakings, |
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Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
real estate sales sign means a temporary sign used to indicate
that land or any other immovable property is for sale.
retaining wall means a wall supporting and confining earth and
soil.
satellite dish means a dish or aerial for receiving satellite
television.
shop fit out means internal non-structural alterations to a shop.
structures ancillary to a dwelling means minor structures
associated with the normal domestic use of a dwelling or the
enhancement of the residential environment of a dwelling and
includes air conditioning units, aerials, antennae, awnings,
domestic pet enclosures, cabanas, gazebos, barbeques,
greenhouses, pergolas, play equipment, decks, fences, satellite
dishes, garden sheds, lighting, clothes lines, retaining walls,
screen enclosures, water tanks, pools, letter boxes, gates,
portable gas bottles, sky lights, water heaters or the like.
structures ancillary to uses other than dwellings means minor
structure or renovations that are ancillary to existing buildings
that are not dwellings or residential uses and includes uses or
works listed in Schedule 6 where applicable.
waste storage container means a container used for the storage
of waste prior to disposal.
[2] Clause 5 (1)
| Omit the definitions of commercial premises and residential flat building Class A. |
[3] Clause 5 (1)
Insert at the end of the definition of the map the following words:
Hawkesbury Local Environmental Plan 1989 (Amendment
No 110)
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Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
[4] Clause 5 (1)
Omit the definition of tourist facilities. Insert instead:
tourist facilities means a building or place that is used to provide refreshment, accommodation, recreation or amusement facilities for the travelling or holidaying public.
[5] Clause 6
Omit the clause. Insert instead:
6 Adoption of 1980 Model Provisions
The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of agriculture, arterial road, bulk store, bus depot, extractive material, industry, light industry, main road, professional consulting rooms, public utility undertaking, recreation establishment and tourist facilities in clause 4 (1) and clauses 15, 16, 17, 30, 31, 32, 33 and 34) are adopted for the purposes of this plan.
[6] Clause 9
Omit the clause. Insert instead:
9 Carrying out of development
|
| (a) | the development that may be carried out without consent, where “” is shown for that development, and |
| (b) | the development that may be carried out without consent and that is exempt development, where “” is shown for that development, and |
| (c) | the development that may be carried out only with a formal grant of consent or following the issue of a complying development certificate, where “” is shown for that development, and |
| (d) | development that may be carried out only with a formal grant of consent for which a complying development certificate cannot be issued, where “4” is shown for that development. |
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| (2) | Development referred to in the Land Use Matrix is prohibited in a zone if “”, “”, “” or “4” is not shown for that development. |
| (3) | Development that is not referred to in the Land Use Matrix is prohibited. |
(4) Development for which “” is shown may be carried out without consent only if it complies with the requirements for exempt development made by Schedule 6.
(5) Development for which “” is shown is complying
development only if it complies with the standards and other
requirements for complying development made by Schedule 7.
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
| 2001 No 240 |
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
| 2001 No 240 |
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
| 9A | Zone objectives | |
| (1) Before granting consent to development within a zone the Council must be of the opinion that carrying out the development is consistent with the relevant objectives of the zone in which the development is proposed to be carried out. | ||
|
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Table
| Zone No 1 (a) | (Rural “A”) |
The objectives of this zone are to:
| (a) | protect the agricultural potential of rural land, |
| (b) | permit agricultural uses and animal establishments, |
| (c) | prevent the establishment of traffic generating development along main and arterial roads, |
| (d) | ensure that development does not create unreasonable demands, in the present or in the future, for provision or extension of public amenities or services, and |
| (e) | ensure that development maintains the rural character of the locality. |
| Zone No 1 (b) | (Rural “B”) |
The objectives of this zone are to:
| (a) | primarily provide for agricultural uses and animal establishments, |
| (b) | ensure that development does not create unreasonable demands, in the present or in the future, for provision or extension of public amenities infrastructure, |
| (c) | prevent the establishment of traffic generating development along main and arterial roads, and |
| (d) | ensure that development maintains the rural character of the locality and to minimise disturbance to the landscape through clearing, earthworks and access roads. |
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| Zone No 1 (c) | (Rural “C”) |
The objectives of this zone are to:
| (a) | primarily provide for a rural residential living style, and |
| (b) | prevent the establishment of traffic generating development along main and arterial roads. |
Zone No 1 (c1) (Rural “C1”)
The objectives of this zone are to:
| (a) | primarily provide for a rural residential living style with “on site” collection of water and disposal of waste, |
| (b) | maintain a subdivision pattern which permits the land to be subdivided for an urban use where such a use has been identified as being appropriate in the long term, |
| (c) | ensure the development does not create unreasonable demands, in the present or in the future, for provision or extension of public amenities infrastructure, |
| (d) | prevent the establishment of traffic generating development along main and arterial roads, and |
| (e) | ensure that development maintains the rural character of the locality and to minimise disturbance to the landscape through clearing, earthworks and access roads. |
| Zone No 1 (d) | (Rural “D” (Consol idated Land Holdings)) |
The objectives of this zone are to:
| (a) | prohibit further subdivision of certain rural land otherwise than to effect a minor boundary adjustment, |
| (b) | permit only those uses which are compatible with the amenity of rural areas and ancillary to development in the locality, |
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| (c) | ensure that development within rural areas does not generate an unreasonable demand for public services, and |
| (d) | maintain the rural character and scenic landscape qualities of land in river corridors and on escarpments. |
| Zone No 2 (a) | (Residential “A”) |
The objectives of this zone are to:
| (a) | provide for housing and associated facilities in locations of high amenity and accessibility, |
| (b) | 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, and |
| (c) | ensure that development does not create unreasonable demands, in the present or in the future, for provision or extension of public amenities or services. |
Zone No 2 (a1) (Residential “A1”)
The objectives of this zone are to:
| (a) | provide for low density housing and associated facilities in locations of high amenity and accessibility, |
| (b) | 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, |
| (c) | ensure that development does not create unreasonable demands, in the present or in the future, for provision or extension of public amenities or services, and |
| (d) | control subdivision so that the provision for water supply and sewerage disposal on each resultant lot is satisfactory to the Council. |
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| Zone No 2 (c) | (Residential “C”) |
The objectives of this zone are to:
| (a) | facilitate the development of residential flat buildings Class C, |
| (b) | enable development for purposes other than residential only if it is compatible with the character of the locality and has a domestic scale and character, and |
| (c) | ensure that development does not create unreasonable demands, in the present or in the future, for provision or extension of public amenities or services. |
| Zone No 3 (a) | (Business General) |
The objectives of this zone are to:
| (a) | promote the development and expansion of business activities to meet the optimum employment and social needs of the City of Hawkesbury, |
| (b) | permit non-commercial development within the zone where such development is compatible with the commercial character of the locality, |
| (c) | ensure that there is adequate provision for car parking facilities within the zone, |
| (d) | minimise conflicts between pedestrians and vehicular movement systems within the zone, and |
| (e) | preserve the historic character of the City of Hawkesbury by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts. |
| Zone No 3 (b) | (Business Special) |
The objectives of this zone are to:
| (a) | promote office development to meet the optimum employment and social needs of the City of Hawkesbury, |
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| (b) | permit non-commercial development within the zone where such development is compatible with the commercial character of the locality, |
| (c) | ensure that there is adequate provision for car parking facilities within the zone, |
| (d) | minimise conflicts between pedestrians and vehicular movement systems within the zone, and |
| (e) | preserve the historic character of the City of Hawkesbury by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts. |
| Zone No 4 (a) | (Industry General) |
The objectives of this zone are to:
| (a) | set aside certain land for the purposes of general industry within convenient distances of the urban centres of the City of Hawkesbury, | |||||
| (b) | allow commercial and retail development involving: | |||||
| ||||||
| (c) | ensure that industrial development creates areas which are pleasant to work in and safe and efficient in terms of transportation, land utilisation and services distribution. |
| Zone No 4 (b) | (Industry Light) |
The objectives of this zone are to:
| (a) | set aside certain land for development for the purpose of light industry within convenient distances of the urban centres of the City of Hawkesbury, |
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| (b) | to allow commercial and retail development involving: | |||||
| ||||||
| (c) | ensure that industrial development creates areas which are pleasant to work in and safe and efficient in terms of transportation, land utilisation and services distribution. |
| Zone No 5 (a) | (Special Uses “A”) |
The objectives of this zone are to:
| (a) | recognise existing public and private land uses and to enable their continued operation, growth and expansion to accommodate associated, ancillary or otherwise related uses, |
| (b) | set aside certain land (being land that the Council or another public authority proposes to acquire) for a variety of purposes, as indicated on the map, for which development is to be carried out by the Council or other public authority, and |
| (c) | restrict development on land which will be required for future community facilities. |
| Zone No 5 (b) | (Special Uses (Railways)) |
The objectives of this zone are to:
| (a) | recognise existing railway land and to enable future development for railway and associated purposes, and |
| (b) | prohibit advertising structures and hoardings on railway land. |
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| Zone No 6 (a) | (Open Space (Existing Recreation)) |
The objectives of this zone are to:
| (a) | identify existing publicly owned land that is used or is capable of being used for active or passive recreational purposes, |
| (b) | encourage the development of public open space in a manner which maximises the satisfaction of the community’s diverse recreational needs, |
| (c) | enable development associated with, ancillary to or supportive of public recreational use, and |
| (d) | encourage the development of open spaces as major urban landscape elements. |
| Zone No 6 (b) | (Open Space (Proposed Recreation)) |
The objectives of this zone are to:
| (a) | identify land which is suitable for future public recreational use and which can be brought into public ownership generally as a consequence of development contributions from residential development, |
| (b) | provide additional land to meet the objectives specified in respect of land within Zone No 6 (a), |
| (c) | ensure that there is provision for adequate open space areas to meet the needs of all residents and provide opportunities to enhance the total environment quality of the City of Hawkesbury, |
| (d) | set aside certain land (being land that the Council proposes to acquire) for the purposes of active and passive recreation, and |
| (e) | restrict development on land which will be required for future open space purposes. |
| Zone No 6 (c) | (Open Space (Private Recreation)) |
The objectives of this zone are to identify and set aside certain private land where private recreational activities are and may be developed.
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| Zone No 7 (a) | (Environmental Protection (Wetlands)) |
The objectives of this zone are to:
| (a) | protect wetland areas from development that could adversely affect their preservation and conservation, and |
| (b) | preserve wetland areas as habitats for indigenous and migratory wildlife. |
| Zone No 7 (d) | (Environmental Protection (Scenic)) |
The objectives of this zone are to:
| (a) | preserve the existing wooded ridges and escarpments, |
| (b) | protect hilltops, ridgelines, river valleys 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) | prevent the establishment of traffic generating development along main and arterial roads, |
| (d) | control outdoor advertising so that it does not disfigure the rural landscape, |
| (e) | protect the low density, broad-acre character of the rural areas, and |
| (f) | protect orcharding in the Bilpin area. |
Zone No 7 (d1) (Environmental Protection (Scenic))
The objectives of this zone are to:
| (a) | preserve the river valley systems, scenic corridors, environmentally sensitive areas and other local features of scenic attraction, |
| (b) | protect hilltops, ridgelines, river valleys 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, |
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| (c) | ensure that development does not create unreasonable or economic demands, or both, for provision or extension of public amenities or services, |
| (d) | prevent the establishment of traffic generating development along main and arterial roads, and |
| (e) | control outdoor advertising so that it does not disfigure the rural landscape. |
| Zone No 7 (e) | (Environmental Protection (Consolidated Land Holdings)) |
The objectives of this zone are to:
| (a) | prohibit further subdivision of the land within the zone that may lead to intensified use of that land, |
| (b) | preserve areas of significant vegetation stands, |
| (c) | protect varieties of wildlife and their associated habitats and corridors, |
| (d) | retain the visual and scenic qualities of escarpment ridges and foot slopes, |
| (e) | ensure that development and land management practices do not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as streams and wetlands, |
| (f) | ensure that existing and future land uses and land management practices do not lead to a diminution in the environmental values of the land, and |
| (g) | permit only minimal development to ensure that the environmental value of the land is not compromised. |
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| Zone No 8 (a) | (Nature Reserves) |
The objectives of this zone are to identify, preserve and manage national parks and nature reserves for conservation and recreational purposes and to provide for their continued management under the National Parks and Wildlife Act 1974.
| Zone No 9 (b) | (Proposed Road) |
The objective of this zone is to set aside land (being land that the Council or another public authority proposes to acquire) for various proposed roads.
| 9B | Complying development certificate conditions |
A complying development certificate must include the conditions specified in the development control plan titled “Exempt and Complying Development” (as adopted by the
Council when the certificate is issued) that are applicable to the particular type of development for which the certificate is sought.
[7] Clause 10
Omit clause 10 (1). Insert instead:
| (1) | Land to which this plan applies may be subdivided, but only with development consent. |
[8] Clause 37
Omit clause 37. Insert instead:
37 Land affected by aircraft noise
(1) The Council must not grant consent to the carrying out of development on land within a 20 or higher ANEF contour for the purpose of a hospital, school, child care centre or for a residential purpose, unless the Council has taken into consideration the guidelines provided in AS2021 regarding noise reduction and construction requirements.
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| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
(2) In this clause:
ANEF means the Australian Noise Exposure Forecast within
the meaning of AS2021.
AS2021 means the Australian Standard AS2021–1994
(Acoustics—Aircraft noise intrusion—Building siting and
construction) published on 21 February 1994
20 or higher ANEF contour means a noise exposure contour
of 20 or higher ANEF as advertised by the Commonwealth
Department of Defence (Air Office) in relation to Richmond
RAAF Base.
[9] Clause 46
Insert after clause 45:
46 Erection of dwellings in industrial zones
Notwithstanding any other provisions in this plan, the Council may consent to the erection of a dwelling on land within Zone No 4 (a) or (b) which is to be used in conjunction with an industrial use of the land.
[10] Schedule 1
Insert in Schedule 1 in order of the street number in Item 2 (“Windsor”) in the matter relating George Street, the following:
No 308, Lot A DP 159779. (516) No 310, Lot B DP 159779. (517)
[11] Schedule 1
Insert in Schedule 1 in order of the street number in Item 10 (“Kurrajong”), in the matter relating to Grose Vale Road, the following matter:
“Curraweena”, No 1027, Lot B DP 416222. (515)
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[12] Schedule 6
Insert after Schedule 5:
|
(1) Development listed in the Table to this Schedule is exempt development except as provided by subclauses (2) and (3).
| (2) | Development is exempt development only if: | |||||||||||
| ||||||||||||
| (3) | Development is not exempt development if it is carried out on land that: | |||||||||||
|
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| (d) | is land identified as in an environmental planning instrument as a wetland or is within 20 metres of land so identified as a wetland, or |
| (e) | is an aquatic reserve under the Fisheries Management Act 1994, or |
| (f) | is a site of a heritage item or is in a conservation area, or |
| (g) | is prohibited development under this plan or any other environmental planning instrument. |
Table
| The erection and use or | Requirements | ||||
| carrying out of the following: | |||||
| Access ramps for the disabled |
|
General requirements for
access—New building work)
| Aerials/ Antennae/ Microwave | • | Maximum height above roof of 6m |
| antennae | • | Domestic use only |
| Air conditioning units for | Noise levels from any units are not to | ||||||
| dwellings (attached to external | exceed 5dBA above background levels | ||||||
| wall or ground mounted) | measured at the nearest residential boundary at any time | ||||||
| Awnings, shade canopies and |
| ||||||
| storm blinds on single dwellings |
| ||||||
| Bed and Breakfast |
|
| Accommodation | existing dwelling |
| • | Compliance with BCA for Class 1b building |
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| The erection and use or | Requirements | ||
| carrying out of the following: | |||
| Bird Aviaries and Domestic Pet |
|
| Enclosures (excluding poultry) | aggregate) |
| • | Maximum height 1.8m above ground level |
| • | Domestic use only |
| • | Rear yard only |
| Cabanas/ Gazebos, Barbeques, | • | Maximum area 9m2 |
| Greenhouses | • | Maximum height 2.4m above ground level |
| • | Non-reflective materials | |
| • | Located minimum 900mm from adjoining allotment boundaries | |
| • | To be located behind principal building |
| Carnivals | No more than 4 events per calendar year | ||||
| Clothes Hoist/ Lines |
| ||||
| Cubby Houses and Playground |
|
| Equipment | ground level |
| • | Maximum area 9m2 |
| • | Setback minimum 900mm |
| Decks attached to detached | • | Maximum area 9m2 |
| single dwellings (does not | • | Finished surface level not greater |
| include decking associated with | than 1m above existing ground level | |
| swimming pools) | • | Maintain existing side boundary setbacks |
| Demolition of any structure: | Carried out in accordance with |
| (a) | the erection of which would | AS2601–1991 (The demolition of |
| be exempt development | structures) | |
| under this plan, or a temporary building the erection of which would be complying development under this plan, and | ||
| (b) | covering an area of not more than 25 square metres |
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| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
| The erection and use or | Requirements | ||||||||||
| carrying out of the following: | |||||||||||
| Dog Kennels or Dog Runs |
| ||||||||||
| Fences (other than fences |
|
| required by the Swimming Pools | ground level |
| Act 1992): | • | Maximum height 1000mm (other |
| • | Boundary Fences (behind | than masonry or brick) |
| building line) | • | New materials only |
| • | Fences (not behind building line) |
| Flagpoles in Commercial or | • | Maximum height 9m above ground |
| Industrial zones | level | |
| • | 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 | • | Water storage area no greater than |
| Dials, Bird Baths, Wishing | 300mm deep | |
| Wells and the like | • | Not exceeding 1.5m high above ground level |
| Garden Sheds | • | Maximum floor area of a shed or sheds in total 9m2 |
| • | Maximum height 2.1m above ground level | |
| • | Non-reflective materials | |
| • | Rear yard only | |
| • | Installed to manufacturer’s specifications/ engineering design | |
| Gate Structures and Supporting | • | Maximum 1.8m high above ground |
| Wing Walls | level | |
| • | Maximum length 10m overall | |
| • | Wholly within property boundary |
| Home Occupation | No customers will visit the site |
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Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
| The erection and use or | Requirements | ||
| carrying out of the following: | |||
| Internal Renovations—All |
|
| buildings excluding shop fit outs | • | replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials |
| • | renovations of bathrooms, kitchens, inclusion of built-in fixtures such as vanities, cupboards and wardrobes |
| • | Alterations or renovations to previously completed building only |
| • | configuration of rooms whether by |
Does not include changes to the 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 |
| Letter Boxes | • | Located within property boundary |
| • | Heights and sizes to comply with Australian Post standards | |
| Lighting (external) not including tennis courts, sportsgrounds and greenhouses | ||
| Open Pergolas (attached to | • | Maximum area 9m2 (total |
| dwelling or free standing, | aggregate) | |
| unroofed structures only) | • | Maximum height 2.4m above ground level |
| • | Maintain required boundary setbacks | |
| • | Located behind front boundary setback |
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
| The erection and use or | Requirements | |||||
| carrying out of the following: | ||||||
| Place and use waste storage |
| |||||
| container in a public place |
|
Removed no later than fourteen days container in the public place
| • | Supplier of the waste container to ensure a minimum of $10 million public liability/ risk insurance cover |
| for the placement of the waste container | |
| • |
Container to be of light colour with proprietor clearly displayed
| Installation of portable gas | Maximum of 2 bottles | ||||
| bottles for domestic purposes | |||||
| Re-cladding of roofs or walls |
| ||||
| Erection and use of Real Estate |
| ||||
| Sales Sign (other than in |
| ||||
| industrial or commercial |
|
| zones)—(limited to a flush wall | on, or above any public place |
| sign, pole or pylon sign) | • | Maximum height of 2m above ground level |
| • | Not directly illuminated by either an external or internal light source | |
| • | Signs removed within 7 days of settlement | |
| Erection and use of Real Estate | • | One sign per street or road frontage |
| Sales Sign (commercial and | • | Maximum sign area 4m2 |
| industrial zones)—(limited to a | • | Maximum height of 3m above |
| flush wall sign, pole or pylon | finished ground level | |
| sign) | • | Signs removed within 7 days of settlement |
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
| The erection and use or | Requirements | ||||||
| carrying out of the following: | |||||||
| Retaining Walls |
|
| • | AS 3700–1998—Masonry structures |
| • | AS 3600–1994—Concrete structures |
| • | AS 1170.1–1989, AS 1170.2–1989 and AS 1170.4 –1993 (known as the SAA |
Loading Code)
| • | Timber walls to comply with: | |||||||
| ||||||||
| • |
Constructed so that it does not stormwater drainage or run-off
| Satellite Dishes—Roof mounted | • | Maximum diameter 1m |
| • | Maximum height not to exceed highest point of roof | |
| • | Not visible from the street frontage | |
| Satellite Dishes—Ground | • | Maximum height 2.4m above |
| mounted | ground level | |
| • | Not visible from the street frontage | |
| • | Colour to match existing roof colour |
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
| The erection and use or | Requirements | |||
| carrying out of the following: | ||||
| Skylight Roof Windows |
|
Located not less than 900mm from 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 |
| advance traffic warning signals | accordance with relevant Australian Standards | |
| Timber or Lattice Screen Fences | • | Maximum height 1.8m above ground level |
| • | Minimum 500mm off side boundary | |
| • | Located behind front boundary setback | |
| Water Heaters (excluding solar | • | Installed to manufacturer’s |
| systems) | specifications or requirements | |
| • | Installed by licenced person | |
| • | Work does not reduce structural integrity of the building or involve structural alterations | |
| • | Openings created are water proofed | |
| Water Tanks in rural zones | • | Not exceeding 60,000 litres |
| • | No closer than 6m to adjoining boundary and buildings | |
| • | Maximum height 2.4m above ground level | |
| Water Tanks in residential areas | • | Not exceeding 2,000 litres capacity |
| • | Maximum height 1.8m above ground level and 1.5m diameter | |
| • | Rear yard only | |
| • | Located 900mm from boundary | |
| • | Overflow discharges away from subject property |
| Windows, Glazing, External | Non-structural alterations or replacements |
| Doors and Security Grills |
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
| Schedule 7 Complying development | (Clause 9) |
| (1) | Development listed in the Table to this Schedule is complying development, except as provided by subclauses (2) and (3). | |||||||||||||
| (2) | Development is complying development only if: | |||||||||||||
| ||||||||||||||
| (3) | Development is not complying development if it is carried out on land that is: | |||||||||||||
|
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Amendment of Hawkesbury Local Environmental Plan 1989 | Schedule 1 |
| (h) | lower than 1.2 metres below the 1-in-100 year flood frequency, identified as a contaminated site on the Council’s register, identified as being subject to landslip on the Council’s register, on land containing potential acid sulphate soils of Class 1, 2 or 3 as indicated on the maps produced by the Department of Land and Water Conservation or in an area identified as having a moderate or high bushfire hazard risk on the Council’s register, or |
(i) identified as a riverine scenic area or conservation area sub-catchment under Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2–1997), or
| (j) | prohibited development under this plan. |
Table
| The erection and use or | Criteria | ||||||||||
| carrying out of the following: | |||||||||||
| Single Storey Dwellings |
| ||||||||||
| Single Storey Dwelling | As for single storey dwelling | ||||||||||
| additions or alterations | |||||||||||
| Covered Decks |
| ||||||||||
| Roofed Pergolas |
|
2001 No 240
Hawkesbury Local Environmental Plan 1989 (Amendment No 110)
| Schedule 1 | Amendment of Hawkesbury Local Environmental Plan 1989 |
| The erection and use or | Criteria | ||||||||
| carrying out of the following: | |||||||||
| Carports |
| ||||||||
| Garages |
| ||||||||
| Screen Enclosures |
| ||||||||
| Industrial Buildings |
| ||||||||
| Industrial Additions |
| ||||||||
| Boundary Adjustments |
| ||||||||
| Shop Fit Outs |
| ||||||||
| Swimming Pools |
| ||||||||
| Advertisements |
| ||||||||
| Retaining Walls |
|
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