Kyogle Local Environmental Plan No 18 (2011-389) LW 29 July 2011 (NSW)

Case
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2011 No 389

New South Wales

Kyogle Local Environmental Plan

No 18

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (09/03328)

TOM GELLIBRAND

As delegate for the Minister for Planning and Infrastructure

Published LW 29 July 2011

Page 1

2011 No 389

Clause 1

Kyogle Local Environmental Plan No 18

Kyogle Local Environmental Plan No 18

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Kyogle Local Environmental Plan No 18.

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to certain land to which Interim Development Order No 1—Shire of Kyogle and Interim Development Order No 1—Shire of Terania apply.

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Schedule 1

Schedule 1

Amendment of Interim Development

Order No 1—Shire of Kyogle

[1]      Clause 2

Insert in alphabetical order in clause 2 (1):

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition that is:

(a)

the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)

a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

Archaeological site Excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.

means a place that contains one or more or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

relics.

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Heritage conservation area means an area of land of heritage significance:

(a)

shown on the Heritage Map as a heritage conservation area, and

(b)

the location and nature of which is described in Schedule 2,

and includes any heritage items situated on or within that area.

Heritage conservation management plan means a document

prepared in accordance with guidelines prepared by the

Department of Planning and Infrastructure that documents the

heritage significance of an item, place or heritage conservation

area and identifies conservation policies and management

mechanisms that are appropriate to enable that significance to be

retained.

Heritage impact statement means a document consisting of:

(a)

a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and

(b)

an assessment of the impact that proposed development will have on that significance, and

(c)

proposals for measures to minimise that impact.

Heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 2.

Note. Heritage items may be shown on the Heritage Map. An inventory of heritage items is also available at the office of the Council.

Heritage management document means:

(a)

a heritage conservation management plan, or

(b)

a heritage impact statement, or

(c)

any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Heritage Map means the map marked “Kyogle Heritage Map” deposited in the office of the Council, as amended by the maps (or the specified sheets of maps) marked as follows:

Heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. Maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the

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removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

Nominated State heritage item means a heritage item that:

(a)

has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

(b)

the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

Relic has the same meaning as in the Heritage Act 1977.

Note. The term is defined as follows:

relic means any deposit, artefact, object or material evidence that:

(a)

relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)

is of State or local heritage significance.

Tooloom Goldfields Map means the map marked “Tooloom Goldfields Map” deposited in the office of the Council, as amended by the maps (or the specified sheets of maps) marked as follows:

[2]      Clauses 2AA and 2AB

Insert before clause 2A:

2AA

Notes

Notes in this Order are provided for guidance and do not form part of this Order.

2AB

Consent authority

The consent authority for the purposes of this Order is (subject to the Environmental Planning and Assessment Act 1979) the Council.

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Amendment of Interim Development Order No 1—Shire of Kyogle

[3]      Clause 33

Insert after clause 32:

33

Heritage conservation

Note.

Heritage items (if any) are listed and described in Schedule 2. heritage significance may be described in Schedule 2.

(1)

Objectives

The objectives of this clause are as follows:

(a)

to conserve the environmental heritage of Kyogle,

(b)

to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)

to conserve archaeological sites,

(d)

to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Requirement for consent

Development consent is required for any of the following:

(a)

demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i)      a heritage item,

(ii)      an Aboriginal object,

(iii)      a building, work, relic or tree within a heritage conservation area,

(b)

altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 2 in relation to the item,

(c)

disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d)

disturbing or excavating an Aboriginal place of heritage significance,

(e)

erecting a building on land:

(i)

on which a heritage item is located or that is within a heritage conservation area, or

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Schedule 1

(ii)      on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)

subdividing land:

(i)

on which a heritage item is located or that is within a heritage conservation area, or

(ii)

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

When consent not required

However, development consent under this clause is not required

if:

(a)

the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i)      is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii)      would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b)

the development is in a cemetery or burial ground and the proposed development:

(i)

is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)

would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c)

the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)

the development is exempt development.

(4)

Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area,

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Amendment of Interim Development Order No 1—Shire of Kyogle

consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

Heritage assessment

The consent authority may, before granting consent to any development:

(a)

on land on which a heritage item is located, or

(b)

on land that is within a heritage conservation area, or

(c)

on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6)

Heritage conservation management plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)

notify the Heritage Council of its intention to grant consent, and

(b)

take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

Aboriginal places of heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a)

consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment

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Schedule 1

(which may involve consideration of a heritage impact

statement), and

(b)

notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a)

notify the Heritage Council about the application, and

(b)

take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Order, if the consent authority is satisfied that:

(a)

the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b)

the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c)

the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d)

the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e)

the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

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Amendment of Interim Development Order No 1—Shire of Kyogle

[4]      Schedule 2

Insert after Schedule 1:

Schedule 2

Environmental heritage

(Clauses 2 and 33)

Part 1

Heritage items

Locality

Item name

Address

Property

Significance Item

description

no

Bonalbo

St Andrew’s

10 Bonalbo

Lot 2,

Local

I368

Presbyterian

Street

Section 6,

Church

DP 6063

Bonalbo

St Patrick’s

23–25 Capen

Lot 1,

Local

I004

Catholic

Street

DP 327600

Church

Bonalbo

Bonalbo

Clarence Way Lot 7015,

Local

I371

Cemetery

DP 1000923

Bonalbo

Bonalbo

Clarence Way Lots 47, 129,

Local

I202

Showground

130 and 158,

DP 751077

Bonalbo

Pine trees

Clarence Way Road reserve

Local

I369

Bonalbo

Bonalbo and

4 Koreelah

Lot 2,

Local

I171

District

Street

DP 835779

Community

Hall

Bonalbo

Butter factory

1 Sandilands

Lots 220 and

Local

I002

(former)

Street

221,

DP 855348

Bonalbo

CBC Bank

11–15

Lot 1,

Local

I009

(former)

Sandilands

Section 8,

Street

DP 6063

Bonalbo

Hardware store 25 Sandilands

Lot 13,

Local

I011

Street

DP 319387

Bonalbo

Bank of NSW

26–30

Lot 1,

Local

I010

(former)

Sandilands

DP 17478

Street

Bonalbo

Foodworks

27 Sandilands

Lot 12,

Local

I008

store

Street

DP 319387

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Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality

Item name

Address

Property

Significance Item

description

no

Bonalbo

Blacksmith’s

39 Sandilands

Lot 1,

Local

I012

shop (former)

Street

DP 590423

Bonalbo

Patrick

Woodenbong

Lot 1,

Local

I203

McNamee

Road

DP 835779

Anzac

Memorial Park

Bonalbo

Masonic Lodge

73

Lot 5,

Local

I001

(former)

Woodenbong

Section A,

Road

DP 10036

Cougal

Gradys Creek

Gradys Creek

Local

I160

Railway

(near the

Bridge No 5

railway loop)

Cougal

Settlement

Gradys Creek

Lot 16,

Local

I165

(former)

Road

DP 264312;

Lot A,

DP 388477;

Lot 51,

DP 620068

Cougal

Lions Road

Lions Road

Local

I162

Cougal

The Border

Lions Road,

State

I163

railway loop

Richmond

Gap

Doubtful

Dyraaba Hall

1856

Lot 357,

Local

I372

Creek

Sextonville

DP 755732

Road

Doubtful

St Faith’s

1876

Lot 4,

Local

I153

Creek

Anglican

Sextonville

Section 1,

Church

Road

DP 13825

Dyraaba

Dyraaba

755 Dyraaba

Lot 9,

Local

I156

Station

Road

DP 1152135

homestead

complex

Ettrick

Residence

39 Pines Road Lot 1,

Local

I157

DP 610679

Green Pigeon

Community

705 Green

Lot 185,

Local

I365

centre

Pigeon Road

DP 755707

Kilgra

Wyangerie

124

Lot 2,

Local

I188

homestead

Homestead

DP 701764

Road

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Schedule 1

Amendment of Interim Development Order No 1—Shire of Kyogle

Locality

Item name

Address

Property

Significance Item

description

no

Kilgra

Bundock

Summerland

Road reserve Local

I169

plaque

Way and

Homestead

Road

Kyogle

Kyogle

31 Bundock

Lot 64,

Local

I044

Homestead

Lane

DP 12117

remains

Kyogle

Norco factory

1–3 Chauvel

Lots 1 and 2,

Local

I061

group of

Street

DP 1027750;

buildings

Lot 2,

DP 1067947

Kyogle

Railway

Ettrick Street Lot 12,

Local

I159

Station group

DP 1095432;

of buildings

Lot 1,

DP 181905

Kyogle

Roxy Theatre

7 Geneva

Lot 255,

Local

I035

(former)

Street

DP 4517

Kyogle

Ambulance

8 Geneva

Lot 248,

Local

I401

station

Street

DP 4517

(former)

Kyogle

Court house

Groom and

Lot 1,

Local

I033

Geneva

DP 812650

Streets

Kyogle

Kyogle

Groom Street

Lot 129,

Local

I034

Primary

and Rous

DP 755734

School, and

Road

listed plantings

Kyogle

St Andrew’s

54–56 Groom

Lot 1,

Local

I041

Presbyterian

Street

DP 328356

Church

Kyogle

Presbyterian

58 Groom

Lot 13,

Local

I051

Church Hall

Street

DP 9839

Kyogle

Police station

64–66 Groom

Lot 2,

Local

I374

Street

DP 812650

Kyogle

Water filtration

1 Plant Street

Lot 1,

Local

I027

plant

DP 1067865

Kyogle

Residence

19 Rous

Lot 157,

Local

I040

Street

DP 755734

Kyogle

Kyogle

Runnymede

Lot 7001,

Local

I053

Cemetery

Road

DP 96777

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Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality

Item name

Address

Property

Significance Item

description

no

Kyogle

Kyogle

1 Stratheden

Lots 282 and

Local

I050

Council

Street

283, DP 4517

Chambers

Kyogle

Masonic Lodge 12 Stratheden

Lot 101,

Local

I052

Street

DP 781824

Kyogle

Clock tower

Summerland

Road reserve Local

I403

Way

Kyogle

Kyogle

Summerland

Lot 753,

Local

I174

Croquet Club

Way

DP 1104367

Kyogle

Shops

37–39

Lots 4 and 5,

Local

I065

Summerland

DP 260777

Way

Kyogle

Shops

41–47

Lots 6–9,

Local

I066

Summerland

DP 260777

Way

Kyogle

Samios

55–57

Lot B,

Local

I067

Building

Summerland

DP 332801

Way

Kyogle

McManus

56–60

Lot B,

Local

I393

Building

Summerland

DP 373042

(former)

Way

Kyogle

Shops

59–61

Lot 2,

Local

I068

Summerland

DP 721805

Way

Kyogle

Bank of

62–66

Lot 11,

Local

I084

Australasia

Summerland

DP 1064731

(former)

Way

Kyogle

Exchange

63–65

Lot 2,

Local

I069

Hotel

Summerland

DP 327761

Way

Kyogle

CBA Bank

68

Lot 10,

Local

I085

(former)

Summerland

DP 871210

Way

Kyogle

Shirley’s Store

69–71

Lot 1,

Local

I070

(former)

Summerland

DP 783834

Way

Kyogle

Shops

72–76

Lot B,

Local

I086

Summerland

DP 180227

Way

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 1

Amendment of Interim Development Order No 1—Shire of Kyogle

Locality

Item name

Address

Property

Significance Item

description

no

Kyogle

Shops

79

Lot 22,

Local

I071

Summerland

DP 805397

Way

Kyogle

Fairymount

81–85

Lot 12,

Local

I072

Cafe (former)

Summerland

DP 783829

Way

Kyogle

Campbell’s

82–88

Lot 1,

Local

I391

Building

Summerland

DP 301322;

Way

Lot 3,

DP 783902

Kyogle

Birkbeck’s

87

Lot 12,

Local

I073

Menswear

Summerland

DP 783829

store

Way

Kyogle

Shops

89–91

Lots A and B,

Local

I074

Summerland

DP 389317

Way

Kyogle

Shops

93–95

Lot 1,

Local

I075

Summerland

DP 108238

Way

Kyogle

Rural Bank

94–100

Lot 61,

Local

I087

(former)

Summerland

DP 783909

Way

Kyogle

Commercial

97–101

Lot 1,

Local

I076

Hotel

Summerland

DP 108238

Way

Kyogle

National Bank 102

Lot 1,

Local

I088

Summerland

DP 191996

Way

Kyogle

Shops

103–105

Lot 1,

Local

I398

Summerland

DP 108444

Way

Kyogle

Boden’s

107

Lot B,

Local

I077

building

Summerland

DP 303016

(former)

Way

Kyogle

Chemist shop

109

Lot A,

Local

I078

Summerland

DP 302393

Way

Kyogle

Commonwealth

114–116

Lot B,

Local

I089

Bank

Summerland

DP 303638

Way

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Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality

Item name

Address

Property

Significance Item

description

no

Kyogle

Junor’s Store

115

Lot 1,

Local

I079

(former)

Summerland

DP 347576

Way

Kyogle

Shops

118–120

Lot 1,

Local

I090

Summerland

DP 657255

Way

Kyogle

Shops

121–125

Lot 1,

Local

I080

Summerland

DP 393777;

Way

Lots A and B,

DP 394481

Kyogle

Kyogle

133

Lot 19,

Local

I081

Memorial

Summerland

DP 783828

Institute

Way

building and

carbon-arc

movie

projectors

within the

building

Kyogle

Bank of NSW

136

Lot 2,

Local

I092

(former)

Summerland

DP 508115

Way

Kyogle

Queensland

138–140

Lot A,

Local

I093

National Bank

Summerland

DP 403007

(former)

Way

Kyogle

Offices

143–147

Lot 21,

Local

I397

Summerland

DP 783901

Way

Kyogle

Doctor’s

144

Lot 2,

Local

I095

surgery

Summerland

DP 735743

(former)

Way

Kyogle

Post office

149

Lot 1,

Local

I082

Summerland

DP 776479

Way

Kyogle

Kyogle

176

Lot 1,

Local

I054

Citizens Band

Summerland

DP 532420

Hall

Way

Kyogle

Kyogle Private

181

Lot 33,

Local

I056

Hospital

Summerland

DP 781774

(former)

Way

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Kyogle Local Environmental Plan No 18

Schedule 1

Amendment of Interim Development Order No 1—Shire of Kyogle

Locality

Item name

Address

Property

Significance Item

description

no

Kyogle

Greenwood

433

Lot 11,

Local

I190

building and

Summerland

DP 1035629

landscape

Way

Kyogle

Trees

13171

Lot 6,

Local

I176

(Derridale)

Summerland

DP 623399

Way

Kyogle

Kyogle

10 Wiangarie

Lot 1,

Local

I062

Historical

Street

DP 781677

Museum

Mallanganee

Trees (Carey

Bonalbo

Road reserve Local

I178

Johnson

Street

Memorial

Avenue)

Mallanganee Memorial Hall 5–7 Bonalbo

Lot 52,

Local

I101

Street

DP 752395

Mallanganee

Pie shop

4 Pine Street

Lot A,

Local

I102

DP 399099

Mallanganee

Service station

18–22

Lot 1,

Local

I106

complex

Sandilands

DP 204959;

Street

Lot 21,

DP 711890;

Lot 4,

Section 1,

DP 758639

Mallanganee Cafe (former) 44 Sandilands

Lot A,

Local

I107

Street

DP 392198

Mallanganee

Memorial Park

53 Sandilands

Lot A,

Local

I105

gateway

Street

DP 367971

Mallanganee

General store

60–62

Lot 1,

Local

I109

and post office

Sandilands

Section 4,

Street

DP 123614;

Lot 111,

DP 47440

Mallanganee

Butcher’s shop

63 Sandilands

Lot 3,

Local

I381

(former)

Street

DP 6547

Mallanganee Bank (former) 64 Sandilands

Lot 10,

Local

I108

Street

DP 304994

Mallanganee

Barber shop

72 Sandilands

Lot 12,

Local

I104

(former)

Street

DP 312249

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Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality

Item name

Address

Property

Significance Item

description

no

Mallanganee

School

38–52

Lot 70,

Local

I111

Tooloom

DP 752395

Street

Mallanganee

Our Lady of

57 Tooloom

Lot 2,

Local

I114

Perpetual

Street

Section 3,

Succour

DP 758639

Catholic Church

Mallanganee Convent

59 Tooloom

Lot 3,

Local

I113

(former)

Street

Section 3,

DP 758639

Mallanganee

Catholic school

62 Tooloom

Lot 100,

Local

I112

(former)

Street

DP 752395

Mallanganee

Finger Board

Old Lawrence

Local

I378

South

building

Road

Mallanganee

Survey tree

969 Old

Local

I380

South

Lawrence

Road

Mummulgum Catholic

8

Lot 97,

Local

I117

church

Bingebeebra

DP 755723

(former)

Road

Mummulgum St Mary’s

5825 Bruxner

Lot 101,

Local

I116

Anglican

Highway

DP 755723

Church

New Park

Alcorn Park

Summerland

Lot 756,

Local

I173

Way

DP 1104367

New Park

Alcorn Park

Summerland

Lot 756,

Local

I023

band rotunda

Way

DP 1104367

New Park

Showground

43

Lot 118,

Local

I057

and grandstand

Summerland

DP 44795

Way

Old Bonalbo

Pioneer Park

Clarence Way Road reserve Local

I405

Old Bonalbo Store (former) 15242

Lot A,

Local

I015

Clarence Way

DP 365820

Old Bonalbo

Post office and

Duck Creek

Lot 2,

Local

I019

general store

Road

DP 167973

Old Bonalbo

Old Bonalbo

8 Duck Creek

Lot 3,

Local

I014

Community

Road

DP 166762

Hall

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 1

Amendment of Interim Development Order No 1—Shire of Kyogle

Locality

Item name

Address

Property

Significance Item

description

no

Old Bonalbo

Bean Creek

Falls Road

Lot 7012,

Local

I399

Falls

DP 1108188; Lots 2 and 3, DP 543736

Old Bonalbo

MJI Motor

2 Prince

Lot 1,

Local

I017

Cycle Garage

Street

DP 613972

Old Bonalbo

Old Bonalbo

Remembrance

Lot 7014,

Local

I375

Cemetery

Drive

DP 96676

Old Grevillia Moore Park

Findon Creek

Lot 1,

Local

I193

nature reserve

Road

DP 180655

Paddys Flat

Bridge (over

Paddys Flat

Road reserve Local

I395

Tooloom

Road

Creek)

Pagans Flat

Minneys Creek

Clarence Way Road reserve Local

I394

bridge

Richmond

Border tick

Lions Road

Road reserve

Local

I166

Gap

gate

Sandilands

Mallanganee

Bruxner

Lot 7002,

Local

I182

Rodeo Ground

Highway

DP 96390

Sandilands

Sculpture

Bruxner

Reserve

Local

I184

garden

Highway

No 21418

Sandilands

Sandilands

7689 Bruxner

Lot 1,

Local

I183

Station

Highway

DP 123612

complex

Tabulam

Bridge (over

Bruxner

Road reserve State

I154

Clarence

Highway

River)

Tabulam

Chauvel Park

Clarence

Lot 5,

Local

I186

(former

Street

DP 833655

Tabulam Station)

Tabulam

St John’s

26 Clarence

Lot 5,

Local

I382

Church

Street

Section 1, DP 11813

Tabulam

Hotel

34–42

Lot 1,

Local

I383

Clarence

Section 1,

Street

DP 11813

Tabulam

Post office

12–14 Court

Lot 214,

Local

I118

Street

DP 39896

2011 No 389

Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality

Item name

Address

Property

Significance Item

description

no

Tabulam

Police station

17–19 Court

Lot 1,

Local

I373

Street

Section 2, DP 11813

Tabulam

Tabulam

Racecourse

Lot 34,

Local

I187

Racecourse

Road

DP 752397

Tabulam

Tabulam

219

Lot 7017,

Local

I376

Cemetery

Racecourse

DP 1066120

Road

The Risk

Trees (Bottle

Gradys Creek

Road reserve Local

I192

Brush Avenue)

Road

The Risk

The Risk Hall

75 Gradys

Lot 1,

Local

I362

Creek Road

DP 322341

The Risk

Water facilities Risk Road

Lot 2,

Local

I409

DP 859278

Unumgar

Dairy flat

Summerland

Lot 7013,

Local

I196

landscape

Way

DP 105600;

Lot 7004,

DP 1057677;

Lot 7300,

DP 1129206;

Lot 46,

DP 755750

Unumgar

Unumgar

4135

Part Lot 1,

Local

I194

Homestead

Summerland

DP 531985

landscape

Way

Urbenville

Showground

Clarence Way Lot 24,

Local

I200

and memorial

DP 751069

gates

Wiangaree

Wiangaree

1393

Lot 8,

Local

I150

Community

Summerland

Section 7,

Hall

Way

DP 759088

Wiangaree

St John’s

Worendo

Lot 1,

Local

I151

Anglican

Street

Section 10,

Church

DP 759088

Wiangaree

General store

60 Worendo

Lot 9,

Local

I149

Street

Section 8,

DP 759088

Woodenbong

Post office

14 Dalmorton

Lot 2,

Local

I121

(former)

Street

DP 629397

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 1

Amendment of Interim Development Order No 1—Shire of Kyogle

Locality

Item name

Address

Property

Significance Item

description

no

Woodenbong

Hardware and

17 Dalmorton

Lot 11,

Local

I134

electrical store

Street

DP 748304

Woodenbong Woodenbong

95 Hill View

Lot 7004,

Local

I199

Cemetery

Street

DP 1055062

Woodenbong Showground

1 Lindsay

Lot 7005,

Local

I197

Creek Road

DP 1055056

Woodenbong

St Margaret’s

20 Lindsay

Lot 91,

Local

I119

Anglican

Street

DP 733874

Church

Woodenbong

Masonic Lodge

41 Lindsay

Lot 4,

Local

I384

(former)

Street

Section 5,

DP 759111

Woodenbong Woodenbong

42 Lindsay

Lots 1 and 2,

Local

I146

School

Street

Section 2,

memorial gates

DP 759111

and classroom

Woodenbong

War Memorial

49 Lindsay

Lot 15,

Local

I120

Hall

Street

Section 5,

DP 759111

Woodenbong

Sacred Heart

11–13

Lot 9,

Local

I135

Catholic

MacPherson

Section 9,

Church

Street

DP 759111

Woodenbong Sketchley’s

21

Lot 5,

Local

I137

store

MacPherson

Section 9,

Street

DP 759111

Woodenbong Store (former) 24

Lot 9,

Local

I129

MacPherson

Section 4,

Street

DP 759111

Woodenbong Bakery

25

Lot 3,

Local

I122

(former)

MacPherson

Section 9,

Street

DP 759111

Woodenbong

BJs grocery

27

Lot 10,

Local

I123

store

MacPherson

DP 748304

Street

Woodenbong National

34

Lot 14,

Local

I131

Australia Bank

MacPherson

Section 4,

building

Street

DP 759111

Woodenbong CWA Rooms

36

Lot 15,

Local

I125

MacPherson

DP 662572

Street

2011 No 389

Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality

Item name

Address

Property

Significance Item

description

no

Woodenbong

M & L Quality

37

Lot 4,

Local

I124

Meats store

MacPherson

Section 8,

Street

DP 759111

Woodenbong Chemist shop

39

Lot 3,

Local

I128

MacPherson

Section 8,

Street

DP 759111

Woodenbong Offices

42

Lot 7,

Local

I126

(former)

MacPherson

Section 5,

Street

DP 759111

Woodenbong Woodenbong

43

Lot 1,

Local

I145

Hotel

MacPherson

Section 8,

Street

DP 759111

Woodenbong Recreation

Unumgar

Lot 7008,

Local

I198

ground

Street

DP 1075469

Woodenbong

Police station

1–5 Unumgar

Lot 7001,

Local

I147

Street

DP 92987

Woodenbong Woodenbong

21–23

Lot 14,

Local

I148

Public Hall

Unumgar

Section 5,

Street

DP 759111

Woodenbong

Carole’s Arts

30 Unumgar

Lot 3,

Local

I144

and Craft shop

Street

Section 6,

DP 759111

Woodenbong

Service station

34 Unumgar

Lot 51,

Local

I143

(former)

Street

DP 819346

Part 2

Heritage conservation areas

Locality

Item name

Identification on

Significance

heritage map

Kyogle

Kyogle Town

Shown by a red outline

Local

Heritage

with red hatching and

Conservation Area

labelled “C396”

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 1

Amendment of Interim Development Order No 1—Shire of Kyogle

Part 3

Archaeological sites

Locality Item name Address

Property

Significance Item

description

no

Dyraaba

Dyraaba

755 Dyraaba

Lot 2,

Local

A392

Station

Road

DP 755704

Cemetery

Green

Sawmilling

1047–1055

Lots 141, 143

Local

A155

Pigeon

complex

Green Pigeon

and 144,

(former)

Road (and

DP 257506;

adjoining

Lot 5,

reserves)

DP 625056

Kilgra

Wiangaree

Apple Tree

Lot 2,

Local

A189

Bundock

Stud,

DP 943796

Family

Summerland

Cemetery

Way

Old

Jane

15249–15297

Lot 7,

Local

A201

Bonalbo

Robertson’s

Clarence Way

DP 751077

grave

Paddys

Goldfields

As shown

Local

A164

Flat and

edged heavy

Tooloom

black, coloured

green and

labelled

“A164” on the

map marked

“Tooloom

Goldfields

Map”

Sandilands Sandilands

7689 Bruxner

Lot 1,

Local

A367

Cemeteries

Highway

DP 123612

Tabulam

Tabulam

Charles Street

Lot 7003,

Local

A377

Old

DP 1068672

Cemetery

Tooloom

Tooloom

Paddys Flat

Lot 7001,

Local

A360

Cemetery

Road

DP 1068822

Tooloom

Queen’s

Paddys Flat

Lot 2,

Local

A361

Arms Hotel

Road

DP 751080

site

2011 No 389

Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Kyogle

Schedule 1

Locality Item name Address

Property

Significance Item

description

no

Tooloom

Tooloom

Paddys Flat

Lots 1, 2, 25

Local

A185

village site

Road

and 26,

DP 751080;

Lots

7002–7004,

DP 1068822;

Lot 2,

DP 859360

Unumgar Unumgar

4135

Part Lot 1,

Local

A195

Hill Family

Summerland

DP 531985

Cemetery

Way

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 2

Amendment of Interim Development Order No 1—Shire of Terania

Schedule 2

Amendment of Interim Development

Order No 1—Shire of Terania

[1]      Clauses 2AA and 2AB

Insert before clause 2A:

2AA

Notes

Notes in this Order are provided for guidance and do not form part of this Order.

2AB

Consent authority

The consent authority for the purposes of this Order is (subject to the Environmental Planning and Assessment Act 1979) the Council.

[2]      Clause 3

Insert in alphabetical order in clause 3 (1):

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition that is:

(a)

the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)

a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

2011 No 389

Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Terania

Schedule 2

Archaeological site means a place that contains one or more

relics.

Demolish, in relation to a heritage item or an Aboriginal object,

means wholly or partly destroy, dismantle or deface the heritage

item or Aboriginal object.

Excavation means the removal of soil or rock, whether moved to

another part of the same site or to another site, but does not

include garden landscaping that does not significantly alter the

shape, natural form or drainage of the land.

Heritage conservation management plan means a document

prepared in accordance with guidelines prepared by the

Department of Planning and Infrastructure that documents the

heritage significance of an item and identifies conservation

policies and management mechanisms that are appropriate to

enable that significance to be retained.

Heritage impact statement means a document consisting of:

(a)

a statement demonstrating the heritage significance of a heritage item, and

(b)

an assessment of the impact that proposed development will have on that significance, and

(c)

proposals for measures to minimise that impact.

Heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 2.

Note. An inventory of heritage items is also available at the office of the

Council.

Heritage management document means:

(a)

a heritage conservation management plan, or

(b)

a heritage impact statement, or

(c)

any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object or Aboriginal place of heritage significance.

Heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. Maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 2

Amendment of Interim Development Order No 1—Shire of Terania

Nominated State heritage item means a heritage item that:

(a)

has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

(b)

the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

Relic has the same meaning as in the Heritage Act 1977.

Note. The term is defined as follows:

relic means any deposit, artefact, object or material evidence that:

(a)

relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)

is of State or local heritage significance.

[3]      Clause 26

Insert after clause 25:

26

Heritage conservation

Note.

Heritage items (if any) are listed and described in Schedule 2. heritage significance may be described in Schedule 2.

(1)

Objectives

The objectives of this clause are as follows:

(a)

to conserve the environmental heritage of so much of the land that was within the former Shire of Terania that is within the local government area of Kyogle,

(b)

to conserve the heritage significance of heritage items, including associated fabric, settings and views,

(c)

to conserve archaeological sites,

(d)

to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Requirement for consent

Development consent is required for any of the following:

(a)

demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

(i)      a heritage item,

(ii)      an Aboriginal object,

2011 No 389

Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Terania

Schedule 2

(b)

altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 2 in relation to the item,

(c)

disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d)

disturbing or excavating an Aboriginal place of heritage significance,

(e)

erecting a building on land:

(i)

on which a heritage item is located, or

(ii)

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)

subdividing land:

(i)

on which a heritage item is located, or

(ii)

on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

When consent not required

However, development consent under this clause is not required

if:

(a)

the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i)      is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site, and

(ii)      would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place or archaeological site, or

(b)

the development is in a cemetery or burial ground and the proposed development:

(i)

is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)

would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 2

Amendment of Interim Development Order No 1—Shire of Terania

goods, or to an Aboriginal place of heritage

significance, or

(c)

the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)

the development is exempt development.

(4)

Effect of proposed development on heritage significance

The consent authority must, before granting consent under this clause in respect of a heritage item, consider the effect of the proposed development on the heritage significance of the item concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

Heritage assessment

The consent authority may, before granting consent to any development:

(a)

on land on which a heritage item is located, or

(b)

on land that is within the vicinity of land on which a heritage item is located,

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.

(6)

Heritage conservation management plans

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)

notify the Heritage Council of its intention to grant consent, and

(b)

take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

2011 No 389

Kyogle Local Environmental Plan No 18

Amendment of Interim Development Order No 1—Shire of Terania

Schedule 2

(8)

Aboriginal places of heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

(a)

consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b)

notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

Demolition of nominated State heritage items

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

(a)

notify the Heritage Council about the application, and

(b)

take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Order, if the consent authority is satisfied that:

(a)

the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b)

the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c)

the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d)

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

2011 No 389

Kyogle Local Environmental Plan No 18

Schedule 2

Amendment of Interim Development Order No 1—Shire of Terania

setting, or the heritage significance of the Aboriginal place

of heritage significance, and

(e)

the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

[4]      Schedule 2

Insert after Schedule 1:

Schedule 2

Environmental heritage

(Clauses 3 and 26)

Locality

Item name

Address

Property

Significance Item

description

no

Cawongla Homestead

1933

Lot E,

Local

I022

Cawongla

DP 412306

Road

Cawongla Bunya pines

Kyogle Road

Opposite store

Local

I205

at 5329 Kyogle

Road

Cawongla Store

5329 Kyogle

Lot 101,

Local

I021

Road

DP 875472

Lillian

Memorial gate

Caldera Lane

Road reserve

Local

I161

Rock

Wadeville Barkers Vale

4501–4504

Lot 23,

Local

I152

School (former

Kyogle Road

DP 792111

Daystar Steiner

School)

Wadeville Hanging Rock

77 Williams

Lot 188,

Local

I404

Hall

Road

DP 728691

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