Maitland Local Environmental Plan 1993 (NSW)

Part 1General provisions1What is this plan called?

This plan is called Maitland Local Environmental Plan 1993.

2What are the objectives of this plan?

The objectives of this plan are:

(a)
To ensure the natural environment remains safe from detrimental impacts of development.
(b)
To minimise adverse environmental, social and economic impacts resulting from urban development and to encourage building designs which are aesthetic and energy efficient.
(c)
To provide appropriate land in area, location and quality for living, working and recreational activities and agricultural production.
(d)
To provide a diversity of housing available throughout the City.
(e)
To ensure the retail hierarchy of regional, district and neighbourhood shopping centres is maintained.
(f)
To encourage functional and economically viable industrial development, which does not adversely affect the environment or the amenity of nearby residents.
(g)
To provide a range of community facilities to serve the population.
(h)
To conserve and enhance buildings, structures and sites of recognised significance which are part of the heritage of the City for future generations.
(i)
To ensure an efficient and safe road network is maintained with minimum intrusion on business centres, open space and residential areas.
(j)
To provide open space and a range of recreational facilities to meet the needs of the population.
(k)
To protect attractive landscapes and preserve places of natural beauty, including wetlands, waterways and the floodplain.
(l)
To ensure residents are not put at risk in the event of flooding.

3Where does this plan apply?

The plan applies to all land in the City of Maitland as shown on the map.

4How does this plan affect other environmental planning instruments?(1)

Maitland Local Environmental Plan 1986 is repealed.

(2)

The Hunter Regional Environmental Plan 1989 (Heritage) is amended:

(a)
by omitting from clause 3 the word “This” and by inserting instead the matter “(1) Except as provided by subclause (2), this”,
(b)
by inserting at the end of clause 3 the following subclause:
(2)
This plan does not apply to land to which Maitland Local Environmental Plan 1993 applies.
(c)
by omitting from Schedules 1, 2, 3, 4 and 5 any item or conservation area listed under the heading “Maitland” and by omitting that heading, wherever occurring.

5How are terms defined in this plan?(1)

The following definitions are used in this plan:

Abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed, and includes a knackery.

Aerodrome has the meaning ascribed to it in the Air Navigation Regulations made pursuant to the Air Navigation Act 1920 of the Commonwealth.

Advertising means the use of a building or place for the display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.

Agriculture, except in the expression intensive agriculture, means:

(a)
the cultivation of crops, including cereals, fruit, vegetable or flower crops, or
(b)
the keeping or breeding of livestock, bees or poultry and other birds, or
(c)
the cultivation of plants in a wholesale plant nursery,

for commercial purposes.

Animal establishment means a building or place used for the breeding, boarding, training or keeping, of or caring for, animals for commercial purposes, and includes a riding school.

Appointed day means the day on which this plan takes effect.

Aquaculture means the cultivation of the resources of the sea or inland waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms.

Bed and breakfast accommodation means a dwelling which:

(a)
provides temporary overnight accommodation for the short-term traveller,
(b)
offers at least breakfast for guests,
(c)
does not accommodate more than 4 guests,
(d)
does not contain facilities in rooms for the preparation of meals by guests, and
(e)
is not used in whole or in part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the accommodation facility and who normally reside in the dwelling.

Boarding house means a building or place which is not licensed to sell liquor, where accommodation, together with meals and laundry facilities, is provided, but only to residents.

Brothel means premises habitually used for the purpose of prostitution, or that have been used for that purpose and are likely to be used again for that purpose and includes premises used by only one prostitute for the purpose of prostitution.

Bulky goods sales room or showroom means a building or place used for the sale by retail or auction, the hire or the display of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a)
a large area for handling, storage or display, or
(b)
direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,

and which may also be used for the sale of motor powered or motor drawn vehicles and agricultural or industrial plant or machinery but is not used for any sale of foodstuffs or clothing.

Bushfire hazard reduction means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.

Business premises means a building or place at or on which:

(a)
an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)
a service is provided directly to members of the public on a regular basis,

and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.

Camp or caravan site means a site used for the purpose of:

(a)
placing movable dwellings within the meaning of the Local Government Act 1993 for permanent accommodation, or for the temporary accommodation of tourists, or
(b)
the erection, assembly or placement of cabins for the temporary accommodation of tourists.

Car park means a building or place used for parking vehicles, and any manoeuvring space and access thereto, whether operated for gain or not.

Child care centre means a building or place used for the purpose of supervising or caring for six or more children under the age of six years and includes facilities known as a long day care centre, preschool, occasional care centre, children’s neighbourhood centre, or multipurpose child care centre, but does not include a home based child care establishment.

City means City of Maitland.

Classified road means a road or work declared under Section 4 of the State Roads Act 1986 to be:

(a)
a main road,
(b)
a secondary road,
(c)
a State Highway,
(d)
a tourist road,
(e)
a State work,
(f)
a freeway, or
(g)
a controlled access road.

Club means a building used by persons associated or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act 1976.

Communications facility means a building, structure, work, or place used primarily for the purpose of transmitting or receiving signals for the purposes of communication, and includes radio masts and towers and satellite disks, and the like.

Community centre means a building or place owned, leased or subleased by the Council and used to provide facilities comprising or relating to any one or more of the following:

(a)
a public library,
(b)
public health services,
(c)
rest rooms,
(d)
meeting rooms,
(e)
indoor recreation,
(f)
child minding, or
(g)
any other like facility.

Community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this plan.

Convenience store means:

(a)
a shop which sells a variety of small consumer goods, and
(b)
is located no closer than 400 metres from commercially zoned land.

Council means the Council of the City of Maitland.

Depot means a building or place used only for the storage of any plant, machinery, materials or goods used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere specifically defined in this clause.

Designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a)
State and regional roads,
(b)
bus interchanges and bus lanes,
(c)
land required for regional open space,
(d)
land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

Dual occupancy means 2 dwellings (whether attached or detached) on one lot of land (not being an individual lot in a strata plan or community title scheme), but does not include a secondary dwelling.

Dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

Dwelling house means a building containing one, but not more than one, dwelling.

Educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or a childcare centre.

Entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions or displays, and includes:

(a)
sports stadiums, showgrounds, racecourses and the like, and
(b)
theatres, cinemas, music halls, concert halls, open air theatres, and drive-in theatres and the like.

Exhibition home means a dwelling that is not intended for immediate permanent occupation and is used for purposes associated with the sale of the dwelling and similar dwellings, and includes those areas in the dwelling that are used for purposes ancillary to the sale (such as a sales office or a materials display area).

Exhibition village means a group of exhibition homes and any ancillary buildings (being buildings not intended for permanent occupation and used only for purposes associated with the sale of the exhibition homes, such as sales or home finance offices and materials display areas) and ancillary facilities (such as cafes, car parks and public toilets).

Extractive industry means an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.

Extractive material means sand, gravel, clay, turf, soil, rock, stone and similar substances.

Floor space ratio means the ratio of the gross floor area of a building to the area of the site on which the building is or is proposed to be erected.

Forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.

Foundation height is the distance measured from natural ground level to the top of the ground floor of a building.

Generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

Gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls, excluding:

(a)
lift towers, and
(b)
car parking needed to meet any requirements of the Council and any internal vehicular access thereto.

Group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

Hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality:

(a)
to human health, life or property, or
(b)
to the biophysical environment.

Hazardous storage establishment means any establishment at which goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality:

(a)
to human health, life or property, or
(b)
to the biophysical environment.

Home activity means an activity, pursuit, occupation or profession, carried on for personal gain in a building or a room or a number of rooms forming part of, attached to, or on the same parcel of land as, a dwelling house where:

(a)
only goods made or produced on the premises and goods ancillary thereto are displayed and sold on the premises or only services are provided or based, and
(b)
the activity, pursuit, occupation or profession does not involve the practice or employment on the premises of any person who is not a resident of the dwelling, and
(c)
the carrying on of the activity, pursuit, occupation or profession does not:
- (i)
  interfere with the amenity of the locality by reason of traffic generation, insufficient car parking, or the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,
- (ii)
  involve exposure to view from any adjacent premises or from any public place of any unsightly matter,
- (iii)
  require the provision of any essential service main of a greater capacity than that available in the locality,
- (iv)
  involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign (not exceeding 1 metre by 0.6 metres) exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident, or a description of the activity, pursuit, occupation or profession).

Home based child care establishment means a dwelling providing care for up to seven children (including the caregiver’s own children), in the premises where the caregiver resides.

Hospital means a building or place used as a:

(a)
hospital,
(b)
sanatorium,
(c)
health centre,
(d)
nursing home, or
(e)
home for aged persons, infirm persons, incurable persons or convalescent persons,

whether public or private, and includes a shop or dispensary used in conjunction therewith.

Hotel means any premises specified in a hotelier’s licence granted under the Liquor Act 1982.

Industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles, and excludes any other use elsewhere defined in this clause.

Institution means a mental hospital or a penal or reformative establishment.

Intensive agriculture means any form of agriculture which requires waste, including faeces, to be disposed of on land which is not simultaneously used for the nurturing of livestock and poultry.

Land includes:

(a)
the sea or an arm of the sea,
(b)
a bay, inlet, lagoon, lake or body of water, whether inland or and whether tidal or non-tidal, and
(c)
a river, stream or watercourse, whether tidal or non-tidal.

Light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, but does not include an activity elsewhere defined in this clause.

Marina means a pontoon, jetty, pier or the like, used or intended to be used to provide moorings for boats used for pleasure or recreation, and includes:

(a)
slipways, and
(b)
facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for boats, or for boating enthusiasts, and
(c)
any associated facilities for the storage or provision of food.

Market means retail premises comprising an open-air area or an existing building used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.

Materials recycling depot means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.

Medium density housing means 2 or more dwellings on a site where each dwelling has an individual entrance and direct private access to private open space at natural ground level for the exclusive use of the occupants of the dwelling, and includes semi-detached dwellings, duplexes, villas, terraces, town-houses, cluster housing, integrated housing development, mobile home parks and the like.

Mining means the winning of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies and the storage and primary processing of the material obtained.

Motel means premises, not being a hotel, used for the temporary or short term accommodation of travellers.

Natural ground level means the level of land as if no development has taken place.

Offensive industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact on the locality or on existing or likely future development on other land in the locality.

Office premises means a building or place used for the purpose of administration, clerical, technical, professional or like activities (except dealing with members of the public on a direct and regular basis or otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.

Passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, including any required facilities for parking, manoeuvring, storage or routine servicing of any vehicle forming part of that undertaking.

Place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of worship, an institution or an educational establishment.

Place of worship means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

Plant nursery means a building or place used for both the growing and selling by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold.

Prostitution has the same meaning as in the Summary Offences Act 1988.

Public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.

Recreation area means:

(a)
a children’s playground,
(b)
an area used for sporting activities or sporting facilities, or
(c)
an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
- (i)
  the Council, or
- (ii)
  a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.

Recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this clause.

Refreshment room means a restaurant, cafe, tea room, eating house or the like.

Residential flat building means a building containing two or more dwellings, and includes dwellings located above business premises, but does not include development elsewhere defined in this plan.

Restricted premises means a building or place used or intended for use as a shop in which:

(a)
any classified publications (other than unrestricted publications) within the meaning of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 are available for sale or rental to the public, or
(b)
a business is conducted involving selling or disposing of products to which section 578E of the Crimes Act 1990 applies, or
(c)
a business is conducted, an object of which is the display or exhibition of any article that is primarily concerned with sexual behaviour, but which is not printed matter.

Road means a public thoroughfare used for the passage of humans, vehicles or animals.

Roadside stall means a place used for the purpose of offering for sale by retail agricultural goods produced on the allotment on which the place is located or on allotments in the locality, but only where the building, structure or device used for offering produce for sale is of a temporary nature (that is, capable of being erected or dismantled in 24 hours).

Road transport terminal means a building or place used mainly for the bulk handling of goods for transport by road, and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

Rural industry means:

(a)
the handling, selling, treating, processing or packing of rural products, and
(b)
the regular servicing or repairing of plant or equipment used for the purposes of agriculture, aquaculture or a rural industry in the locality.

Rural tourist accommodation means accommodation provided for tourists as a use of land ancillary to an agricultural operation undertaken on the land (or contiguous land in the same ownership) in a manner which is compatible with and complementary to the agricultural operation.

Rural worker’s dwelling means a dwelling:

(a)
located on land on which a dwelling house is or is intended to be located, and
(b)
used as the principal place of residence by persons employed in agriculture, aquaculture, intensive agriculture or a rural industry conducted on that land.

Sawmill means a mill handling, cutting and processing timber from logs or baulks.

Seniors housing means residential accommodation that consists of:

(a)
a residential care facility, or
(b)
a hostel, or
(c)
a group of self-contained dwellings, or
(d)
a combination of these,

and that is, or is intended to be, used permanently for:

(e)
seniors or people who have a disability, or
(f)
people who live in the same household with seniors or people who have a disability, or
(g)
staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,

but does not include a hospital.

Service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oils and other petroleum products, whether or not the building or place is also used for any one or more of the following:

(a)
the hire of trailers,
(b)
the sale by retail of spare parts and accessories for motor vehicles,
(c)
the washing and greasing of motor vehicles,
(d)
the repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),
(e)
the retail sale or hire of other goods within an ancillary area.

Serviced apartment means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Shop means a building or place used for the purpose of selling items, whether by retail or auction, for hiring of items or for displaying items for the purpose of selling or hiring them (whether the items are goods or materials).

Stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.

Storey means:

(a)
the space between two floors,
(b)
the space between one floor and the ceiling or roof above, and
(c)
a foundation area over 1.5 metres in height.

A storey includes garages, workshops, storerooms and the like.

Storeys which exceed 4.5 metres in height are counted as two storeys.

Tavern means premises licensed for the sale of liquor but which do not provide overnight accommodation on a commercial basis.

The Act means the Environmental Planning and Assessment Act 1979.

The map means the map marked “Maitland Local Environmental Plan 1993”, as amended by the maps (or, if any sheets or maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

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Maitland Local Environment Plan 1993 (Amendment No 1)
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Maitland Local Environmental Plan 1993 (Amendment No 2)
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Maitland Local Environmental Plan 1993 (Amendment No 5)
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Maitland Local Environmental Plan 1993 (Amendment No 8)
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Maitland Local Environmental Plan 1993 (Amendment No 10)
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Maitland Local Environmental Plan 1993 (Amendment No 11)
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Maitland Local Environmental Plan 1993 (Amendment No 13)
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Maitland Local Environmental Plan 1993 (Amendment No 14)
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Maitland Local Environmental Plan 1993 (Amendment No 22)
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Maitland Local Environmental Plan 1993 (Amendment No 25)
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Maitland Local Environmental Plan 1993 (Amendment No 33)
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Maitland Local Environmental Plan 1993 (Amendment No 35)
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Maitland Local Environmental Plan 1993 (Amendment No 36)
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Maitland Local Environmental Plan 1993 (Amendment No 37)
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Maitland Local Environmental Plan 1993 (Amendment No 38)
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Maitland Local Environmental Plan 1993 (Amendment No 39)
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Maitland Local Environmental Plan 1993 (Amendment No 40)
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Maitland Local Environmental Plan 1993 (Amendment No 42)
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Maitland Local Environmental Plan 1993 (Amendment No 44)
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Maitland Local Environmental Plan 1993 (Amendment No 46)
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Maitland Local Environmental Plan 1993 (Amendment No 48)
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Maitland Local Environmental Plan 1993 (Amendment No 49)
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Maitland Local Environmental Plan 1993 (Amendment No 50)
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Maitland Local Environmental Plan 1993 (Amendment No 51)
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Maitland Local Environmental Plan 1993 (Amendment No 54)
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Maitland Local Environmental Plan 1993 (Amendment No 55)
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Maitland Local Environmental Plan 1993 (Amendment No 56) RZ 95008
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Maitland Local Environmental Plan 1993 (Amendment No 57)
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Maitland Local Environmental Plan 1993 (Amendment No 59)—Sheet 3
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Maitland Local Environmental Plan 1993 (Amendment No 60)
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Maitland Local Environmental Plan 1993 (Amendment No 63)
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Maitland Local Environmental Plan 1993 (Amendment No 64)
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Maitland Local Environmental Plan 1993 (Amendment No 69)
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Maitland Local Environmental Plan 1993 (Amendment No 70)—Sheets 1–7
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Maitland Local Environmental Plan 1993 (Amendment No 71)
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Maitland Local Environmental Plan 1993 (Amendment No 72)
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Maitland Local Environmental Plan 1993 (Amendment No 73)
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Maitland Local Environmental Plan 1993 (Amendment No 74)
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Maitland Local Environmental Plan 1993 (Amendment No 75)
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Maitland Local Environmental Plan 1993 (Amendment No 76)
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Maitland Local Environmental Plan 1993 (Amendment No 77)
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Maitland Local Environmental Plan 1993 (Amendment No 79)
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Maitland Local Environmental Plan 1993 (Amendment No 80)
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Maitland Local Environmental Plan 1993 (Amendment No 81)
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Maitland Local Environmental Plan 1993 (Amendment No 82)
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Maitland Local Environmental Plan 1993 (Amendment No 83)
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Maitland Local Environmental Plan 1993 (Amendment No 84)
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Maitland Local Environmental Plan 1993 (Amendment No 86)—Sheets 1 and 2
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Maitland Local Environmental Plan 1993 (Amendment No 89)
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Maitland Local Environmental Plan 1993 (Amendment No 90)
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Maitland Local Environmental Plan 1993 (Amendment No 91)
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Maitland Local Environmental Plan 1993 (Amendment No 92)—Sheets 1 and 2
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Maitland Local Environmental Plan 1993 (Amendment No 93)
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Maitland Local Environmental Plan 1993 (Amendment No 97)
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Maitland Local Environmental Plan 1993 (Amendment No 99)
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Maitland Local Environmental Plan 1993 (Amendment No 100)—Sheets 1–5
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Maitland Local Environmental Plan 1993 (Amendment No 101)—Sheets 1 and 2
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Maitland Local Environmental Plan 1993 (Amendment No 102)
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Maitland Local Environmental Plan 1993 (Amendment No 103)
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Maitland Local Environmental Plan 1993 (Amendment No 104)

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Maitland Local Environmental Plan 1993 (Amendment No 105)
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Maitland Local Environmental Plan 1993 (Amendment No 107)
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Maitland Local Environmental Plan 1993 (Amendment No 108)
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Maitland Local Environmental Plan 1993 (Amendment No 109)
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Maitland Local Environmental Plan 1993 (Amendment No 110)—Sheets 1 and 2
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Maitland Local Environmental Plan 1993 (Amendment No 111)
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Maitland Local Environmental Plan 1993 (Amendment No 112)—Sheets 1 and 2
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Maitland Local Environmental Plan 1993 (Amendment No 115)—Sheets 1 and 2

Tourist accommodation means a building or buildings substantially used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons, such as restaurants, convention areas and the like, but does not include a building or place elsewhere defined in this clause or a building or place used for a purpose elsewhere defined in this clause.

Transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.

Turf farming means the commercial cultivation, and removal from land, of turf.

Urban release area means an area of land that is shown edged heavy black and lettered “Urban Release Area” on the map.

Utility undertaking means any undertaking carried on by or by authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of:

(a)
railway, road, water or air transport, or wharf or river undertakings,
(b)
the provision of sewerage or drainage services,
(c)
the supply of water, hydraulic power, electricity or gas,
(d)
telecommunications facilities,
(e)
firefighting facilities, or
(f)
paramedical facilities.

Vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.

Vehicle repair station means a building or place used for the purpose of carrying out repairs or the sale and fitting of accessories to vehicles or agricultural machinery, not being a vehicle body repair workshop.

Veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premise for treatment.

Warehouse or distribution centre means any building or place used mainly for:

(a)
storing goods, or
(b)
handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale, to the public from the building or place.

Wetlands conservation means the management of wetland, which is consistent with practices authorised by the National Parks and Wildlife Service.

(2)

In this plan a reference to a map is a reference to a map deposited in the office of the Council.

(3)

Headings to provisions of this plan form part of this plan.

(4)

Notes in the text of this plan do not form part of this plan.

6Who is the consent authority for this plan?

The Council is the consent authority for the purposes of this plan.

7How does this plan affect covenants etc?(1)

If any agreement, covenant or similar instrument prohibits a use allowed by this plan, then it shall not apply to that use (to the extent necessary to allow that use).

(2)

In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclause (1) before this plan was made.

8What subdivision controls apply?(1)

Land to which this plan applies shall not be subdivided except with the consent of the Council.

(2)

Nothing in this plan shall prevent the Council from granting consent to a subdivision for any of the following:

(a)
widening or opening of a public road,
(b)
making an adjustment to a boundary between allotments, being an adjustment that does not involve creating any additional allotment,
(c)
rectifying an encroachment upon an allotment,
(d)
creating a public reserve,
(e)
a consolidation of lots that does not create the opportunity for additional dwellings, or
(f)
excising from an allotment land which is, or is intended to be, used for public purposes, including drainage purposes, bushfire brigade or other rescue service purposes or public conveniences.

Note—

Clause 13 (4) prevents the erection of a dwelling house on an allotment of land in Zone 1 (a), (b), (c) or (d) created by a subdivision under subclause (2) (a), (b), (c), (d), (e) or (f), except an allotment with a minimum area of 40 hectares.

9What zones apply in this plan?

The following zones apply as identified on the map:

•
1 (a) Prime Rural Land
•
1 (b) Secondary Rural Land
•
1 (c) Rural Small Holdings
•
1 (d) Rural Residential
•
2 (a) Residential
•
2 (b) Flood Liable Residential
•
3 (a) General Business
•
3 (b) Support Business
•
3 (c) Special Business
•
4 (a) General Industrial
•
4 (b) Light Industrial
•
5 (a) Special Uses
•
5 (b) Special Uses Railways
•
6 (a) Public Recreation
•
6 (b) Private Recreation
•
6 (c) Proposed Recreation
•
7 (a) Environmental Protection Wetlands
•
7 (b) Environmental Protection Buffer
•
7 (c) Environmental Protection General

Part 2Rural zones10What rural zones apply in this plan?

The following rural zones apply as identified on the map:

•
1 (a) Prime Rural Land
•
1 (b) Secondary Rural Land
•
1 (c) Rural Small Holdings
•
1 (d) Rural Residential

The following development control table gives the objectives of the zone, description of the zone and what development is prohibited or may be carried out in each zone. Development consent must be obtained from the Council.

The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

Prime Rural Land(1)Objectives of the zone

(a)
To identify the City’s most valuable agricultural land and other rural land requiring development control to prevent alienation from agricultural use and land degradation.
(b)
To discourage further subdivision and encourage consolidation of existing agricultural landholdings.
(c)
To permit appropriate agriculture-related land uses and certain non agriculture-related land uses which will not adversely affect agricultural productivity.
(d)
To control development that could:
- (i)
  have an adverse impact on the rural character of the land in the zone,
- (ii)
  create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or
- (iii)
  be subjected to physical limitations such as erosion hazard, bushfire risk and flooding.

(2)Description of the zone

This zone identifies land which is of prime agricultural value.

(3)Development allowed without development consent

Agriculture; Bushfire Hazard Reduction; Home Based Child Care Establishment; Works authorised under the Hunter Valley Flood Mitigation Act 1956 and carried out by a public authority.

(4)Development allowed only with development consent

Abattoir; Animal Establishment; Aquaculture; Bed and Breakfast Accommodation; Communications Facility; Dual Occupancy; Dwelling House if consent is permitted by Clause 13; Extractive Industry; Forestry; Home Activity; Intensive Agriculture; Marina; Mining; Plant Nursery; Recreation Area; Refreshment Room; Road; Roadside Stall; Rural Industry; Rural Tourist Accommodation; Rural Worker’s Dwelling if consent is permitted by Clause 14; Turf Farming; Utility Undertaking; Vehicle Repair Station; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in Item 3 or 4.

Secondary Rural Land(1)Objectives of the zone

(a)
To provide for agricultural uses and animal establishments.
(b)
To permit appropriate agriculture-related land uses and certain non agriculture-related land uses which will not adversely affect agricultural productivity.
(c)
To control development that could:
- (i)
  have an adverse impact on rural character,
- (ii)
  create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or
- (iii)
  be subjected to physical limitations such as erosion hazard, bushfire risk and flooding.
(d)
To prevent the establishment of traffic generating development along classified roads.

(2)Description of the zone

This zone contains all rural land which is either not of prime agricultural value or has not been set aside for rural residential development.

(3)Development allowed without development consent

Agriculture; Bushfire Hazard Reduction; Home Based Child Care Establishment; Works authorised under the Hunter Valley Flood Mitigation Act 1956 and carried out by a public authority.

(4)Development allowed only with development consent

Any development other than development included in Item 3 or 5.

(5)Development which is prohibited

Boarding House; Brothel; Bulky Goods Sales Room or Showroom; Business Premises; Dwelling House (other than dwellings for which consent is permitted by Clause 13); Exhibition Home; Exhibition Village; Hotel; Industry; Light-Industry; Motel; Medium Density Housing; Office Premises; Passenger Transport Terminal; Public Building; Residential Flat Building; Restricted premises; Serviced Apartment; Service Station; Shop; Tavern; Vehicle Body Repair Workshop; Warehouse or Distribution Centre.

Rural Small Holdings(1)Objectives of the zone

(a)
To identify land suitable for low density residential development with a rural character.
(b)
To permit selected non-residential land uses which will not adversely affect residential amenity or rural character.
(c)
To control the intensity of rural residential development consistent with the physical limitations of the land and the costs and limitations of the provision of public amenities and services.
(d)
To prevent the establishment of traffic generating development along main and arterial roads.

(2)Description of the zone

The zone comprises land identified as being suitable for rural residential development and which is in close proximity to a service centre.

(3)Development allowed without development consent

Agriculture; Bushfire Hazard Reduction; Home Based Child Care Establishment.

(4)Development allowed only with development consent

Bed and Breakfast Accommodation; Boarding House; Child Care Centre; Club; Communications Facility; Community Centre; Community Facility; Convenience Store; Dual Occupancy; Dwelling House; Education Establishment; Exhibition Home; Forestry; Home Activity; Plant Nursery; Public Building; Recreation Area; Road; Utility Undertaking; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in Item 3 or 4.

Rural Residential

(1)Objectives of the zone

(a)
To encourage development for the purpose of closer rural settlement on land which is suitable for such a purpose.
(b)
To ensure that the semi-rural character and environmental values of the locality are protected.
(c)
To encourage rural residential subdivision which does not create unreasonable and uneconomic demands for the provision or extension of services and facilities.
(d)
To enable a range of activities and land uses associated with the residential occupation of the land.
(e)
To prevent the establishment of traffic generating development along main and arterial roads.

(2)Description of the zone

The zone comprises land identified as being suitable for rural residential development and that is in proximity to a service centre.

(3)Development allowed without development consent

Bushfire Hazard Reduction; Home Based Child Care Establishment.

(4)Development allowed only with development consent

Agriculture; Bed and Breakfast Accommodation; Boarding House; Child Care Centre; Communications Facility; Community Centre; Community Facility; Dual Occupancy; Dwelling House; Education Establishment; Exhibition Home; Forestry; Home Activity; Public Building; Recreation Area; Road; Utility Undertaking; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in Item 3 or 4.

11What are the minimum allotment sizes for rural land?

Council may grant consent to the subdivision of land in a rural zone only where the allotments to be created will have the following minimum areas:

On land zoned 1 (a)	40 hectares
On land zoned 1 (b)	40 hectares
On land zoned 1 (c)	4000 m2 with an average lot size of not less than 5500 m2
On land zoned 1 (d)	2000 m2

11AWhere is subdivision prohibited in Zone 1 (c)?

Despite any other provision in this plan, the Council must not grant consent to the subdivision of so much of the land within Zone 1 (c) at Bolwarra Heights as is shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 67)”.

12Are smaller allotments permitted in Zone 1 (a), 1 (b), 1 (c) or 1 (d)?

Notwithstanding Clause 11, land within Zone 1 (a), 1 (b), 1 (c) or 1 (d) may, with the consent of Council, be subdivided so as to create an allotment of any size where Council is satisfied that the allotment is to be used for a purpose (other than agriculture, intensive agriculture or a dwelling house) for which development consent has been given and the size of the allotment is appropriate for that use.

13What are the requirements with respect to the erection of dwellings in rural zones?(1)

In this clause:

Separate parcel means an allotment of land in existence on 3 September 1993 or the aggregation of two or more adjoining or adjacent allotments of land if they were in common ownership on 3 September 1993.

Established cropping enterprise means an agricultural activity which uses an area of prime agricultural land for the cultivation of crops such as lucerne, corn, or fodder.

Established horticultural enterprise means an agricultural activity which uses an area of prime agricultural land for commercial vegetable production.

(2)

The Council may consent to the erection of a dwelling house on:

(a)
a separate parcel in Zone 1 (a) where:
- (i)
  the separate parcel has a minimum area of 40 hectares, or
- (ii)
  the separate parcel contains an established cropping establishment which has a cultivated area in excess of 15 hectares and which has been in operation for a minimum period of 2 years immediately prior to the application being made, or
- (iii)
  the separate parcel contains an established horticultural enterprise which has a cultivated area in excess of 8 hectares and which has been in operation for a minimum period of 2 years immediately prior to the application being made, or
(b)
a separate parcel in Zone 1 (b) where the separate parcel has a minimum area of 4000 m2.

(3)

Notwithstanding subclause (2), Council may consent to the erection of a dwelling house on land in Zone 1 (a), 1 (b), 1 (c) or 1 (d) if:

(a)
the land comprises an allotment the subdivision of which was approved by Council after 7 December 1960, or
(b)
the dwelling house is to replace an existing habitable dwelling house.

(4)

Subclause (3) (a) does not apply to an allotment created before or after the commencement of this subclause by a subdivision consented to by the Council for a purpose set out in clause 8 (2) (a), (b), (c), (d), (e) or (f), except an allotment with a minimum area of 40 hectares.

14Are rural workers’ dwellings permitted in rural zones?

Council may grant consent to the erection of an additional dwelling house that is a rural worker’s dwelling on land in Zone 1 (a) or 1 (b) where:

(a)
the land has a minimum area of 40 hectares,
(b)
Council is satisfied that the nature of the agricultural activity being undertaken on the land requires the rural worker to be on site as a permanent resident, and
(c)
the land on which the dwelling is to be erected is not capable of being excised by way of transfer of a new or existing title.

15What provisions apply to advertising in rural zones?

Nothing in this plan prevents Council from granting consent to advertising on land in Zone 1 (a), 1 (b), 1 (c) or 1 (d) if the advertising is directing the travelling public to tourist areas or tourist facilities, or is advertising an activity carried out on the land upon which the advertisement is erected.

Part 3Residential zones16What residential zones apply in this plan?

The following residential zones apply as identified on the map:

•
2 (a) Residential
•
2 (b) Flood Liable Residential

The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

Residential(1)Objectives of the zone

(a)
To provide for housing and associated facilities in locations of high amenity and accessibility.
(b)
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.
(c)
To ensure that development does not create unreasonable demands, in the present or in the future, for the provision or extension of public amenities or services.

(2)Description of the zone

The 2 (a) Residential zone is characterised by detached houses. Some small scale medium density housing development will be scattered throughout the zone. These developments will typically consist of dual occupancies, duplexes, townhouses and villas up to 2 storeys. Scope is also provided to allow smaller lots and semi-detached houses in specially designed subdivisions.

(3)Development allowed without development consent

Dwelling House; Home Based Child Care Establishment.

(4)Development allowed only with development consent

Agriculture; Bed and Breakfast Accommodation; Boarding House; Bushfire Hazard Reduction; Camp and Caravan Sites; Child Care Centre; Communications Facility; Community Centre; Community Facility; Convenience Store; Dual Occupancy; Education Establishment; Exhibition Home; Exhibition Village; Forestry; Group Home; Home Activity; Hospital; Hotel; Motel; Medium Density Housing; Place of Worship; Public Building; Road; Recreation Area; Recreation Facility; Residential Flat Building; Seniors Housing; Serviced Apartment; Tavern; Tourist Accommodation; Utility Undertaking.

(5)Development which is prohibited

Any development other than development included in Item 3 or 4.

Flood Liable Residential(1)Objectives of the zone

(a)
To minimise the public and private costs of flood damage, and the risks to life from flooding, by encouraging the development of non-residential uses in flood-prone residential areas and by ensuring that any new development incorporates flood precaution measures.
(b)
To limit the expansion of urban development on flood-prone areas.

(2)Description of the zone

This zone comprises the older residential areas of the City which are significantly affected by flooding and includes the localities of South Maitland and Horseshoe Bend.

(3)Development allowed without development consent

Agriculture; Home Based Child Care Establishment.

(4)Development allowed only with development consent

Any development not included in Item 3 or 5.

(5)Development which is prohibited

Abattoir; Boarding House; Brothel; Camp or Caravan Sites; Dual Occupancy; Dwelling House except a dwelling used in conjunction with an animal establishment; Exhibition Home; Exhibition Village; Extractive Industry; Group Home; Hazardous Industry; Hazardous Storage; Industry; Intensive Agriculture; Medium Density Housing; Mining; Offensive Industry; Residential Flat Building; Restricted premises; Roadside Stall; Sawmill; Seniors Housing; Stock and Saleyard; Shop; Tourist Accommodation.

17Is development in residential zones advertised?(1)

All development in residential zones that requires development consent, with the exception of dwelling houses, dual occupancies, and duplex development, shall be advertised by the Council in a local newspaper and owners of land adjoining the proposed development notified by the Council of the development application.

(2)

Where in the opinion of Council the development is considered to be of a minor nature, advertising of the development may not be required.

18Is strata subdivision of dual occupancies allowed?

Strata subdivision of dual occupancy is allowed in residential and commercial zones.

19May non-residential development be carried out in the 2 (b) zone?

Where land within Zone 2 (b) adjoins:

(a)
land within zone 3 (a), 3 (b) or 6 (a), a person may, with the consent of Council, carry out development on the land within zone 2 (b), for any purpose for which development may be carried out (whether or not with the consent of the Council) on land within the adjoining zone, or
(b)
land on which development for any purpose (other than residential development) is being carried out—a person may, with the consent of Council, carry out development on the land for that purpose or any other like purpose.

20What general provisions apply to advertising in residential zones?

Nothing in this plan prevents Council from granting consent to advertising on any premises within Zone 2 (a) or 2 (b):

(a)
where the advertising only indicates the purpose for which the premises are lawfully used, and
(b)
Council is satisfied that the advertising will not interfere with the amenity of the area.

Part 4Business zones21What business zones apply in this plan?

The following business zones apply as identified on the map:

•
3 (a) General Business
•
3 (b) Support Business
•
3 (c) Special Business

The following development control table gives the objectives of the zone, description of the zone, and what development may be carried out in each zone. Development consent must be obtained from Council.

The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

General Business(1)Objectives of the zone

(a)
To provide opportunities for the development of commercial uses which do not reduce the commercial viability of the core retail areas of the City.
(b)
To ensure that the size and function of both retail and commercial facilities are established in accordance with Council’s preferred hierarchy of commercial centres for the City.
(c)
To permit non-commercial development within the zone where such development is compatible with the commercial character of the locality.
(d)
To ensure that there is adequate provision for car parking facilities within the zone.
(e)
To minimise conflicts between pedestrians and vehicular movement systems within the zone.
(f)
To preserve the historic character of the City by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts.

(2)Description of the zone

The 3 (a) General Business zone comprises the core retail areas of Maitland, being Central Maitland, Rutherford, Green Hills, East Maitland, as well as the neighbourhood centres of Telarah, Lorn, Metford, Tenambit, Thornton, Morpeth and Woodberry.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Any development other than development included in Item 5.

(5)Development which is prohibited

Brothel; Hazardous Industry; Hazardous Storage; Industry; Light Industry; Materials Recycling Depot; Offensive Industry; Restricted premises; Vehicle Body Repair Workshop; Vehicle Repair Station.

Support Business(1)Objectives of the zone

(a)
To provide for low intensity commercial and retail activities which do not prejudice the commercial viability of the core retail areas of the City.
(b)
To permit non-commercial development within the zone where such development is compatible with the commercial character of the locality.
(c)
To ensure that the size and function of both retail and commercial facilities are established in accordance with Council’s preferred hierarchy of commercial centres for the City.
(d)
To preserve the historic character of the City by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts.

(2)Description of the zone

The 3 (b) Support Business zone contains fringe commercial land at Green Hills, Central Maitland, and Melbourne Street which is capable of supporting commercial activities which may not be able to be accommodated in the 3 (a) General Business zone.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Any development other than development included in Item 5.

(5)Development which is prohibited

Brothel; Hazardous Industry; Hazardous Storage; Industry; Light Industry; Offensive Industry; Restricted premises; Sawmill.

Special Business(1)Objectives of the zone

(a)
To promote tourism in the City.
(b)
To provide for entertainment, tourist accommodation and services for the travelling public.

(2)Description of the zone

The 3 (c) Special Business zone contains land with a highway frontage which is removed from commercial areas.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Bed and Breakfast Accommodation; Business premises; Bulky Goods Salesroom and Showroom; Camp or Caravan Sites; Car Park; Communications Facility; Convenience Store; Entertainment Facility; Hotel; Motel; Passenger Transport Terminal; Recreation Facility; Refreshment Room; Road; Service Station; Tourist Accommodation; Utility Undertaking; Vehicle Repair Station.

(5)Development which is prohibited

Any development other than development included in Item 4.

22What floor space ratios apply in business zones?(1)

A maximum floor space ratio of 2:1 applies in Zone 3 (a), except:

(a)
where a different floor space ratio is specified in a development control plan, or
(b)
where a different floor space ratio is specified in this clause.

(1A)

A maximum floor space ratio of 0.5:1 applies in the Chisholm Local Centre, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 105)” deposited in the office of Maitland City Council.

(2)

A maximum floor space ratio of 1:1 applies in Zone 3 (b) and 3 (c).

Part 5Industrial zones23What industrial zones apply in this plan?

The following industrial zones apply as identified on the map:

•
4 (a) General Industrial
•
4 (b) Light Industrial

The Council must not grant development if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

General Industrial(1)Objectives of the zone

(a)
To set aside certain land for the purpose of general industry within convenient distance of the urban centres of the City.
(b)
To allow commercial and retail development for:
- (i)
  use ancillary to the main use of land within the zone,
- (ii)
  the display and sale of bulky goods, and
- (iii)
  the day-to-day needs of occupants and employees of the surrounding industrial area.
(c)
To ensure that industrial development creates areas which are pleasant to work in and safe and efficient in terms of transportation, land utilisation and service distribution.

(2)Description of the zone

The 4 (a) General Industrial zone caters for a range of industrial development. Traffic generating development is restricted along main roads. Premises of a commercial and retailing nature are limited in the industrial zone, however bulky goods retailing is allowed. Industrial development is allowed only if it does not adversely affect adjacent residential areas.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Any development other than development included in Item 5.

(5)Development which is prohibited

Boarding House; Business Premises; Camp or Caravan Sites; Dwelling used in conjunction with other prohibited development; Education Establishment; Entertainment Facility; Exhibition Home; Exhibition Village; Hotel; Medium Density Housing; Motel; Place of Worship; Public Building; Residential Flat Building; Roadside Stall; Seniors Housing; Serviced Apartment; Shop; Tavern; Tourist Accommodation; Veterinary Hospital.

Light Industrial(1)Objectives of the zone

(a)
To set aside certain land for the purpose of light industry within convenient distances of the urban centres of the City.
(b)
To allow commercial and retail development that does not undermine the commercial and retail functions of existing and future urban centres.
(c)
To 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.

(2)Description of the zone

The 4 (b) Light Industrial zone caters for a range of industrial development, however offensive or hazardous industries are not permitted. Traffic generating development is restricted along main roads. Premises of a commercial and retailing nature are limited in the zone, however bulky goods retailing is allowed. Industrial development is allowed only if it does not adversely affect adjacent residential areas.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Any development other than development included in Item 5.

(5)Development which is prohibited

Camp or Caravan Sites; Dual Occupancy; Dwelling used in conjunction with other prohibited development; Entertainment Facility; Exhibition Home; Exhibition Village; Hazardous Industry; Hazardous Storage; Hotel; Intensive Agriculture; Medium Density Housing; Motel; Offensive Industry; Residential Flat Building; Roadside Stall; Sawmill; Seniors Housing; Serviced Apartment; Shop; Stock and Saleyards; Tavern; Tourist Accommodation.

Part 6Special use zones24What special use zones apply in this plan?

The following special use zones apply as identified on the map:

•
5 (a) Special Uses
•
5 (b) Special Uses Railways

The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

Special Uses(1)Objectives of the zone

To identify land required for the provision of public services and community facilities and major non-commercial land uses.

(2)Description of the zone

The 5 (a) Special Uses zone contains land used for community and government purposes. Specific special uses are indicated on the map.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

The particular development indicated on the map and any development ordinarily incidental or ancillary thereto; Road; Utility Undertaking.

(5)Development which is prohibited

Any development other than development included in Item 4.

Special Uses Railways(1)Objectives of the zone

(a)
To recognise existing railway land and to enable future development for railway and associated purposes.
(b)
To prohibit advertising structures and hoardings on railway land.

(2)Description of the zone

The 5 (b) Special Uses Railways zone contains land used for railway purposes.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Any development for railway purposes authorised under the Transport Administration Act 1988.

(5)Development which is prohibited

Any development other than development included in Item 4.

Part 7Recreation zones25What open space zones apply in this plan?

The following open space zones apply as identified on the map:

•
6 (a) Public Recreation
•
6 (b) Private Recreation
•
6 (c) Proposed Recreation

The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

Public Recreation(1)Objectives of the zone

(a)
To identify existing publicly owned land that is used or is capable of being used for active or passive recreation purposes.
(b)
To encourage the development of public open space in a manner which maximises the satisfaction of the community’s diverse recreational needs.
(c)
To enable development associated with, ancillary to, or supportive of, public recreation uses.
(d)
To encourage the development of open space as a major urban landscape element.

(2)Description of the zone

The 6 (a) Public Recreation zone contains open space used for both active and passive recreation. Land in this zone is either owned by the Council, or under the care, control and management of Council or is in private or public authority ownership and is yet to be acquired by Council or dedicated to Council for open space.

(3)Development allowed without development consent

Works (other than buildings) for the purposes of landscaping, gardening and bushfire hazard reduction; Family Day Care Establishment.

(4)Development allowed only with development consent

Agriculture; Animal Establishment; Camp or Caravan Sites; Child Care Centre; Club; Communications Facility; Community Centre; Community Facility; Dwelling House; Entertainment Facility; Forestry; Road; Recreation Area; Recreation Facility; Refreshment Room; Utility Undertaking; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in Item 3 or 4.

Private Recreation(1)Objectives of the zone

The objectives of this zone are to identify and set aside certain private land where private recreation activities are or may be developed.

(2)Description of the zone

The 6 (b) Private Recreation zones contains privately owned land used for recreational purposes, such as bowling clubs, golf courses, tennis courts and the like.

(3)Development allowed without development consent

Works (other than buildings) for the purposes of landscaping, gardening and bushfire hazard reduction.

(4)Development allowed only with development consent

Aerodrome; Agriculture; Animal Establishment; Bed and Breakfast Accommodation; Camp or Caravan Sites; Child Care Centre; Club; Communications Facility; Community Centre; Community Facility; Dwelling House; Educational Establishment; Entertainment Facility; Forestry; Home Activity; Home Based Child Care Establishment; Hotel; Market; Plant Nursery; Recreation Area; Recreation Facility; Refreshment Room; Road; Tavern; Tourist Accommodation; Utility Undertaking; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in item 3 or 4.

Proposed Recreation(1)Objectives of the zone

(a)
To 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)
To provide additional land to meet the objectives specified in respect of land within Zone 6 (a).
(c)
To ensure that there is provision for adequate open space areas to meet the needs of all residents and provide opportunities to enhance the total environmental quality of the City.
(d)
To set aside certain lands (being lands that the Council proposes to acquire) for the purposes of active and passive recreation.
(e)
To restrict development on lands which will be required for future open space purposes.

(2)Description of the zone

The 6 (c) Proposed Recreation zone contains land which the Council seeks to acquire for the purpose of providing additional recreational facilities for local residents.

(3)Development allowed without development consent

Works (other than buildings) for the purposes of landscaping, gardening and bushfire hazard reduction.

(4)Development allowed only with development consent

Agriculture; Communications Facility; Community Facility; Forestry; Recreation Area; Road; Wetlands Conservation.

(5)Development which is prohibited

Any development other than a development included in Item 3 or 4.

26Relevant acquisition authority(1)

The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)

The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land specified in the Table (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Land	Authority of the State
Zone 6 (a) Public Recreation	Council
Zone 6 (c) Proposed Recreation	Council

(3)

Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

26AWhat must Council consider before consenting to development of land within Zone 6 (a) or 6 (c)?

The Council may consent to the development of land within Zone 6 (a) or 6 (c) only if the Council has considered:

(a)
the need for the development,
(b)
the impact of the proposed development on the existing or the likely future use of the land, and
(c)
the need to retain the land for its existing or likely future use.

Part 8Environmental protection27What environmental protection zones apply in this plan?

The following environmental protection zones apply as identified on the map:

•
7 (a) Environmental Protection Wetlands
•
7 (b) Environmental Protection Buffer
•
7 (c) Environmental Protection General

The Council must not grant development consent if the proposed development does not satisfy the objectives of the zone in which it is intended to be carried out.

Environmental Protection Wetlands(1)Objectives of the zone

(a)
To protect wetland areas from development that could adversely affect their preservation and conservation.
(b)
To preserve wetland areas as habitats for indigenous and migratory wildlife.
(c)
To enhance and rehabilitate wetland areas.

(2)Description of the zone

The 7 (a) Environmental Protection Wetlands zone contains all wetlands identified in State Environmental Planning Policy No 14—Coastal Wetlands and Schedule 2 to the Hunter Regional Environmental Plan 1989, and other important wetland in the City of Maitland.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Agriculture; Bushfire Hazard Reduction; Communications Facility; Utility Undertaking; Recreation; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in Item 4.

Environmental Protection Buffer(1)Objectives of the zone

(a)
To provide a natural buffer between incompatible land uses to provide environmental protection or maintain scenic quality.
(b)
To protect watercourses and other areas of environmental significance from the adverse effects of industrial and urban development.
(c)
To permit selected land uses which will not adversely affect the role of the buffer.

(2)Description of the zone

The 7 (b) Environmental Protection Buffer applies to land which acts as a natural buffer, for example, land between urban development and wetlands, and vegetation adjacent to the New England Highway.

(3)Development allowed without development consent

Nil.

(4)Development allowed only with development consent

Agriculture; Animal Establishment; Bushfire Hazard Reduction; Recreation Area; Recreation Facility; Road; Utility Undertaking; Wetlands Conservation.

(5)Development which is prohibited

Any development other than development included in Item 4.

Environmental Protection General(1)Objectives of the zone

(a)
To conserve sites which provide valuable habitat or corridors for wildlife or provide valuable examples of flora or floristic associations of significance.
(b)
To protect sensitive areas that are or may suffer degradation if not managed appropriately.
(c)
To protect and enhance the landscape and scenic qualities of Maitland City and to ensure that adequate consideration is given to the visual impact of development.
(d)
To permit selected land uses which will not adversely affect floristic values, fauna habitat, visual amenity and other environmental values.

(2)Description of the zone

The 7 (c) Environmental Protection General zone applies to land that plays a special environmental role in the Maitland City area and includes, for example, habitat areas in the Four Mile Creek catchment at Thornton.

(3)Development allowed without development consent

Bushfire Hazard Reduction in accordance with a bush fire management plan approved by the Bush Fire Co-ordinating Committee.

(4)Development allowed only with development consent

Agriculture; Bed and Breakfast Accommodation; Dwelling House; Educational Establishment; Recreation Area; Recreation Facility; Road; Tourist Accommodation; Utility Undertaking.

(5)Development which is prohibited

Any development other than development included in Item 3 or 4.

28What restrictions apply to the development of wetlands?(1)

In this clause:

clearing, in relation to land, means the destruction or removal in any manner of native plants growing on the land, but does not include:

(a)
the destruction or removal of noxious weeds within the meaning of the Noxious Weeds Act 1993, by means not likely to be significantly detrimental to the native ecosystem, or
(b)
the incidental destruction or removal of native plants lying adjacent to any such noxious plants occurring unavoidably during the process of destroying or removing those noxious plants, or
(c)
the destruction or removal of native plants, within 3 metres of the boundary between the lands owned or occupied by different persons, for the purpose of erecting or maintaining a dividing fence between those lands, or
(d)
the destruction or removal of native plants, within 0.5 metres of the boundary between the lands owned or occupied by different persons, for the purpose of enabling a survey to be carried out along that boundary by a surveyor registered under the Surveyors Act 1929.

native plants means plants indigenous to the State of New South Wales, including trees, shrubs, ferns, vines, herbs and grasses indigenous to the State.

(2)

In respect of land within Zone 7 (a) or 7 (b), a person shall not:

(a)
clear that land,
(b)
construct a levee on that land,
(c)
drain that land, or
(d)
fill that land,

except with the consent of the Council.

(3)

Applications for development of land within Zone 7 (a) will be advertised for public comment.

(4)

In considering whether to grant consent required by this clause, the Council shall take into consideration:

(a)
the environmental effects of the proposed development, including the effect of the proposed development on:
- (i)
  the growth of native plant communities,
- (ii)
  the survival of native wildlife populations,
- (iii)
  the provision and quality of habitats for both indigenous and migratory species,
- (iv)
  the surface and groundwater characteristics of the site on which the development is proposed to be carried out and of the surrounding area, including salinity and water quality,
(b)
whether adequate safeguards and rehabilitation measures have been, or will be, taken to protect the environment,
(c)
whether carrying out the development would be consistent with the aim of this policy,
(d)
the objectives and major goals of the “National Conservation Strategy for Australia” (as set forth in the second edition of a paper prepared by the Commonwealth Department of Home Affairs and Environment for comment at the National Conference on Conservation held in June 1983 and published in 1984 by the Australian Government Publishing Service) in so far as they relate to wetlands and the conservation of “living resources generally”,
(e)
whether any feasible alternatives exist to the carrying out of the proposed development (either on other land or by other methods) and if so, the reasons given for choosing the proposed development,
(f)
(Repealed)
(g)
any wetlands surrounding the land to which the development application relates and appropriateness of imposing conditions requiring the carrying out of works to preserve or enhance the value of those surrounding wetlands, and
(h)
any public comment received.

(5)

(Repealed)

28ADevelopment of environmentally sensitive land—Zone 7 (c)

The Council may grant consent to the carrying out of development on land zoned 7 (c) Environmental Protection General only if it has considered the manner in which the development is to be undertaken and is satisfied that the development:

(a)
will minimise the risk of soil erosion and other land degradation,
(b)
will have a low visual impact, and
(c)
will not result in a significant impact on threatened species, as defined in the Threatened Species Conservation Act 1995, or locally important native vegetation.

29How are trees preserved?(1)

A person shall not carry out or cause to be carried out the ring-barking, cutting down, lopping, topping, removing, injuring, or wilful destruction of any tree with a height of 3 metres or more or having a branch spread of 3 metres or more in diameter, except with the written consent of the Council.

(2)

The Council shall not grant consent for any action referred to in subclause (1) unless it has made an assessment of the importance of the tree or trees in relation to:

(a)
soil stability and prevention of land degradation,
(b)
scenic or environmental amenity, and
(c)
vegetation systems and natural wildlife habitats.

(3)

This clause does not apply to trees in a State Forest or on other Crown timber lands within the meaning of the Forestry Act 1916 or to trees required to be lopped in accordance with the Electricity (Overhead Line Safety) Regulation 1991.

30What provisions apply with respect to the conservation of minerals and extractive materials?(1)

This clause applies to land shown hatched on the map and marked “Clay Conservation”.

(2)

Notwithstanding the provisions of this plan, a person shall not carry out development on land to which this clause applies without the consent of the Council.

(3)

In determining an application for consent to development on land to which this clause applies, the Council shall have regard to the conservation value of any existing or probable resources of mineral or extractive materials on or under the land.

(4)

(Repealed)

Part 9Heritage conservation31What controls apply with respect to heritage items or conservation areas?

In order to conserve and enhance buildings, structures and sites of recognised significance which are part of the heritage of the City, a number of provisions apply with respect to heritage items and conservation areas.

The definitions used with respect to heritage conservation are:

Aberglasslyn House Heritage Control Area means the land shown edged heavy black, hatched and lettered “Heritage Control Area” on Sheet 2 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 92)” deposited in the office of Maitland City Council.

Alter, in relation to a heritage item or a building or work in a heritage conservation area, means:

(a)
make structural changes to the outside of the heritage item, building or work, and
(b)
make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

Conservation instrument has the meaning ascribed to that expression in the Heritage Act 1977.

Demolition means the damaging, defacing, destruction, pulling down or removal of a heritage item, building or work, in whole or in part.

Heritage conservation area means an area described in Column 1 of Schedule 1 and shown on the heritage map in a manner specified opposed that description in Column 2 of that Schedule.

Heritage item means a building, work, relic, tree or place of heritage significance, being an item described in Column 1 of Schedule 2 and shown by heavy black edging and hatching on the Heritage map and lettered in the manner specified opposite that description in Column 3 of that Schedule.

Heritage item of local significance means a heritage item classified by the word Local in Column 2 of Schedule 2 opposite that item.

Heritage item of regional significance means a heritage item classified by the word Regional in Column 2 of Schedule 2 opposite that item.

Heritage item of State significance means a heritage item classified by the word State in Column 2 of Schedule 2 opposite that item.

Heritage map means the series of maps marked Maitland Local Environmental Plan—Heritage Conservation, as amended by the maps (or, if any sheets or maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

•
Maitland Local Environmental Plan 1993 (Amendment No 70)—Sheet 8

Heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

Maintenance, in relation to a heritage item or to a building or work within a heritage conservation area, means the continuous protective care of the fabric of the heritage item, building or work and its setting.

Relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the City of Maitland which is more than 50 years old.

32What controls apply with respect to the development of heritage items?(1)

A person shall not, in respect of a building, work, relic, tree or place that is a heritage item:

(a)
demolish or alter the building or work,

King Street 50	Villa Maria	Local	No 60	Sheet 15
King Street 51	House	Local	No 61	Sheets 13, 15
King Street 53	House	Local	No 62	Sheets 13, 15
King/ Newcastle Road	St. Josephs Church	Local	No 63	Sheet 14
Lawes &William Sts	Joss House	Local	No 64	Sheet 13
Lawes &Melbourne Sts	Former Hotel &Stables	Regional	No 65	Sheet 13
Lindsay Street 18/20	Nenagh	Local	No 66	Sheet 13
Lindsay Street 42	House	Local	No 67	Sheet 13
Melbourne Street	Former AJS Bank	Regional	No 68	Sheet 12
Melbourne Street	George &Dragon Hotel	Local	No 69	Sheet 13
Melbourne Street 82	Shop	Local	No 70	Sheets 12, 13
Melbourne Street 84	Shop	Local	No 71	Sheets 12, 13
Mill Street 3	Fm Chaol Chisholm Barracks	State	No 72	Sheet 12
Morpeth Road 18	Hillside	Local	No 73	Sheet 13
Nerang Street 67	House	Local	No 74	Sheet 13
Newcastle Road	Former Smith’s Flour Mill	State	No 75	Sheet 12
Newcastle Road	Lands Office	Regional	No 76	Sheet 12
Newcastle Road	Public School	Regional	No 77	Sheet 13
Newcastle Road	Englefield	Local	No 78	Sheet 12
Newcastle Road 46	Former Rose Inn	Local	No 79	Sheet 12
Newcastle Road 64	Hanks House	Local	No 80	Sheet 12
Pitnacree Road 3	Ekelene	Local	No 81	Sheet 13
Pitnacree Road 7	Timber House	Local	No 82	Sheet 13
Pitnacree Road 38	House	Local	No 83	Sheet 13
Pitnacree Road	Pender &Forster Sawmill	Local	No 84	Sheet 13
Ray Terrace Rd 55	House	Local	No 85	Sheet 15
Rous Street 40/42	House	Local	No 86	Sheet 14
Victoria Street 86	Two Storey Residence	Local	No 235	Sheet 15
Victoria Street 88	Two Storey Residence	Local	No 236	Sheet 15
Wallis Street 12	Oldholme	State	No 87	Sheet 14
Farley
Owlpen Lane 60	Owlpen	Local	No 88	Sheet 1
Gosforth
Anambah Road	Anambah House	State	No 89	Sheet 1, 3
Largs
John Street 7/9	Fm Cath Sch &Presbytery	Local	No 90	Sheet 7
Morpeth Road	Largs Public School	Regional	No 91	Sheet 7
Lochinvar
Cantwell Road	Victoria House	Local	No 92	Sheet 2
New England Hwy	Kaludah	Regional	No 93	Sheet 1
New England Hwy	St. Helena Cottage	Regional	No 94	Sheets 1, 2
New England Hwy	Holy Trinity Church	Regional	No 95	Sheet 2
New England Hwy	Catholic Cemetery	Regional	No 96	Sheet 2
New England Hwy	Windermere	Regional	No 97	Sheet 2
Railway Lane	Police Station	Local	No 98	Sheet 2
Station Lane	Clifton	Local	No 99	Sheet 1
Lorn
Belmore Road 38	Two Storey Brick House	Local	No 100	Sheet 9
Belmore Road 42	Rosecliffe	Local	No 101	Sheet 9
Belmore Road 54	Brick House	Local	No 102	Sheet 9
Belmore Road 68	Nameerah	Local	No 103	Sheet 9
Belmore Road 72	Niara	Local	No 104	Sheet 9
Belmore Road 92	Warrane and Grounds	Local	No 105	Sheet 9
Brisbane Street 6	House	Local	No 106	Sheet 9
Nillo Street 14	Nillo House	Local	No 107	Sheet 9
Roxburgh Street 33	Ingleburn	Local	No 108	Sheet 9
Roy Street 5/5A	Lorn House	Regional	No 109	Sheet 9
Louth Park
Louth Park Road	Jewish Cemetery	Regional	No 110	Sheet 11
Luskintyre
Hunter River	Luskintyre Bridge	Regional	No 111	Sheet 1
Maitland
Various locations	Government Railway	Regional	No 112	Sheets 1, 3, 5, 6, 10/13, 15, 18
Ballard Street 16	The Hermitage	Local	No 113	Sheet 10
Bloomfield Street	Bk Cottage (&timber Annex)	Local	No 114	Sheet 11
Bourke Street 28	House	Regional	No 115	Sheet 10
Bourke Street 28	House	Regional	No 115	Sheet 10
Bourke Street 30/32	House	Regional	No 116	Sheet 10
Bourke Street 40	House	Regional	No 117	Sheet 10
Bourke Street 41	House	Regional	No 118	Sheet 10
Bourke Street 51	House	Regional	No 119	Sheet 10
Bourke Street 60	House	Regional	No 120	Sheet 10
Bourke Street 81	House	Regional	No 121	Sheet 10
Bourke Street	Grand Central Hotel	Regional	No 122	Sheet 10
Bulwer Street 41	Brick Cottage	Local	No 123	Sheet 10
Bulwer Street 50	Brick Cottage	Local	No 124	Sheet 10
Carrington Street 43–49	Terrace	Local	No 125	Sheet 10
Carrington Street 78/80	Villa Lemarne (c 1856)	Local	No 126	Sheet 10
Carrington Street 85	Georgian House	Local	No 127	Sheet 10
Carrington Street 111	Two Storey House	Local	No 128	Sheet 10
Cathedral Street	Former St. Johns Cathedral	State	No 129	Sheet 10
Cathedral Street	Bishops Residence	Regional	No 130	Sheet 10
Church/Banfield Streets	Former Jewish Synagogue	State	No 131	Sheet 10
Church Street	St. Mary’s Church &Rectory	State	No 132	Sheet 10
Church Street	Grand Junction Hotel	Regional	No 133	Sheet 10
Church Street	Brough House	Regional	No 134	Sheet 10
Church Street	Grossman House	Regional	No 135	Sheet 10
Church Street	Maitland Public School	Local	No 136	Sheet 10
Cross &Devonshire St	St. Paul’s Church Group	Regional	No 137	Sheet 11
Cross Street 15	Rose Mary	Local	No 138	Sheet 11
Devonshire Street 26–30	Brick Terrace	Local	No 139	Sheet 10
Elgin Street 18/22	Offices	Local	No 140	Sheet 10
Elgin Street 43	Former Hotel	Local	No 141	Sheet 10
Elgin Street 45A &45B	Shops	Local	No 142	Sheet 10
Elgin Street 71	Somerset	Local	No 143	Sheet 10
Elgin Street 87	St. Elmo	Local	No 144	Sheet 10
Free Church Street	Presbyterian Church Group	Regional	No 145	Sheet 10
Hannan Street 13	Georgian House	Local	No 146	Sheet 9
Hannan Street 14	Hannan House	Local	No 147	Sheet 9
High Street 1 &3	Wallis House Group	State	No 148	Sheet 12
High Street	Maitland Town Hall	State	No 149	Sheet 10
High Street	Technical College	State	No 150	Sheet 10
High Street 48	Georgian Cottage	Local	No 151	Sheet 12
High Street 226	Fm Cohens W/house Facade	Regional	No 152	Sheet 10
High Street	St John’s Pro Cathedral	Local	No 153	Sheet 10
High Street 303	McLaughlins Bakery	Local	No 154	Sheet 10
High Street 315	Former NAB Bank	State	No 155	Sheet 10
High Street	Former AJS Bank	Regional	No 156	Sheet 10
High Street	Maitland Mercury	Regional	No 157	Sheet 10
High Street 349/351	Methodist Church	Regional	No 158	Sheet 10
High Street	Post Office	Regional	No 159	Sheet 10
High Street	Fm Congregational Church	Regional	No 160	Sheet 10
High Street 437	ANZ Bank	Regional	No 161	Sheet 10
High Street 473	Barden &Ribee Shop	State	No 162	Sheets 9, 10
High Street	Court House	State	No 163	Sheet 9
High Street 224	Former CBC Bank	Local	No 164	Sheet 10
High Street 255	Two Storey Shop	Local	No 232	Sheet 10
High Street 534/540	Hampton Court	Local	No 165	Sheets 5, 9
High Street 541	Dr Sollings House	Local	No 166	Sheet 9
New England Highway &Ledsam Street	Roads End	Local	No 167	Sheet 5
New England Highway	The Family Hotel	Regional	No 227	Sheet 5
Little Bourke Street	Timber Settlers Cottage	Local	No 168	Sheet 10
Parrallel Street	Maitland Park War Memorial	Regional	No 169	Sheet 11
Radford Street 7	Two Storey House	Local	No 170	Sheet 10
Regent Street 16	House	Regional	No 171	Sheet 5
Regent Street 30	Benhome	Regional	No 172	Sheet 5
Regent Street 34	Cintra&Stables	State	No 173	Sheet 5
Regent Street 76	Helyhurst	Local	No 174	Sheet 5
Regent Street	Victorian Villa	Regional	No 175	Sheet 5
Robin Street 9	Brick Cottage	Local	No 176	Sheet 10
Russell Street 19–21	Slab Cottage	Local	No 177	Sheet 10
Rose Street 69	Timber Cottage	Local	No 178	Sheet 11
Sempill Street 65	Riverview	Local	No 179	Sheet 9
Sempill Street	Police Station and Residence	Regional	No 180	Sheet 9
Station Street	Railway Station	Regional	No 181	Sheet 10
St. Andrews Street 34	Springfield	Local	No 237	Sheet 10
Victoria Street 5	Masonic Hall	Regional	No 182	Sheet 10
Victoria Street 7	Terrace	Local	No 183	Sheet 10
Victoria Street 9	Training College	Regional	No 184	Sheet 10
Victoria Street	Convent	Regional	No 185	Sheet 10
New England Highway	Maitland Hospital Group	Regional	No 186	Sheet 5
Maitland Vale
Rosebrooke Road	Eelah	Regional	No 187	Sheet 3
Campbells Road	Maitland Vale	Local	No 188	Sheet 3
Melville Road
Melville Ford Road	Melville House	Regional	No 189	Sheets 1, 3
Mindaribba
Tocal Road	Mindaribba	Regional	No 190	Sheet 3
Tocal Road	Bellevue	Local	No 191	Sheet 3
Morpeth
Close Street	Former Bakery	Local	No 192	Sheet 17
Edward Street	Grandstand	Local	No 193	Sheet 17
George and James Street	Roman Catholic Church	Regional	No 194	Sheet 17
Green Street	Slab Cottage	Local	No 238	Sheet 17
High and Edward Street	Kiora	Local	No 195	Sheet 17
High and George Streets	Police Station	Regional	No 196	Sheet 17
High and Tank Street	St. James Parish Hall	Regional	No 197	Sheet 17
High Street 50	State School	Local	No 198	Sheet 17
High Street 85	Former Cinema	Local	No 199	Sheet 17
High Street 110	School of Arts	Regional	No 200	Sheet 17
James Street	Former Roman Catholic School and Convent Group	Regional	No 201	Sheet 17
John Street 5	Georgian Cottage	Local	No 202	Sheet 17
McFarlanes Road	Former Morpeth House	Local	No 203	Sheet 18
Morpeth Road	Closebourne	State	No 204	Sheet 17
Morpeth Road	Morpeth House	Regional	No 205	Sheet 17
Northumberland Street	Morpeth Bridge	Regional	No 206	Sheet 17
Robert Street 7	White’s Factory	Local	No 207	Sheet 17
Off Swan Street	Former Queens Wharf &Railway Station	Local	No 208	Sheet 17
Swan Street	Former Bond Store Group	Regional	No 209	Sheet 17
Swan Street	Former Courthouse	Regional	No 210	Sheet 17
Swan Street	Post Office and Residence	Regional	No 211	Sheet 17
Swan Street	Former Campbells’ Store	Regional	No 212	Sheet 17
Swan Street	Former CBC Bank	Regional	No 213	Sheet 17
Swan Street	Marlborough House	Regional	No 214	Sheet 17
Swan Street 67/69	Villa	Local	No 215	Sheet 17
Swan Street 127	Commercial Hotel	Local	No 216	Sheet 17
Tank Street	St. James Group	Regional	No 217	Sheet 17
Tank Street	General Cemetery	Regional	No 218	Sheet 17
Oakhampton
Oakhampton Road	Former School	Local	No 219	Sheet 6
Oakhampton Road	Lyndon Oakes	Local	No 220	Sheet 6, 8
Oakhampton Road	Oakhamp Meth Cemetery	Regional	No 221	Sheet 6
Oakhampton Road	Timber Cott/ Lot 4 DP 939730	Local	No 222	Sheet 6, 8
Scobies Lane	Walka Water Works	State	No 223	Sheet 6, 8
Oswald
Oswald Road	General Cemetery	Regional	No 224	Sheet 1
Phoenix Park
Largs Road	Old Campbells House	Local	No 225	Sheet 16
Rutherford
New England Highway	Cemetery	Regional	No 226	Sheet 4
Telarah
Junction Street	S/Maitland Railway Yards	Regional	No 228	Sheet 5
South Street	Campbell’s Hill Cemetery	Regional	No 229	Sheet 5
Thomas Street	Byrn Glas (1904)	Local	No 230	Sheet 5
Woodville
Paterson Road	Dunmore House	Regional	No 231	Sheet 3

Schedule 3Additional uses of land

(Clause 48)

Lot 11, DP 561385, Louth Park Road, Louth Park: Subdivision creating 3 lots and the erection of a dwelling house on each lot so created. R6/87.

Lot 250, DP 620745, Louth Park Road, Louth Park: Subdivision creating 6 lots and the erection of a dwelling house on each lot so created. R10/87.

Lot 2, DP 533727, Sharkeys Lane, Lorn: Subdivision creating 2 lots (one with an area of at least 900m2 and the erection of a dwelling house on the smaller of the two lots. R19/89.

Part lot 2 and part lot 3, DP 2577, New England Highway, Rutherford: Retail and wholesale butcher shop. R9/90.

Lot 6, DP 702764, Louth Park Road, Louth Park: Subdivision creating 5 lots and the erection of a dwelling house on each lot so created. R4/91.

Lot 1, DP 721804, Scotch Creek Road, Millers Forest: Processing of sand and gravel for use by the water filtration industry. R3/91.

Lot 1, DP 790534, Wollombi Road Farley: Erection of a dwelling house. R103/62.

Lot 67, DP 703751, Wollombi Road: Subdivision creating 5 lots each with a minimum area of 2.5 hectares and the erection of a dwelling-house on each lot so created. R103/62.

Lot C, DP 155362, Johnson Street Maitland: A warehouse. R11/89.

Portions 15 and 16, Tocal Road, Mindaribba: Resubdivision into 2 allotments and the erection of a dwelling on each allotment. R7/91.

Lot 2, DP 605272, Raymond Terrace Road, Millers Forest: Subdivision into 2 allotments and the erection of a dwelling on each allotment created. R11/91.

Lot 1, DP 797522, and Lot 65, DP 810466, Oakhampton Road, Oakhampton: The erection of a dwelling on the allotment created by the amalgamation of those lots. R12/91.

Lot A, DP 164365, and Part DP 976482, Sharkeys Lane, Lorn: A road transport terminal. R1/92.

Lot 667, DP 568399, Cantwell Road Lochinvar: Subdivision creating 2 allotments and the erection of a dwelling on each lot. R4/92.

DP 156976; Lots 46 and 47 Section D, DP 192940: Lots 1 to 5 and Part 6, Section C, DP 192940; and Lot 1, DP 584084: Subdivision creating 5 allotments and the erection of a dwelling on the 4 smaller sized lots with the largest sized lot being utilised as a wetland and recreation area. R2/93.

Lots 101 to 104 and Lot 143, DP 813190: Subdivision creating 7 allotments and the erection of a dwelling on each allotment. R103/62.

Land within DP 447038, Swan Street, Morpeth: Erection of a dwelling-house. R8/92

Part Lots 26–29, Lots 30–33 and Part Lots 35–39 and 60, DP 976249, Lot 200, DP 615601, Lots 101 and 102, DP 635079, Lot 1, DP 577409, Lot 112, DP 804336 and Part Lot 258, DP 813454, Louth Park Road, Louth Park, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 1)”: Community titles subdivision creating no more than 165 lots in accordance with the Community Land Development Act 1989. R8/91.

Lot 1, DP 150582, William Street, East Maitland: A warehouse. R3/93.

Lot 2, DP 205370, Aberglasslyn Road, Aberglasslyn: Subdivision creating 2 lots and the erection of a dwelling-house on the vacant allotment so created. R5/93

Lot 1 DP 634523, Station Lane, Lochinvar: Subdivision creating 2 allotments and the erection of a dwelling-house on the vacant lot created. R7/92.

Part Portion 66, New England Highway, Harpers Hill, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 7)”: Subdivision creating 2 lots and the erection of a dwelling house on the vacant lot so created. RZ 93007.

Lot 1, DP 783137 and lot 12, DP 591006, Morpeth Road, East Maitland, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 12)”: Subdivision creating 2 allotments and the erection of a dwelling-house above the 1 in 100 year flood line on the vacant allotment so created. RZ 93009.

Lot 2, DP 239754, Winders Lane, Lochinvar, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 16)”: Subdivision creating 2 lots and the erection of a dwelling-house on the vacant lot so created. RZ 93008.

Part lot 43 and lot 44, DP 976474, Hunter Street, Largs, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 15)”: Subdivision creating 2 vacant allotments and the erection of a dwelling-house on each vacant allotment so created. RZ 93011.

Lot 4, DP 818231, Duckenfield Road, Duckenfield: Subdivision creating 3 lots, the erection of a dwelling-house on each of 2 of the vacant lots so created and the use of the third lot for a flood-free stock refuge. RZ 94002.

Lot 324, DP 831201, No 49 Station Lane, Lochinvar, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 18)”: Subdivision creating 2 lots and the erection of a dwelling house on the vacant lot so created. RZ 94010.

Part of Lot 14, DP 571495, Oswald Road, Oswald, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 19)”: Subdivision creating 2 lots and the erection of a dwelling-house in the vacant lot so created. RZ 94012.

Part of Lot 1, DP 239754, Winders Lane, Lochinvar, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 20)”: Subdivision creating 2 lots and the erection of a dwelling-house in the vacant lot so created.

Part Portions 42 and 44, Parish of Alnwick, McFarlnes Road, Berry Park, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 21)”: Subdivision creating 2 lots, one lot having a maximum area of 1ha, and the erection of a dwelling-house on the vacant lot so created. RZ 94011.

Lot 6, DP 210081, Melville, Ford and Dickenson Roads, Melville, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 27)”: Subdivision creating 2 lots, with one lot having a maximum area of 2ha, and the erection of a dwelling-house on each lot so created. RZ 94007.

Lot 21, DP 734775, Lots A and B, DP 151567, Lot 1, DP 711706 and Lots 4, 6 and 16, DP 572214, being Nos 58–60 Church Street, Nos 31–43 Ken Tubman Drive and No 47 St. Andrew Street, Maitland, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 31)”: Business premises; office premises. RZ 95001.

Lot 3, DP 509046, Aberglasslyn Road, Rutherford, as shown edged in heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 29)”: Erection of a dwelling house. RZ 95006.

Lot 1, DP 740055, New England Highway, Lochinvar, as shown edged in heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 32)”: Subdivision creating 3 lots and the erection of one dwelling house on each of the 2 vacant lots created. RZ 95005.

Lot 8, Old North Road, Lochinvar, as shown edged in heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 43)”: Subdivision creating 2 lots and the erection of a dwelling house on the vacant lot created. RZ 95011.

Lots 2 and 3, DP 752474, Tocal Road, Tocal, as shown edged in heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 47): Erection of a public building. RZ 97001.

Lot 196 DP 246309, Maitland Vale Road, Maitland as shown edged in heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 45)”: Subdivision creating 3 lots (two of which are vacant and each smaller than the third) and the erection of one dwelling house on each of the 2 smaller vacant lots created. (RZ 95010.)

So much of Lot 8411, DP 850392, Arthur Street, Rutherford, as is within Zone 2 (a) and shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 49)”: Business premises, being a medical centre. RZ 95013.

Lot 1, DP 780655, Aberglasslyn Lane, Aberglasslyn, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 52)”: Erection of a dwelling house, subject to the Council being satisfied that the dwelling house and any other buildings on the land will be appropriately designed, sited and landscaped, having regard to their visual relationship with Aberglasslyn House and its surroundings. RZ 96010.

Land in DP 972609, Aberglasslyn Road, Rutherford, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 53)”: Subdivision creating three lots each having an area of not less than 1.3 hectares and the erection of a dwelling house on each vacant allotment created, subject to the Council being satisfied that:

•
The new dwelling on the most northern proposed lot will be sited at least 185 metres from the railway line.
•
The new dwelling on the other vacant lot will be located in excess of 200 metres from the railway line.
•
Both dwellings will be constructed using materials and building orientation to reduce the impact of noise levels on the bedroom section of the dwellings. RZ 96007.

Lot 4, DP 787532, Molly Morgan Drive, East Maitland, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 58)”: Shop. RZ 20004.

Lot 8415, DP 884390 and Lots 1–3, Section D, DP 23700, corner of the New England Highway and Arthur Street, Rutherford, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 61)”: Refreshment room; business or office premises with a maximum gross floor area of 460 square metres. RZ 99004

Part of Lot 1, DP 708953, and known as part of No 78 Junction Street, Telarah, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 62)”: Storage ancillary to the operation of the adjoining industrial land use, subject to the provision and maintenance of a 20-metre landscape buffer around the eastern and southern boundary of the site. RZ 20007.

Lot 6, DP 7792, No 253 Newcastle Road, East Maitland, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 68)”: A physiotherapy and hydrotherapy clinic. RZ 01009.

Lot 4, DP 997875 and Lot 648, DP 1007014, corner of Junction Street and Mount Dee Road, Telarah, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 85)”: Educational establishment. RZ 05008.

Lot 4010, DP 1023182, 35 Paterson Road, Bolwarra, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 88)”: Refreshment room. RZ05001.

Schedule 4Classification and reclassification of public land as operational

(Clause 51)

Part 1Land classified, or reclassified, before the application of amendments made to s 30 of LGA 1993

Largs
Dunmore Road	No 2 being Lot 1, DP 831701
Dunmore Road	No 46, being Lot 7, DP 831701
Maitland
Bent Street	Portion 185, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 24)”.
Elgin Street	No 73, being Lot 119 and part of Lot 118, DP 76097, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 23)”.

Rutherford
Melbee and Arthur Streets	Part of Lot 841, DP 774734, as shown edged heavy black on the map marked “Maitland Local Environment Plan 1993 (Amendment No 8)”.
New England Highway and Arthur Street	Lot 8411, DP 850392 and Lot 83, DP 734577, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 49)”. RZ 95013
Telarah
South Street	Part of Lot 15, DP 587731, as shown edged in heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 48)”.

Part 2Interests not changed

Column 1	Column 2
Locality	Description
East Maitland
Molly Morgan Drive	Part of Lot 7, DP 831327, as shown partly edged heavy black and identified as “Operational Land” on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 113)”

Part 3Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
East Maitland
Between Banks and Grant Streets	Lot 21 in a resubdivision, as shown edged heavy black on Sheet 2 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 59)”—Maitland Local Environmental Plan 1993 (Amendment No 59). RZ 20002	Nil.
Molly Morgan Drive	Part of Lot 250, DP 835549, as shown partly edged heavy black and identified as “Operational Land” on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 113)”	Nil.
New England Highway	Part of Lot 22, DP 591803, as shown partly edged heavy black and identified as “Operational Land” on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 113)”	Nil.
Rutherford
East Mall	Lot 104, DP 623458, as shown edged heavy black on Sheet 1 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 59)”—Maitland Local Environmental Plan 1993 (Amendment No 59). RZ 20002	Nil.
Hillview Street	Lot 103, DP 626693, as shown edged heavy black on Sheet 1 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 59)”—Maitland Local Environmental Plan 1993 (Amendment No 59). RZ 20002	Nil.
Hillview Street	Lot 2, DP 30473, as shown edged heavy black on Sheet 1 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 59)”—Maitland Local Environmental Plan 1993 (Amendment No 59). RZ 20005	Nil.
Thornton
Evelyn Crescent	That part of Lot 431, DP 260916, as shown edged heavy black on Sheet 1 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 102)”	Nil.
John Arthur Avenue	Lot 639, DP 262555, as shown edged heavy black on Sheet 2 of the map marked “Maitland Local Environmental Plan 1993 (Amendment No 102)”	Nil.
Woodberry
12 Frewin Avenue	Lot 383, DP 241451, as shown edged heavy black on the map marked “Maitland Local Environmental Plan 1993 (Amendment No 80)”. RZ 04011	Nil.