Mid-Western Regional Interim Local Environmental Plan 2008 (NSW)
This Plan is Mid-Western Regional Interim Local Environmental Plan 2008.
The aims of this Plan are as follows:
(a) to encourage development that builds community pride, reinforces existing social networks and promotes community cohesion and well-being,
(b) to promote development that best balances the interrelated goals of economic prosperity, social equity and environmental quality for the land to which this Plan applies,
(c) to manage urban and rural settlement in a way that achieves the orderly and efficient use of land while maintaining and conserving resources for future generations,
(d) to foster a sustainable and vibrant economy that supports and celebrates the area’s rural, natural and heritage attributes,
(e) to encourage development of the area’s resources and a broadening of its economic base, with particular emphasis on growth of employment generating activities such as retailing, tourism, mining, industries, viticulture and agriculture,
(f) to provide a secure future for agriculture by protection of agricultural land capability and maximise opportunities for sustainable rural and primary production pursuits,
(g) to strengthen the role of Mudgee and Gulgong as the primary service centres serving the surrounding region,
(h) to encourage sound land management practices and to protect land subject to environmental hazards from inappropriate development,
(i) to protect the settings of Mudgee and Gulgong by:
(i) managing the urban/rural interface, and
(ii) preserving land that has been identified for future long term urban development, and
(iii) conserving the significant visual elements contributing to the character of the towns (such as elevated lands and rural landscapes), and
(iv) conserving the visual amenity and rural character of the main road entry corridors into Mudgee and Gulgong,
(j) to promote both the sustainable economic development and the residential amenity of the villages,
(k) to match residential development opportunities with the availability of, and equity of access to, urban and community services and infrastructure,
(l) to achieve the Government endorsed water quality and river flow environmental values of the Cudgegong, Macquarie and Goulburn Rivers,
(m) to protect and conserve the area’s environmental and scenic values and natural features and attributes,
(n) to protect and conserve the area’s indigenous and non-indigenous heritage values.
This Plan applies to the land within the Mid-Western Regional local government area identified on the map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Mid-Western Regional Council.
A reference in this Plan to a map is a reference to a map deposited in the office of the Council.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
This Plan is subject to the provisions of any State environmental planning policy and any regional environmental plan that prevail over this Plan as provided by section 36 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies:
• State Environmental Planning Policy No 1—Development Standards
• State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development (clause 6)
The land use zones under this Plan are as follows:
• Residential Zones • Low Density Residential
• Medium Density Residential
• Rural Residential
• Village
• Rural Zones • Agriculture
• Intensive Agriculture
• Rural Small Holdings
• Investigation
• Business Zones • Neighbourhood Business
• Mixed Use
• Commercial Core
• Industrial Zones • Light Industrial
• General Industrial
• Heavy Industrial
• Special Purpose Zones • Special Uses
• Infrastructure
• Recreation Zones • Local Open Space—Public
• Local Open Space—Private
• Environment Protection Zones • Natural Areas
• Conservation
For the purposes of this Plan, land is within the zones shown on the map.
The Table at the end of this Part specifies for each zone:
(a) the objectives for development, and
(b) development that may be carried out without consent, and
(c) development that may be carried out only with consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Table at the end of this Part:
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
1 Schedule 1 sets out additional permitted uses for particular land.
2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act.
3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4 Clause 15 requires consent for subdivision of land.
5 Parts 5 and 6 contain other provisions which require consent for particular development.
Development may be carried out on unzoned land only with consent.
Before granting consent, the consent authority:
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out:
(a) with consent, or
(b) if the Schedule so provides—without consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with consent.
Clause 36 provides that, subject to an exception, the subdivision of land within the Agriculture Zone is prohibited. Clause 45 provides that, except as provided by subclause (2), the subdivision of land within the Conservation Zone is prohibited.
However, consent is not required for a subdivision for the purpose only of any one or more of the following:
(a) widening a public road,
(b) making an adjustment to a boundary between lots, being an adjustment that does not involve the creation of a greater number of lots,
(c) a minor realignment of boundaries that does not create additional lots or the opportunity for additional dwellings,
(d) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(e) rectifying an encroachment on a lot,
(f) creating a public reserve,
(g) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public conveniences.
Subclause (2) does not apply to land within the Agriculture, Intensive Agriculture, Rural Small Holdings or Investigation Zone.
If a subdivision is exempt development, the Act enables the subdivision to be carried out without consent.
• To provide neighbourhoods of low density housing.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To identify land that can accommodate the future population growth of Mudgee and Gulgong in a manner that both optimises infrastructure planning and delivery and satisfactorily responds to environmental attributes.
• To provide for larger-lot residential development in visually sensitive locations and in buffer areas to adjacent rural zones.
• To protect and improve the amenity of residential neighbourhoods, particularly in terms of limiting the effects of noise, odour, overshadowing, overlooking and vehicular traffic.
• To permit development in residential neighbourhoods that is of a domestic scale and that preserves the character and visual amenity of those neighbourhoods.
• To allow a limited range of non-residential land uses that are low scale and that are compatible with, and would not adversely affect the existing amenity of, lower density residential neighbourhoods.
• To facilitate the provision of a variety of housing types, forms and styles.
• To encourage the relocation of industrial and other incompatible uses out of residential areas.
• To promote development (including subdivision) that minimises the impacts of salinity on infrastructure, buildings and the landscape.
• To promote the development of lower density residential subdivisions that incorporate the principles of water-sensitive urban design, that maximise opportunities for energy efficiency, that create permeable access networks, and provide for (where appropriate) sufficient areas of usable open space.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Advertising structures; Agriculture; Bed and breakfast accommodation; Caravan parks; Child care centres; Community facilities; Craftsman’s studios; Drainage; Dual occupancies—attached; Dwelling houses; Earthworks; Educational establishments; Environmental facilities; Flood mitigation works; Granny flats; Group homes; Home businesses; Home industries; Hospitals; Hostels; Manufactured homes; Neighbourhood shops; Office premises; Places of public worship; Public halls; Public reserves; Recreation areas; Roads; Schools; Seniors housing; Serviced apartments; Signage; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To provide a variety of housing types.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To identify land that can accommodate the future population growth of Mudgee and Gulgong in a manner that both optimises infrastructure planning and delivery and satisfactorily responds to environmental attributes.
• To protect and improve the amenity of residential neighbourhoods, particularly in terms of limiting the effects of noise, odour, overshadowing, overlooking and vehicular traffic.
• To permit development in residential neighbourhoods that is of a domestic scale and that preserves the character and visual amenity of those neighbourhoods.
• To allow a limited range of non-residential land uses that are low scale and that are compatible with, and would not adversely affect the existing amenity of, urban residential neighbourhoods.
• To facilitate the provision of a variety of housing types, forms and styles.
• To encourage the relocation of industrial and other incompatible uses out of residential areas.
• To promote development (including subdivision) that minimises the impacts of salinity on infrastructure, buildings and the landscape.
• To promote the development of urban residential subdivisions that incorporate the principles of water-sensitive urban design, that maximise opportunities for energy efficiency, that create permeable access networks, and that provide for (where appropriate) sufficient areas of usable open space.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Advertising structures; Agriculture; Bed and breakfast accommodation; Boarding houses; Caravan parks; Child care centres; Community facilities; Craftsman’s studios; Drainage; Dual occupancies—attached; Dual occupancies—detached; Dwelling houses; Earthworks; Educational establishments; Environmental facilities; Filling; Flood mitigation works; Funeral chapels; Funeral homes; Granny flats; Group homes; Home businesses; Home industries; Hospitals; Hostels; Hotel accommodation; Manufactured home estates; Manufactured homes; Medical centres; Multi dwelling housing; Neighbourhood shops; Office premises; Places of public worship; Public halls; Public reserves; Recreation areas; Residential flat buildings; Roads; Schools; Seniors housing; Serviced apartments; Signage; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To provide rural residential housing, while preserving environmentally sensitive locations and the scenic quality of the area.
• To ensure that allotments created in rural residential estates do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To permit the development of rural residential allotments adjoining the existing Mudgee and Gulgong urban areas which can be efficiently serviced with reticulated water and sewerage, electricity, telephone and tar sealed roads.
• To encourage low density rural residential activities which maintain the residential amenity and semi-rural character of land within the zone.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Advertising structures; Agriculture; Backpackers’ accommodation; Bed and breakfast accommodation; Caravan parks; Child care centres; Community facilities; Craftsman’s studios; Drainage; Dual occupancies—attached; Dwelling houses; Earthworks; Educational establishments; Environmental facilities; Farm buildings; Flood mitigation works; Granny flats; Group homes; Home businesses; Home industries; Horticulture; Hospitals; Hostels; Intensive plant agriculture; Manufactured homes; Neighbourhood shops; Office premises; Places of public worship; Public halls; Public reserves; Recreation areas; Roads; Schools; Seniors housing; Serviced apartments; Signage; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To provide for a mix of housing, community uses, business and light industries in the villages which combine to provide both a distinct village character and which serve the surrounding rural communities.
• To ensure that development in village areas is compatible with the environmental capability of the land, particularly in terms of the capacity of that land to accommodate on site effluent disposal facilities.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural produce industries; Airports; Animal boarding or training establishments; Backpackers’ accommodation; Biosolid waste applications; Cellar door premises; Commercial vineyards; Extractive industries; Feedlots; Forestry; Hazardous industries; Hazardous storage establishments; Heavy industries; Helipads; Heliports; Home occupation (sex services); Industries; Intensive livestock agriculture; Kiosks; Land fill; Liquid fuel depots; Livestock processing industries; Mining; Offensive industries; Offensive storage establishments; Restricted premises; Road transport terminals; Rural industries; Sewage treatment works; Sex services premises; Tank-based aquaculture.
• To protect and maintain land for agriculture and other rural purposes.
• To avoid the fragmentation of agricultural land and conflict between land uses, and to restrict unnecessary dwellings and incompatible development.
• To provide for other rural land uses, such as mining, extractive industries, forestry and energy generation.
• To provide for the protection, enhancement and conservation of areas of significance for nature conservation, of habitat of threatened species, populations and ecological communities and of other areas of native vegetation.
• To maintain the scenic amenity and landscape quality of the area.
• To promote the sustainable management, use and development of certain land for agriculture, mining and other primary industries.
• To promote the conservation of productive agricultural land for agricultural purposes, particularly cropping and grazing.
• To preserve the area’s open rural landscapes and environmental and cultural heritage values by the maintenance of large holdings accommodating both intensive and extensive forms of agriculture.
• To avoid development that would conflict with or unreasonably impact upon the efficient use of land for rural or other primary industries, such as small lot rural residential subdivision and hobby farms.
• To protect the residential and visual amenity of existing and future residents of rural areas by applying appropriate building siting and design controls.
• To ensure that development does not significantly detract from the existing rural character or create unreasonable or uneconomic demands for provision or extension of public amenities and services.
• To permit some non-agricultural land uses and agricultural support facilities, such as rural industries and tourist facilities, which are in keeping with the other zone objectives and which will not adversely affect agricultural capability or capability of the land the subject of the development (or adjoining land).
• To encourage high quality advertising signs in association with approved uses that provide business identification, that are appropriately integrated into the site development, and that contribute positively to the visual amenity of the surrounding area.
Agriculture; Biosolid waste applications; Bush fire hazard reduction work; Drainage; Environmental protection works; Forestry; Home industries; Home occupations; Public utility undertakings; Restriction facilities; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural machinery showrooms; Backpackers’ accommodation; Boarding houses; Bulky goods premises; Bus stations; Business premises; Car parks; Caravan parks; Child care centres; Dual occupancies—attached; Entertainment facilities; Heavy industries; Home occupation (sex services); Hospitals; Hostels; Hotel accommodation; Industries; Kiosks; Light industries; Manufactured home estates; Medical centres; Motor showrooms; Office premises; Places of public worship; Pubs; Reception centres (except where ancillary to an approved use); Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Restaurants (except where ancillary to an approved use); Restricted premises; Retail premises; Road transport terminals; Seniors housing; Service stations; Sex services premises; Shop top housing; Tourist and visitor accommodation.
• To protect and maintain crop and pasture land that has been identified as suitable for intensive agricultural activities.
• To prevent the inappropriate development of land with a high potential for agricultural productivity.
• To promote the sustainable management, use and development of certain land for intensive agriculture, particularly horticulture, viticulture and irrigation farms for specialised agriculture, which can take advantage of high land quality and availability of a reliable water supply.
• To protect land within the zone from inefficiencies posed by excessive and non-productive improvements, fragmentation of holdings and conflict between land uses.
• To permit some non-agricultural land uses and agricultural support facilities, such as rural industries and tourist facilities, which are in keeping with the other zone objectives and which will not adversely affect agricultural capability and/or capability of the land the subject of the development (or adjoining land).
• To encourage high quality advertising signs in association with approved uses that provide business identification, that are appropriately integrated into the site development, and that contribute positively to the visual amenity of the surrounding area.
• To ensure that development maintains and contributes to the rural character of the locality and to agricultural activity.
• To ensure that development does not create unreasonable or uneconomic demands for the provision or extension of public amenities and services.
• To promote the protection, enhancement and conservation of areas of significance for nature conservation, habitat of threatened species, populations and communities and areas of native vegetation.
• To protect the agricultural capability and visual amenity of intensive agriculture areas by applying appropriate building siting and design controls.
Agriculture; Biosolid waste applications; Bush fire hazard reduction work; Drainage; Environmental protection works; Forestry; Home industries; Home occupations; Public utility undertakings; Restriction facilities; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural machinery showrooms; Airports; Backpackers’ accommodation; Boarding houses; Bulky goods premises; Bus depots; Bus stations; Business premises; Car parks; Caravan parks; Cemeteries; Child care centres; Community facilities; Crematoriums; Dual occupancies—attached; Entertainment facilities; Feedlots; Freight transport facilities; Funeral chapels; Funeral homes; Hazardous industries; Hazardous storage establishments; Heavy industries; Heliports; Home occupation (sex services); Hospitals; Hostels; Hotel accommodation; Industries; Intensive livestock agriculture; Kiosks; Land fill; Light industries; Liquid fuel depots; Livestock processing industries; Manufactured home estates; Materials recycling or recovery centres; Medical centres; Mortuaries; Motor showrooms; Neighbourhood shops; Offensive industries; Offensive storage establishments; Office premises; Places of public worship; Public administration buildings; Pubs; Reception centres (except where ancillary to an approved use); Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Restaurants (except where ancillary to an approved use); Restricted premises; Retail premises; Road transport terminals; Sawmills or log processing works; Seniors housing; Service stations; Sex services premises; Shop top housing; Tourist and visitor accommodation.
• To enable small-scale commercial agriculture.
• To maintain the rural character of the land.
• To provide for rural living opportunities on existing allotments greater than 5 hectares and new allotments of at least 10 hectares as one component in the housing choices available in the area the subject of this Plan.
• To ensure that development maintains and contributes to the rural character of the locality and minimises disturbances to the landscape and to agricultural activity.
• To ensure that development does not adversely affect the rural and residential amenity of the locality.
• To ensure that development in rural living areas is compatible with the environmental capability of the land, particularly in terms of the capacity of that land to accommodate on site effluent disposal facilities.
• To allow a limited range of non-residential and ancillary land uses that are compatible with, and would not adversely affect, the amenity and environmental characteristics of rural small holding areas.
Agriculture; Bush fire hazard reduction work; Drainage; Environmental protection works; Home industries; Home occupations; Public utility undertakings; Restriction facilities; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural machinery showrooms; Airports; Backpackers’ accommodation; Boarding houses; Bulky goods premises; Bus depots; Bus stations; Business premises; Car parks; Caravan parks; Cemeteries; Child care centres; Crematoriums; Dual occupancies—attached; Entertainment facilities; Feedlots; Freight transport facilities; Funeral chapels; Funeral homes; Hazardous industries; Hazardous storage establishments; Heavy industries; Heliports; Home occupation (sex services); Hospitals; Hostels; Hotel accommodation; Industries; Intensive livestock agriculture; Kiosks; Land fill; Light industries; Liquid fuel depots; Livestock processing industries; Manufactured home estates; Materials recycling or recovery centres; Medical centres; Mining; Mortuaries; Motor showrooms; Offensive industries; Offensive storage establishments; Office premises; Public administration buildings; Pubs; Reception centres; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Restaurants; Restricted premises; Retail premises; Road transport terminals; Sawmills or log processing works; Seniors housing; Service stations; Sex services premises; Shop top housing; Tourist and visitor accommodation.
• To protect, and prevent the fragmentation and inappropriate development of, land that may have potential for future urban expansion.
• To identify land adjoining the urban areas of Mudgee and Gulgong which may have the potential for future urban expansion.
• To ensure that adequate site suitability and capability assessment is undertaken prior to redevelopment of this land for urban expansion.
• To ensure that future land use planning in respect of this zone includes an assessment of the availability and viability of necessary infrastructure and servicing.
Agriculture; Bush fire hazard reduction work; Drainage; Environmental protection works; Forestry; Home industries; Home occupations; Public utility undertakings; Restriction facilities; Utility installations.
Advertising structures; Animal boarding or training establishments; Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Craftsman’s studios; Dual occupancies—detached; Dwelling houses; Earthworks; Eco generating works; Environmental facilities; Extractive industries; Farm buildings; Filling; Flood mitigation works; Generating works; Granny flats; Helipads; Home-based child care; Horticulture; Intensive livestock agriculture; Intensive plant agriculture; Manufactured homes; Markets; Plant nurseries; Public reserves; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries; Rural produce sales; Sawmills or log processing works; Sewage treatment works; Spa pools; Swimming pools; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To provide small-scale retail and commercial development that serves the surrounding neighbourhood.
• To ensure a high degree of design is maintained that is consistent with the low density nature of the surrounding development.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural machinery showrooms; Agricultural produce industries; Agriculture; Airports; Animal boarding or training establishments; Biosolid waste applications; Caravan parks; Cellar door premises; Cemeteries; Commercial vineyards; Crematoriums; Extractive industries; Farm buildings; Feedlots; Forestry; Freight transport facilities; Hazardous industries; Hazardous storage establishments; Heavy industries; Helipads; Heliports; Home occupation (sex services); Horticulture; Industries; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Land fill; Liquid fuel depots; Livestock processing industries; Manufactured home estates; Materials recycling or recovery centres; Mining; Motor showrooms; Offensive industries; Offensive storage establishments; Pond based aquaculture; Restricted premises; Restriction facilities; Road transport terminals; Rural industries; Rural produce sales; Sawmills or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Tank-based aquaculture.
• To provide a mixture of compatible land uses.
• To integrate suitable employment, residential, retail and commercial development in accessible locations so as to maximise public transport patronage and encourage travel by foot and bicycle from surrounding areas.
• To ensure a high degree of design is maintained that is consistent with the low density nature of the surrounding development.
• To provide safe and efficient access between the development site and the public road.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural machinery showrooms; Agricultural produce industries; Agriculture; Airports; Animal boarding or training establishments; Biosolid waste applications; Caravan parks; Cellar door premises; Cemeteries; Crematoriums; Extractive industries; Farm buildings; Feedlots; Forestry; Freight transport facilities; Hazardous industries; Hazardous storage establishments; Heavy industries; Helipads; Heliports; Home occupation (sex services); Horticulture; Industries; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Land fill; Liquid fuel depots; Livestock processing industries; Manufactured home estates; Materials recycling or recovery centres; Mining; Motor showrooms; Offensive industries; Offensive storage establishments; Pond based aquaculture; Restricted premises; Restriction facilities; Road transport terminals; Rural industries; Rural produce sales; Sawmills or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Tank-based aquaculture.
• To provide a wide range of retail, commercial and entertainment facilities.
• To promote the town centres of Mudgee and Gulgong as the primary locations for the provision of retail, commercial and other services to the Mid-Western Local Government Area community.
• To promote the central business district of Mudgee as the focus for major retail and commercial undertakings in the Mid-Western Local Government Area.
• To permit the development of a range of land uses that are ancillary to or supportive of the retail and service functions of Mudgee and Gulgong town centres, including tourism and higher density residential land uses.
• To consolidate business development in the town centres and avoid unnecessary or inappropriate expansion of business land uses into surrounding residential neighbourhoods.
• To protect the historic building character and streetscapes of the town centres, and promote new and infill development that complements the scale and built form of existing buildings.
• To promote a safe and efficient network for the movement of pedestrians, cyclists and vehicles in and around the town centres.
• To minimise the loss of existing housing and the intrusion of business-related traffic into surrounding residential areas.
• To encourage relocation of incompatible development out of the town centres and to make sites available predominantly for commercial, retail and community development that is sympathetic to the individual character of the respective town centres.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Agricultural machinery showrooms; Agricultural produce industries; Agriculture; Airports; Animal boarding or training establishments; Biosolid waste applications; Caravan parks; Cellar door premises; Cemeteries; Commercial vineyards; Craftsman’s studios; Crematoriums; Extractive industries; Farm buildings; Feedlots; Forestry; Freight transport facilities; Hazardous industries; Hazardous storage establishments; Heavy industries; Helipads; Heliports; Home occupation (sex services); Horticulture; Industries; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Land fill; Liquid fuel depots; Livestock processing industries; Manufactured home estates; Materials recycling or recovery centres; Mining; Motor showrooms; Offensive industries; Offensive storage establishments; Pond based aquaculture; Restricted premises; Restriction facilities; Road transport terminals; Rural industries; Rural produce sales; Sawmills or log processing works; Service stations; Sewage treatment works; Sex services premises; Stock and sale yards; Tank-based aquaculture.
• To establish a broad range of light industrial land uses.
• To minimise any adverse effect of industry on land uses in other zones.
• To encourage the establishment of new light industry on land which has good road access and can be economically serviced.
• To provide for high quality in the design and landscaping of development fronting Sydney Road and a visually attractive entry point for vehicles entering Mudgee from the south east.
• To identify appropriate locations for the provision of bulky goods premises and major business premises.
• To enable development of non-industrial uses, such as bulky goods premises, along Sydney Road to promote the improvement of the visual aesthetics of the entrance to the town of Mudgee, whilst recognising the dominant retailing role of the central business district of the town.
• To enable development that is associated with, ancillary to or supportive of light industry.
• To encourage the development of light industrial and non-industrial uses that are not compatible with residential or business areas.
• To promote a safe and efficient network for the movement of pedestrians, cyclists and vehicles in and around the industrial areas, and minimise the intrusion of heavy vehicles into nearby residential areas.
Bush fire hazard reduction work; Environmental protection works; Public utility undertakings; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Airports; Animal boarding or training establishments; Backpackers’ accommodation; Bed and breakfast accommodation; Biosolid waste applications; Boarding houses; Business premises; Caravan parks; Cellar door premises; Cemeteries; Child care centres; Craftsman’s studios; Dual occupancies—attached; Dual occupancies—detached; Dwelling houses; Educational establishments; Farm buildings; Feedlots; Granny flats; Group homes; Hazardous industries; Hazardous storage establishments; Heavy industries; Helipads; Heliports; Home occupation (sex services); Hostels; Hotel accommodation; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Land fill; Liquid fuel depots; Livestock processing industries; Manufactured home estates; Manufactured homes; Mining; Offensive industries; Offensive storage establishments; Pond based aquaculture; Reception centres; Registered clubs; Residential flat buildings; Restricted premises; Restriction facilities; Retail premises; Rural produce sales; Schools; Seniors housing; Serviced apartments; Sewage treatment works; Sex services premises; Shop top housing; Tank-based aquaculture.
• To establish a broad range of industrial and warehouse land uses (other than offensive or hazardous industries).
• To minimise any adverse effect of industry on land uses in other zones.
• To encourage the establishment of new industry on land which is well separated from residential areas, has good road and/or rail access and can be economically serviced.
• To encourage a broad range of industries and other land uses that are not compatible with residential or business areas.
• To enable development on land in the zone that is associated with, ancillary to or supportive of an industry.
• To promote a safe and efficient network for the movement of pedestrians, cyclists and vehicles in and around the industrial areas, and minimise the intrusion of heavy vehicles into nearby residential areas.
• To ensure that industrial development creates areas which are pleasant to work in and are safe and efficient in terms of transportation, land utilisation and services distribution.
Bush fire hazard reduction work; Environmental protection works; Public utility undertakings; Utility installations.
Any other development not otherwise specified in Item 2 or 4.
Airports; Animal boarding or training establishments; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Bulky goods premises; Business premises; Caravan parks; Cellar door premises; Cemeteries; Child care centres; Commercial vineyards; Community facilities; Craftsman’s studios; Dual occupancies—attached; Dual occupancies—detached; Dwelling houses; Educational establishments; Farm buildings; Feedlots; Granny flats; Group homes; Hazardous industries; Hazardous storage establishments; Hostels; Hotel accommodation; Intensive livestock agriculture; Intensive plant agriculture; Kiosks; Land fill; Manufactured home estates; Manufactured homes; Medical centres; Mining; Offensive industries; Offensive storage establishments; Office premises; Pond based aquaculture; Pubs; Reception centres; Registered clubs; Residential flat buildings; Restaurants; Restriction facilities; Retail premises; Rural produce sales; Schools; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture.
• To provide suitable areas for those industries that need to be separated from other land uses.
• To encourage employment opportunities.
• To minimise any adverse effect of heavy industry on other land uses.
• To promote development in Ulan that is associated with, or ancillary to, mining.
Roads.
Any other development not otherwise specified in Item 2 or 4.
Agriculture; Airports; Amusement centres; Animal boarding or training establishments; Aquaculture; Biosolid waste applications; Boarding houses; Bulky goods premises; Car parks; Caravan parks; Cemeteries; Child care centres; Community facilities; Craftman’s studios; Dairy (pasture based); Dual occupancies; Dwellings; Educational establishments; Entertainment facilities; Farm buildings; Feedlots; Forestry; Funeral chapels; Funeral homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Home occupations; Home occupations (sex services); Hospitals; Hostels; Intensive livestock agriculture; Intensive plant agriculture; Medical centres; Mortuaries; Multi dwelling housing; Neighbourhood shops; Office premises; Places of public worship; Public administration buildings; Public halls; Pubs; Reception centres; Residential accommodation; Residential care facilities; Residential flat buildings; Restriction facilities; Retail premises; Rural produce sales; Shop top housing; Spa pools; Swimming pools; Tourist and visitor accommodation; Veterinary hospitals; Wineries.
• To permit land uses that are not provided in other zones.
• To recognise the importance of sites with special land uses or natural characteristics.
• To protect and enhance those identified land uses or natural characteristics.
• To allow additional development that will not detract from existing development or have an adverse impact on surrounding land.
Agriculture; Bush fire hazard reduction work; Environmental protection works; Public utility undertakings; Utility installations.
The purpose shown on the map, including any development that is ordinarily incidental or ancillary to development for that purpose.
Drainage; Roads; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To provide for required infrastructure and facilities.
• To prevent the development of the identified land for any uses that are not compatible with or that may detract from the provision of required infrastructure and facilities.
Bush fire hazard reduction work; Environmental protection works; Home-based child care; Public utility undertakings; Utility installations.
The purpose shown on the map, including any development that is ordinarily incidental or ancillary to development for that purpose.
Drainage; Roads; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To enable land that is or is to be owned by the Council to be used for open space or recreational purposes.
• To enable development to be carried out for the recreational needs of the local community.
• To enable related uses that will encourage the enjoyment of the land for recreational purposes.
• To enhance, restore and protect the natural environment for recreational purposes.
Bush fire hazard reduction work; Environmental protection works; Public utility undertakings; Utility installations.
Caravan parks; Child care centres; Community facilities; Drainage; Earthworks; Environmental facilities; Flood mitigation works; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Roads; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To enable land to be used for private open space, recreational and associated purposes.
• To enable development to be carried out for the recreational needs of the local community.
• To enable related uses that will encourage the enjoyment of the land for recreational purposes.
• To enhance, restore and protect the natural environment for recreational purposes.
Bush fire hazard reduction work; Environmental protection works; Public utility undertakings; Utility installations.
Advertising structures; Biosolid waste applications; Business identification signs; Caravan parks; Child care centres; Community facilities; Drainage; Earthworks; Educational establishments; Entertainment facilities; Environmental facilities; Filling; Flood mitigation works; Hotel accommodation; Kiosks; Markets; Public halls; Public reserves; Reception centres; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Restaurants; Restriction facilities; Roads; Schools; Signage; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974.
Uses authorised under the National Parks and Wildlife Act 1974.
Nil.
Any other development not otherwise specified in Item 2 or 3.
• To conserve areas of environmental significance.
• To conserve biological diversity, native vegetation corridors, Aboriginal heritage or other social or cultural values of the areas, and their scenic qualities.
• To prevent development that could destroy or damage areas of environmental, social or cultural significance.
• To protect and preserve the landscape and environmental setting of the local government area of the Mid-Western Region, particularly the forested hill slopes, floodplain and floodways.
• To conserve natural areas and habitats and discourage clearing, subdivision and incompatible development in the zone.
• To ensure that development within this zone adjoining land within the Natural Areas Zone is compatible with the management objectives for that land.
• To ensure that development allowed in the zone will not adversely affect the environmental sensitivity of land in the zone.
• To recognise and conserve areas considered to have historical and archaeological significance, particularly relating to mining heritage.
• To prevent development which might adversely affect such historical and archaeological significance of the areas identified.
• To promote the conservation of productive agricultural land within the floodplain.
• To permit the development of recreational and ancillary land uses which do not result in increased flood hazard and damage potential or adversely affect the amenity of adjoining living areas.
Agriculture; Bush fire hazard reduction work; Environmental protection works; Farm buildings; Home-based child care; Home occupations; Public utility undertakings; Utility installations.
Advertising structures; Backpackers’ accommodation; Bed and breakfast accommodation; Biosolid waste applications; Community facilities; Craftsman’s studios; Drainage; Dual occupancies—detached; Dwelling houses; Earthworks; Eco generating works; Educational establishments; Environmental facilities; Filling; Flood mitigation works; Forestry; Granny flats; Home industries; Manufactured homes; Markets; Mining; Public administration buildings; Public halls; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restriction facilities; Roads; Roadside stalls; Rural produce sales; Signage; Telecommunications facilities.
Any other development not otherwise specified in Item 2 or 3.
Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a) must be of minimal environmental impact, and
(b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development:
(a) the development must:
(i) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(ii) if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, the building must have a current fire safety certificate or fire safety statement or the building must be a building for which no fire safety measures are currently implemented, required or proposed, and
(b) the development must not:
(i) if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii) create interference with the neighbourhood because it is noisy, causes vibrations, or creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iii) be designated development, or
(iv) be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
To be exempt development, the development must be carried out at least one metre from any easement or sewer main.
Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.
The section states that development cannot be complying development if:
(a) it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or
(b) it is on land within a wilderness area (identified under the Wilderness Act 1987), or
(c) the development is designated development, or
(d) the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or in Schedule 5 to this Plan or that is subject to an interim heritage order under the Heritage Act 1977), or
(e) the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995).
The objective of this clause is to identify development as complying development.
Development specified in Schedule 3 that is carried out in compliance with the applicable development standards listed in that Schedule and that complies with the requirements of section 76A (6) of the Act and the requirements of this Part is complying development.
To be complying development, the development must:
(a) be permissible, with consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause:
(a) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or
(b) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(c) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or
(d) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or
(e) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.
Subject to this Plan, consent must not be granted to the subdivision of any land within a zone shown in the Lot Size Table to this clause unless the consent authority is satisfied that the size of any lot resulting from any such subdivision of land is not to be less than the minimum size shown on the Lot Size Table in relation to that land.
This clause does not apply to a subdivision of land in any zone (other than in the Agriculture, Intensive Agriculture, Rural Small Holdings or Investigation Zone) that takes place under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989.
This clause does not apply to a subdivision for the purpose of a public utility undertaking.
Lot Size Table
Zone | Minimum allotment size |
Low Density Residential Zone | 10ha |
Medium Density Residential Zone | 600m |
Rural Residential Zone | 2ha |
Village Zone | 2,000m |
Agriculture Zone | 100ha |
Intensive Agriculture Zone | 20ha |
Rural Small Holdings Zone | 10ha |
Investigation Zone | 400ha |
Light Industrial Zone | 2,000m |
General Industrial Zone | 2,000m |
The height of a building is not to exceed:
(a) on an allotment of land within the heritage conservation area of Mudgee or Gulgong—1 storey and 5 metres in height, or
(b) on any other allotment of land within the Low Density Residential, Medium Density Residential or Rural Residential Zone—2 storeys and 8.5 metres in height.
The objectives of this clause are:
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause or of State Environmental Planning Policy No 1—Development Standards.
Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening the development standard.
Consent must not be granted for development that contravenes a development standard unless:
(a) the consent authority is satisfied that:
(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b) the concurrence of the Director-General has been obtained.
In deciding whether to grant concurrence, the Director-General must consider:
(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b) the public benefit of maintaining the development standard, and
(c) any other matters required to be taken into consideration by the Director-General before granting concurrence.
Consent must not be granted under this clause for a subdivision of land in the Agriculture, Intensive Agriculture, Rural Small Holdings, Investigation, Natural Areas or Conservation Zone if:
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
As of the commencement of this Plan subdivision of land in the Agriculture Zone is prohibited: see clause 36.
After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
This clause does not allow consent to be granted for development that would contravene any of the following:
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 58.
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 (
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.
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 shown as reserved on the map (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).
Type of land shown on map | Authority of the State |
Local Open Space—Public Zone and marked “Local open space” | Council |
Local Open Space—Public Zone and marked “Regional open space” | The corporation constituted under section 8 of the Act |
Infrastructure Zone and marked “Classified road” | Roads and Traffic Authority |
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.
Consent for development on land reserved for the purposes of a classified road may, before the land becomes a classified road, be granted only if:
(a) the development is carried out with the concurrence of the Roads and Traffic Authority (
the RTA ), and(b) the development is of a kind, or is compatible with development of a kind, that may be carried out on land in an adjoining zone.
In deciding whether to grant concurrence to proposed development under this clause, the RTA must take the following matters into consideration:
(a) the need to carry out development on the land for the purposes of a classified road or a proposed classified road,
(b) the imminence of acquisition of the land by the RTA,
(c) the likely additional cost to the RTA resulting from the carrying out of the proposed development.
The objective of this clause is to enable the Council, by means of this Plan, to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993,
The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
The public land described in Part 1 of Schedule 4:
(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant classification Plan and, by the operation of that Plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except:
(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b) any reservations that except land out of the Crown grant relating to the land, and
(c) reservations of minerals (within the meaning of the Crown Lands Act 1989).
In this clause, the
Before the relevant classification Plan inserted a description of land into Part 2 of Schedule 4, the Governor approved of subclause (5) applying to the land.
The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.
This clause does not apply to:
(a) land within the Rural Residential, Agriculture, Intensive Agriculture, Rural Small Holdings, Special Uses, Infrastructure, Local Open Space—Public, Local Open Space—Private, Natural Areas or Conservation Zone, or
(b) land proposed to be developed for the purpose of sex services or restricted premises.
Despite the provisions of this Plan relating to the purposes for which development may be carried out, consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that:
(a) the development is not inconsistent with the objectives for development in both zones, and
(b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
The clause does not prescribe a development standard that may be varied under this Plan.
The objective of this clause is to allow the use of educational establishments and child care centres, including their site and facilities, for other community purposes.
An educational establishment or child care centre (including the site and facilities) may, with consent, be used for any other community purpose, whether or not any such use is a commercial use of the land.
Nothing in this clause requires consent to carry out development on any land if that development could, but for this clause, be carried out on that land without consent.
The objectives of this clause are:
(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and
(b) to prevent or reduce the potential impact of traffic noise and vehicle emissions on development adjacent to classified roads.
Consent must not be granted to the development of land that has a frontage to a classified road unless the consent authority is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and
(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the proposed development as a result of:
(i) the design of the vehicular access to the land, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the proposed development.
The consent authority must not consent to development on land that has a frontage to a classified road unless it is satisfied that the development incorporates mitigation measures to ameliorate potential traffic noise in accordance with any noise control guidelines of the Department of Environment and Climate Change.
The objective of this clause is to ensure that development for the purpose of residential accommodation, places of public worship, hospitals, educational establishments or other noise sensitive buildings in the proximity of operating or proposed railways is not adversely affected by rail noise or vibration.
This clause applies to land comprising, or within 60 metres of, an operating railway line or land reserved for the construction of a railway line (referred in this clause as a
Development consent must not be granted to development:
(a) that is within a rail corridor, and
(b) that the consent authority considers is, or is likely to be, adversely affected by rail noise or vibration,
unless the consent authority is satisfied that the proposed development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.
The objectives of this clause are:
(a) to provide for the effective and on-going operation of airports, and
(b) to ensure that any such operation is not compromised by proposed development within the flight path of an airport.
Development consent is required to erect a building:
(a) that is on land within the flight path of an airport, and
(b) the proposed height of which would exceed the obstacle height limit determined by the Department of the Commonwealth responsible for airports.
Any such consent must not be granted unless the consent authority is satisfied that the building will not constitute an obstruction or hazard to aircraft flying in the vicinity.
Before granting any such consent, the consent authority must consider:
(a) any comment made by that Commonwealth Department within 28 days of its having been given notice of the proposed development by the consent authority, and
(b) any aircraft noise exposure forecasts of that Commonwealth Department, and
(c) whether the proposed use of the building will be adversely affected by aircraft noise.
For the purposes of this clause, the flight path of an airport is such land as is determined to be within that flight path by that Commonwealth Department and notified to the consent authority.
The objective of this clause is to ensure that development for residential purposes, or for any other purpose involving regular human occupation, on land subject to significant exposure to aircraft noise incorporates appropriate mitigation measures.
This clause applies to land where the ANEF contour exceeds 20.
Development consent is required for the erection of a building on land to which this clause applies if it is erected for residential purposes or for any other purpose involving regular human occupation.
Any such consent must not be granted unless the consent authority is satisfied that measures to mitigate aircraft noise will be taken that accord with section 3 of AS 2021.
For the purpose of this clause, the extent of aircraft noise reduction is to be estimated in accordance with clause 3.2.2 of AS 2021.
In this clause:
The objective of this clause is to preserve the amenity of the area through the preservation of trees and other vegetation.
This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council.
A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner.
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by:
(a) development consent, or
(b) a permit granted by the Council.
The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.
This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.
This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.
A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:
(a) that is or forms part of a heritage item, or
(b) that is within a heritage conservation area.
As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 32 will be applicable to any such consent.
This clause does not apply to or in respect of:
(a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or
(b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or
(c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or
(d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or
(e) plants declared to be noxious weeds under the Noxious Weeds Act 1993.
The objectives of this clause are:
(a) to conserve the environmental heritage of the Mid-Western Regional local government area, and
(b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and
(c) to conserve archaeological sites, and
(d) to conserve places of Aboriginal heritage significance.
Development consent is required for any of the following:
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if:
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development:
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority may, before granting consent to any development on land:
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order applies):
(a) notify the Heritage Council of its intention to grant consent, and
(b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:
(a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and
(b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.
The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 5 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):
(a) notify the Heritage Council about the application, and
(b) take into consideration any response received within 28 days after the notice is sent.
The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Plan if the consent authority is satisfied that:
(a) the conservation of the heritage item is facilitated by the granting of consent, and
(b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and
(c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and
(d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
(e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
The objective of this clause is to facilitate the establishment of:
(a) permanent group homes in which disabled persons or socially disadvantaged persons may live in an ordinary residential household environment instead of an institutional environment, and
(b) transitional group homes that provide temporary accommodation for disabled persons or socially disadvantaged persons in an ordinary residential household environment instead of an institutional environment for such purposes as alcohol or drug rehabilitation and half-way rehabilitation for persons formerly living in institutions and refuges for men, women or young persons.
If development for the purpose of a dwelling house or a dwelling in a residential flat building may lawfully be carried out in accordance with this Plan, development for the purposes of a group home may, subject to this clause, be carried out.
Consent is required to carry out development for the purposes of a transitional group home.
Consent is required to carry out development for the purposes of a permanent group home that contains more than 5 bedrooms.
Consent is required to carry out development for the purposes of a permanent group home that contains 5 or less bedrooms and that is occupied by more residents (including any resident staff) than the number equal to the number calculated by multiplying the number of bedrooms in that home by 2.
Consent may not be refused under this clause unless an assessment has been made of the need for the group home concerned.
Nothing in this clause requires consent to be obtained by the Department of Housing (or by a person acting jointly with the Department of Housing) to carry out development for the purposes of a transitional group home.
Nothing in this Plan is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:
(a) the carrying out of development of any description specified in subclauses (2)–(12), or
(b) the use of existing buildings of the Crown by the Crown.
The carrying out by persons carrying on railway undertakings, on land comprised in their undertakings, of:
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
(e) the formation or alteration of any means of access to a road, and
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or
(f) the use of more than 50 square metres of floor area to carry on the light industry,
but does not include bed and breakfast accommodation or sex services premises.
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or
(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation or home occupation (sex services).
(a) the employment of persons other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c) the exhibition of any notice, advertisement or sign, or
(d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
(a) day surgery, day procedures or health consulting rooms,
(b) accommodation for nurses or other health care workers,
(c) accommodation for persons receiving health care or for their visitors,
(d) retail premises or refreshment rooms,
(e) transport of patients, including helipads, ambulance facilities and car parking,
(f) educational purposes or any other health-related use,
(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),
(h) chapels,
(i) hospices,
(j) mortuaries.
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
(a) the cultivation of irrigated crops (excluding irrigated pasture and fodder crops), or
(b) horticulture, or
(c) the cultivation of a commercial vineyard, or
(d) turf farming,
for commercial purposes.
(a) the construction, operation and decommissioning of associated works, and
(b) the rehabilitation of land affected by mining.
The term is defined as follows:
(a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b) a manufactured home, or
(c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
The term is defined as follows:
(1) Native vegetation means any of the following types of indigenous vegetation:(a) trees (including any sapling or shrub, or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
(2) Vegetation is
indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.(3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.
(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Typical pond based aquaculture is the pond culture of prawns, yabbies or silver perch.
The term is defined as follows:
The term is defined as follows:
(a) means entertainment to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission and an entertainment does not cease to be a public entertainment merely because:
(i) some (but not all) persons may be admitted to the entertainment otherwise than on payment of money, or other consideration, as the price or condition of admission, or
(ii) such payment, or other consideration, is demanded as the charge for a meal or other refreshment, or for any other service or thing, before admission to the entertainment is granted or as the charge for the entertainment after admission to the entertainment has been granted, and
(b) includes a public meeting.
The term is defined as follows:
The term is defined as follows:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e) a regional park under the National Parks and Wildlife Act 1974.
The term is defined as follows:
The term is defined as follows:
(a) a public park, or
(b) any land conveyed or transferred to the council under section 340A of the Local Government Act 1919, or
(c) any land dedicated or taken to be dedicated as a public reserve under section 340C or 340D of the Local Government Act 1919, or
(d) any land dedicated or taken to be dedicated under section 49 or 50, or
(e) any land vested in the council, and declared to be a public reserve, under section 37AAA of the Crown Lands Consolidation Act 1913, or
(f) any land vested in the council, and declared to be a public reserve, under section 76 of the Crown Lands Act 1989, or
(g) a Crown reserve that is dedicated or reserved:
(i) for public recreation or for a public cemetery, or
(ii) for a purpose that is declared to be a purpose that falls within the scope of this definition by means of an order published in the Gazette by the Minister administering the Crown Lands Act 1989,
being a Crown reserve in respect of which a council has been appointed as manager of a reserve trust for the reserve or for which no reserve trust has been established, or
(h) land declared to be a public reserve and placed under the control of a council under section 52 of the State Roads Act 1986, or
(i) land dedicated as a public reserve and placed under the control of a council under section 159 of the Roads Act 1993,
and includes a public reserve of which a council has the control under section 344 of the Local Government Act 1919 or section 48, but does not include a common.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking.
In the Land Use Table at the end of Part 2 of the Plan, reception centre does not include a building or place specifically referred to in that Table.
(a) a children’s playground, or
(b) an area used for community sporting activities, or
(c) a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
(a) that relates to the settlement of the area of Mid-Western Regional local government area, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly within the ground.
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
not being a dwelling, hospital or psychiatric facility.
(a) agricultural produce industry, or
(b) livestock processing industry, or
(c) use of composting facilities and works (including to produce mushroom substrate), or
(d) use of sawmill or log processing works, or
(e) use of stock and sale yards, or
(f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise,
undertaken for commercial purposes.
(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.
(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b) the cleaning of motor vehicles,
(c) installation of accessories,
(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e) the ancillary retail selling or hiring of general merchandise or services or both.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows:
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be used, in or in connection with a telecommunications network.
The term is defined as follows:
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.
• Mid-Western Regional Interim Local Environmental Plan 2008 (Amendment No 1)—Sheet 1
• Mid-Western Regional Interim Local Environmental Plan 2008 (Amendment No 3)
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and
(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
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