Mudgee Local Environmental Plan 1998 (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Mudgee Local Environmental Plan 1998.

2Aims, objectives etc(1)

This plan aims to update and consolidate planning controls for the local government area of Mudgee in the one document. To achieve this aim, the Council has replaced all existing planning instruments with a single local environmental plan which provides more flexible controls that are responsive to local needs and land capability and gives the Council greater responsibility for environmental planning.

(2)

The general aims, objectives, policies and strategies of this plan are:

(a)
to encourage sound land management practices and to protect land subject to environmental hazards from inappropriate development and promote sustainable development, and
(b)
to protect land of significant agricultural, natural resource and scenic value, and
(c)
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 tourism, mining, extractive and rural industries and intensive agriculture, and
(d)
to ensure that development is appropriately located having regard to environmental constraints, accessibility and existing land use patterns, and
(e)
to provide for the future long term urban development and protect the existing residential amenity of the towns of Mudgee and Gulgong, and
(f)
to enhance the environmental heritage of the Mudgee local government area and to ensure the conservation of identified items of historic, archaeological, architectural and scientific interest, and
(g)
to provide for the proper control and management of subdivision and other development, consistent with the other aims and objectives of this plan, and
(h)
to ensure that development is adequately serviced in an economic, equitable and efficient manner.

3Land to which plan applies

This plan applies to all land within the Mudgee local government area, as shown on the map, with boundaries as indicated on that map.

4Relationship to other environmental planning instruments

This plan repeals:

(a)
Mudgee Local Environmental Plans Nos 10, 15, 21, 28 and 29, and
(b)
such other deemed environmental planning instruments and local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies.

5Adoption of Model Provisions

The Environmental Planning and Assessment Model Provisions 1980 (except the definitions of agriculture, arterial road, residential flat building and map in clause 4 (1) and clauses 15, 16, 17, 18, 21, 22, 23, 29, 30 and 34) are adopted for the purposes of this plan.

6Interpretation(1)

In this plan:

advertising means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

agriculture means the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry and bees, the production of crops and the growing of fruit, vegetables, nuts and the like, and includes horticulture, but does not include intensive livestock keeping establishments.

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

(a)
make structural changes to the outside of the heritage item, building or work, or
(b)
make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work other than changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

animal boarding and training establishment means a building or place which is used for breeding, boarding, keeping or training animals for commercial purposes and includes a riding school.

appointed day means 30 January 1989.

aquaculture means the commercial production (breeding, hatching, rearing or cultivation) of aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic invertebrates) involving supplemental feeding in tanks, naturally occurring waterbodies or artificial waterbodies.

arterial road means any existing road indicated on the map by a continuous black line.

bed and breakfast establishment means a dwelling-house used for the ancillary purpose of providing overnight accommodation where not more than 4 bedrooms are occupied by paying guests or lodgers (exclusive of the proprietor and the proprietor’s family) at any one time.

bio solid waste application means the application of sludge or other semi-solid products of human sewage treatment plants.

brothel means any premises made available for the purpose of prostitution by a person carrying on the business of providing prostitution services at the premises, and, for the purposes of this definition, prostitution means the provision by a person or persons (whether or not of a different sex) of sexual services in return for payment or other reward.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, or hire or 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 or onto their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs or clothing.

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.

community centre means a building or place owned by the Council or other non-profit body and used for the purpose of any one or more of the following:

(a)
child minding,
(b)
club rooms,
(c)
health and welfare services,
(d)
a library,
(e)
indoor recreation,
(f)
meetings,
(g)
technical or craft space,

or used for any like purpose.

community markets means use of a place for the gathering of people for the purpose of purchasing and sale of merchandise, where the principal organiser is the local community.

conservation area means land in the town of Gulgong shown edged in broken black on the map.

Council means the Council of the Mudgee local government area.

craftsman’s studio means a building or place used for the purpose of carrying out any occupation involving craft or artwork by not more than 3 persons, and which does not involve interference with the amenity of the neighbourhood.

demolition, in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, in whole or in part.

existing holding means:

(a)
except as provided by paragraph (b), land comprised of the area of a lot, portion or parcel which has the same boundaries as it had, and was not owned with any adjoining or adjacent land owned by the same person or persons at 29 November 1967, or
(b)
where, as at 29 November 1967, the same person or persons owned 2 or more adjoining or adjacent lots, portions or parcels of land, land comprised of the aggregation of the areas of those lots, portions or parcels as they were on that date, and
(c)
any such land from which part has been excised for a public road or use for a public purpose.

flood prone land means land shown hatched on the map.

floodway means an area where a significant volume of water flows during floods.

heritage item means a building, work, relic, tree or place listed in Schedule 1.

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

home child care means the provision, in a dwelling, of care for up to seven children (who may include the care giver’s own children) on the premises where the care giver resides.

intensive agriculture means the permanent cultivation by irrigation of fruit, vegetables, nuts and the like and includes horticulture, but does not include use of land for the purpose of an intensive livestock keeping establishment.

intensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing excluding temporary feeding during and as a result of drought, fire, flood or similar emergency and, without limiting the generality of the foregoing, includes:

(a)
feed lots, and
(b)
piggeries, and
(c)
poultry farms,

but does not include an animal boarding and training establishment or land used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.

major commercial premises means a building or place used as an office or other business for commercial purposes, being a building or place having a gross floor area exceeding 2,500 metres but does not include major retail premises.

major retail premises means:

(a)
a supermarket or department store, or
(b)
a shop or group of adjoining shops (other than bulky goods sales rooms or showrooms) having, or together having, a gross floor area exceeding 2,500 square metres.

prime crop and pasture land means land identified as Class 1, Class 2 or Class 3 or as land of merit for special agricultural uses, on an agricultural classification map prepared by NSW Agriculture and deposited in the Council’s office, but does not include land identified to the Council as not being prime crop and pasture land by the Director-General of the Department of Agriculture.

recreation area means:

(a)
a children’s playground, or
(b)
an area used for sporting activities or sporting facilities, or
(c)
an area used by the Council to provide recreational facilities to promote the physical, cultural or intellectual welfare of the community, or
(d)
an area used by a body of persons associated for the purpose of promoting the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose.

relic means any deposit, object or material evidence relating to the use or settlement of the land to which this plan applies and which is 50 or more years old.

renovation, in relation to a building or work, means:

(a)
the making of structural alterations to the inside or outside of the building or work, or
(b)
the making of non-structural changes to the fabric or appearance of the outside of the building or work, whether or not by making changes to the outside that involve the repair, painting, plastering or other decoration of the building or work.

residential flat building means a building containing 3 or more dwellings.

restaurant means premises the principal purpose of which is the provision of food and drink to people for consumption on the premises, or the provision of take-away food and drink, or both.

the map means the map marked “Mudgee Local Environmental Plan 1998” as amended by the maps, or the sheets of maps, marked as follows:

Editorial note—

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

•
Mudgee Local Environmental Plan 1998 (Amendment No 1)
•
Mudgee Local Environmental Plan 1998 (Amendment No 6)
•
Mudgee Local Environmental Plan 1998 (Amendment No 9)

veterinary clinic means a building or place used by a veterinary practitioner for the purpose of dealing with the prevention, cure, treatment or alleviation of disease or injury in animals.

(2)

In this plan:

(a)
a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and
(b)
a reference to a map is a reference to a map deposited in the office of the Council, and
(c)
a reference to land within a zone specified in clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified.

(3)

The definitions in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980 adopted by clause 5 apply, except to the extent that they are inconsistent with subclause (1).

(4)

Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.

7Consent authority

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

Part 2General restrictions on development8Zones indicated on the map

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner specified below in relation to that zone:

•
Zone No 1 (a) (General Rural)—coloured Straw and lettered “1 (a)”.
•
Zone No 1 (a1) (Intensive Agriculture)—coloured Light Olive-Green and lettered “1 (a1)”.
•
Zone No 1 (c1) (Small Holdings)—coloured Beige and lettered “1 (c1)”.
•
Zone No 1 (c2) (Rural—Residential)—coloured Light Orange and lettered “1 (c2)”.
•
Zone No 1 (f) (Forests)—coloured Dark Green and lettered “1 (f)”.
•
Zone No 2 (a) (Residential)—coloured Pink and lettered “2 (a)”.
•
Zone No 2 (c) (Urban Release Area)—coloured Candy Pink and lettered “2 (c)”.
•
Zone No 2 (v) (Village Area)—coloured Peach and lettered “2 (v)”.
•
Zone No 3 (a) (Business)—coloured Light Blue and lettered “3 (a)”.
•
Zone No 4 (a) (Industrial)—coloured Dark Purple and lettered “4 (a)”.
•
Zone No 4 (b) (Light Industrial)—coloured Light Purple and lettered “4 (b)”.
•
Zone No 5 (a) (Special Uses)—coloured Yellow and lettered “5 (a)” and with black lettering indicating the particular use for the land.
•
Zone No 5 (b) (Special Uses Railway)—coloured Blue-Purple and lettered “5 (b)”.
•
Zone No 6 (a) (Existing Recreation)—coloured Light Green and lettered “6 (a)”.
•
Zone No 6 (b) (Private Recreation)—coloured Yellow Green, edged heavy black and lettered “6 (b)”.
•
Zone No 7 (a) (Environment Protection—Floodplain)—coloured Dark Orange and lettered “7 (a)”.
•
Zone No 7 (b) (Environment Protection—Nature Conservation)—coloured Brown and lettered “7 (b)”.
•
Zone No 7 (h) (Environment Protection—Mining Heritage)—coloured Light Brown and lettered “7 (h)”.
•
Zone No 8 (a) (National Parks and Nature Reserves (Existing))—uncoloured, edged Dark Green and lettered “8 (a)”.
•
Zone No 9 (a) (Proposed Road and Road Widening)—coloured Bronze.
•
Zone No 9 (c) (Proposed Public Open Space)—coloured Dark Olive-Green and lettered “9 (c)”.

9Zone objectives and development control table(1)

The objectives of a zone are set out in the Table to this Part under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)

Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this Part:

(a)
development specified under the heading “Without development consent” may be carried out without development consent, and
(b)
development specified under the heading “Only with development consent” may be carried out only with development consent, and
(c)
development specified under the heading “Advertised development—only with development consent” may be carried out only with development consent granted after the provisions of subclause (3) have been complied with, and
(d)
development specified under the heading “Prohibited” must not be carried out.

(3)

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act, as in force on 30 June 1998, apply to and in respect of development (not being designated development) referred to in subclause (2) (c) in the same way as those provisions applied to and in respect of designated development, unless the proposed development is a change of use or (in the opinion of the Council) is of a minor nature which does not, to any significant extent, change the scale, size or degree of the existing development.

(4)

Except as otherwise provided by this plan, the Council must not grant consent to the carrying out of development on land to which this plan applies unless the Council has considered the objectives of the zone applying to that land and the extent to which the proposed development is consistent with those objectives.

10Land shown uncoloured

Despite any other provisions of this plan development must not be carried out within the Mudgee local government area, on land shown uncoloured on the map, without the consent of the Council.

(General Rural)1Objectives of zone

The objectives of this zone are:

(a)
to promote the conservation of productive agricultural land for cropping and grazing, and
(b)
to discourage fragmentation of landholdings into holdings which are inadequate to support commercial farming practices, and
(c)
to permit the development of appropriate agricultural land uses and prevent development of inappropriate non-agricultural land uses, such as small lot rural-residential subdivision, and
(d)
to permit the development of mines and extractive, offensive and hazardous industries, but only in an environmentally acceptable manner, and
(e)
to encourage consolidation of existing allotments that are too small to support commercial farms and their development into productive commercial farmholdings, and
(f)
to ensure that development does not significantly detract from existing rural character or create unreasonable or uneconomic demands for provision or extension of public amenities and services, and
(g)
to permit some non-agricultural land uses and agricultural support facilities, such as rural industries, tourist facilities and the like, which are in keeping with the other zone objectives and which will not adversely affect agricultural productivity.

2Without development consent

Development for the purpose of—agriculture (other than use of intensive livestock keeping establishments); drainage; forestry; home occupations; open space.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on signs (other than tourist signs and signs displaying only notices related to the purpose for which the land is used); aquaculture; car repair stations.

5Prohibited

Development for the purpose of—boarding-houses; brothels; bulky goods sales rooms or showrooms; commercial premises (other than retail plant nurseries); industries (other than extractive industries, home industries, offensive or hazardous industries or rural industries); major commercial premises; major retail premises; motor showrooms; residential flat buildings; shops (other than general stores); warehouses.

(Intensive Agriculture)1Objectives of zone

The objectives of this zone are:

(a)
to encourage 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, and
(b)
to ensure that new rural holdings created by subdivision are of a suitable size for their proposed purpose, and
(c)
to ensure that development does not detract from the existing rural character or create unreasonable or uneconomic demands for the provision or extension of public amenities and services, or create unnecessary disturbance to the landscape through clearing, earthworks, access roads and the like, and
(d)
to permit some non-agricultural land uses and agricultural support facilities, such as rural industries, tourist facilities and the like, which are in keeping with the other zone objectives and which will not adversely affect agricultural productivity.

2Without development consent

Development for the purpose of—agriculture (other than use of intensive livestock keeping establishments); drainage; forestry; home occupations; open space.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on signs (other than tourist signs and signs displaying only notices related to the purpose for which the land is used); aquaculture; tourist facilities (except where such facilities are associated with an existing winery, horse stud or agricultural use of the land).

5Prohibited

Development for the purpose of—abattoirs; boarding-houses; brothels; bulky goods sales rooms or showrooms; caravan parks; car repair stations; commercial premises (other than retail plant nurseries); hotels; industries (other than home industries or rural industries); intensive livestock keeping establishments; junk yards; liquid fuel depots; major commercial premises; major retail premises; motor showrooms; residential flat buildings; sawmills; shops; stock and sale yards; taverns; transport terminals.

(Small Holdings)1Objectives of zone

The objectives of this zone are:

(a)
to permit development of rural small holdings accessible to the urban areas of Mudgee and Gulgong, and
(b)
to ensure that development maintains and contributes to the rural character of the locality and minimises disturbances to the landscape and to agricultural activity, and
(c)
to ensure that development does not adversely affect the rural and residential amenity of the locality, and
(d)
to make provision for a reasonable range of suitable activities associated with residential occupation of the land.

2Without development consent

Development for the purpose of—agriculture (other than use of intensive livestock keeping establishments); drainage; home occupations; open space.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on structures (other than tourist signs and signs displaying only notices related to the purpose for which the land is used); aquaculture; car repair stations.

5Prohibited

Development for the purpose of—abattoirs; boarding-houses; brothels; bulk stores; bulky goods sales rooms or showrooms; caravan parks; clubs; commercial premises (other than retail plant nurseries); hotels; industries (other than home industries or rural industries); institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; major commercial premises; major retail premises; mines; motels; motor showrooms; offensive or hazardous industries; residential flat buildings; sawmills; service stations; shops (other than general stores); stock and sale yards; taverns; timber yards; warehouses.

(Rural—Residential)1Objectives of zone

The objectives of this zone are:

(a)
to allow the creation of rural-residential allotments of various sizes, ranging in size between 2 and 10 hectares, to provide a greater choice of housing types, and
(b)
to permit the development of rural-residential lots adjoining the existing Mudgee and Gulgong urban areas which can be efficiently serviced with town water and sewerage, electricity, telephone and tar sealed roads, and
(c)
to encourage low density rural-residential and related activities which maintain the residential amenity and semi-rural character of land within the zone, and
(d)
to ensure that allotments created in the zone do not hinder the proper and orderly development of future urban areas.

2Without development consent

Development for the purpose of—drainage; home occupations; open space.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on structures (other than signs displaying notices relating to the purpose for which the land is used); animal boarding and training establishments; boarding-houses; caravan parks; clubs; educational establishments; gas holders; generating works; places of assembly; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings; roadside stalls; tourist facilities; veterinary clinics.

5Prohibited

Development for the purpose of—abattoirs; aquaculture; brothels; bulk stores; bulky goods sales rooms or showrooms; bus stations; car repair stations; commercial premises (other than retail plant nurseries); container depots; heliports; hotels; industries (other than home industries); institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; machinery showrooms; major commercial premises; major retail premises; mines; motels; motor showrooms; plant depots; road transport terminals and depots; sawmills; service stations; shops (other than general stores not exceeding 100 square metres in gross floor area); stock and sale yards; taverns; timber yards and places used for builders’ supplies; transport terminals; warehouses.

(Forests)1Objectives of zone

The objectives of this zone are:

(a)
to recognise and define the boundaries of existing State forests, and
(b)
to permit the continued use of State forests for forestry purposes and other uses authorised by the Forestry Act 1916.

2Without development consent

Any development authorised under the Forestry Act 1916, and any development ordinarily incidental or ancillary to such development (including roads constructed by or on behalf of the Forestry Commission).

3Only with development consent

Development for the purpose of—agriculture (other than use of intensive livestock keeping establishments); bio solid waste application; drainage; extractive industries; mines; open space; roads (other than roads constructed by or on behalf of the Forestry Commission).

4Advertised development—only with development consent

Nil.

5Prohibited

Any development not included in Item 2 or 3.

(Residential)1Objectives of zone

The objectives of this zone are:

(a)
to protect and improve residential amenity, encourage appropriate infill development and preserve the scale and character of residential areas, and
(b)
to encourage a variety of housing types, including residential flat buildings and dual occupancy which are compatible with existing residential densities, and
(c)
to encourage the relocation of industrial and other incompatible uses out of residential areas.

2Without development consent

Development for the purpose of—drainage; home occupations; open space.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on structures (other than signs displaying notices relating to the purpose for which the land is used); bulk stores; bus depots; bus stations; car repair stations; clubs; commercial premises; community centres; container depots; gas holders; generating works; helipads; heliports; hotels; industries (other than home industries or offensive or hazardous industries); institutions; machinery showrooms; motor showrooms; places of assembly; plant depots; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; roadside stalls; service stations; shops (other than general stores not exceeding 100 square metres in gross floor area); taverns; timber yards and places used for builders’ supplies; tourist facilities (other than caravan parks and motels); transport terminals and depots; veterinary clinics; warehouses.

5Prohibited

Development for the purpose of—abattoirs; animal boarding and training establishments; aquaculture; brothels; bulky goods sales rooms or showrooms; extractive industries; intensive livestock keeping establishments; junk yards; liquid fuel depots; major commercial premises; major retail premises; mines; offensive or hazardous industries; sawmills; stock and sale yards.

(Urban Release Area)1Objectives of zone

The objectives of this zone are:

(a)
to identify areas suitable for new residential and compatible ancillary development, including local shopping facilities, and
(b)
to regulate the subdivision and use of land so as to discourage development which could prejudice future servicing arrangements and general residential amenity, and
(c)
to accommodate future urban expansion in a logical and efficient manner by means of a development control plan, and
(d)
to encourage the relocation of industrial and other incompatible uses out of future residential areas.

2Without development consent

Development for the purpose of—drainage; home occupations; open space; roads.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on structures (other than signs displaying notices relating to the purpose for which the land is used); bulk stores; bus depots; bus stations; car repair stations; clubs; commercial premises; community centres; container depots; gas holders; generating works; helipads; heliports; hotels; industries (other than home industries or offensive or hazardous industries); institutions; machinery showrooms; motor showrooms; places of assembly; plant depots; recreation establishments; recreation facilities; refreshment rooms; retail plant nurseries; road transport terminals and depots; roadside stalls; service stations; shops (other than general stores not exceeding 100 square metres in gross floor area); taverns; timber yards and places used for builders’ supplies; tourist facilities (other than caravan parks and motels); transport terminals; veterinary clinics; warehouses.

5Prohibited

(Village Area)1Objectives of zone

The objective of this zone is to allow for future development of residential, commercial or light industry associated with residents of the villages of Hargraves, Lue, Windeyer and Wollar and surrounding rural communities.

2Without development consent

Development for the purpose of—home occupations; open space.

3Only with development consent

Any development not included in Item 2 or 5.

4Advertised development—only with development consent

Nil.

5Prohibited

Development for the purpose of—all industries (other than light industries); brothels; bulky goods sales rooms or showrooms; intensive livestock keeping establishments; major commercial premises; major retail premises.

(Business)1Objectives of zone

The objectives of this zone are:

(a)
to maintain the central business district of the town of Mudgee as the retailing and commercial focus of the local government area of Mudgee, and
(a1)
to concentrate major commercial undertakings within the local government area of Mudgee in the central business district of the town of Mudgee, and
(b)
to improve and consolidate the town centre of Gulgong, and
(c)
to encourage the safe and efficient movement of pedestrian and vehicular traffic, and
(d)
to permit the development of a wide range of land uses which are ancillary to or supportive of the retail and service functions of the towns, and
(e)
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.

2Without development consent

Development for the purpose of—drainage; open space.

3Only with development consent

Any development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on structures (other than signs displaying notices relating to the purpose for which the land is used); industries (other than home industries and light industries).

5Prohibited

Development for the purpose of—brothels; gas holders; generating works; helipads; heliports; institutions; junk yards; liquid fuel depots; mines; offensive or hazardous industries; sawmills; stock and sale yards; transport terminals.

(Industrial)1Objectives of zone

The objectives of this zone are:

(a)
to encourage the establishment of new industry on land which is well separated from residential areas, has good road and rail access and can be economically serviced, and
(b)
to encourage a broad range of industries and associated land uses not compatible with residential or business areas, and
(c)
to enable development that is associated with, ancillary to or supportive of an industry, and
(d)
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.

2Without development consent

Development for the purpose of—drainage; open space.

3Only with development consent

Any development not included in Item 2 or 4.

4Advertised development—only with development consent

Development for the purpose of—boarding-houses; brothels; caravan parks; commercial premises (other than timber yards and places used for builders’ supplies); container depots; dwelling-houses (used in conjunction with other buildings, places or land uses included in this item); educational establishments; gas holders; generating works; helipads; heliports; hospitals; hotels; institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; mines; motels; offensive or hazardous industries; places of assembly; professional chambers; recreation establishments; residential flat buildings; roadside stalls; sawmills; stock and sale yards; waste disposal depots.

5Prohibited

Development for the purpose of—bulky goods sales rooms or showrooms; major commercial premises; major retail premises.

(Light Industrial)1Objectives of zone

The objectives of this zone are:

(a)
to recognise existing light industry and to encourage the establishment of new light industry on land which has good road access and can be economically serviced, and
(b)
to enable development that is associated with, ancillary to or supportive of light industry, and
(c)
to encourage the development of light industrial and non-industrial uses not compatible with locations in residential and business areas, and
(d)
to ensure that development creates areas which are pleasant to work in and are safe and efficient in terms of transportation, land utilisation and services distribution, and
(e)
to enable development of non-industrial uses, such as bulky goods sales rooms or showrooms, 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.

2Without development consent

Development for the purpose of—drainage; open space.

3Only with development consent

Any development not included in Item 2 or 4.

4Advertised development—only with development consent

Development for the purpose of—boarding-houses; bulky goods sales rooms or showrooms; caravan parks; commercial premises (other than timber yards and places used for builders’ supplies); container depots; dwellings (used in conjunction with other buildings, places or land uses included in this item); educational establishments; gas holders; generating works; helipads; heliports; hospitals; hotels; institutions; intensive livestock keeping establishments; junk yards; liquid fuel depots; major commercial premises; mines; motels; offensive or hazardous industries; places of assembly; professional chambers; recreation establishments; residential flat buildings; roadside stalls; sawmills; shops (other than shops for the retailing of bulky goods); stock and sale yards; units for aged persons; waste disposal depots.

5Prohibited

Development for the purpose of—brothels; major retail premises; shops (unless ancillary to development permitted in the zone or catering to the local needs of the industrial area).

(Special Uses)1Objectives of zone

The objectives of this zone are to identify and maintain land required for particular uses, usually of a public nature, necessary to provide essential services to the community.

2Without development consent

Development for the purpose of—community markets.

3Only with development consent

Development for the purpose of—the particular building, work, place or land use (other than gas holders or generating works) indicated by lettering on the map; utility installations.

4Advertised development—only with development consent

Development not included in Item 2 or 3.

5Prohibited

Development for the purpose of—brothels; bulky goods sales rooms or showrooms; major commercial premises; major retail premises.

(Special Uses Railway)1Objectives of zone

The objective of this zone is to identify land required for the provision of railway services.

2Without development consent

Development for the purpose of—drainage; open space; railways (including anything authorised under Division 2 of Part 2 of the Transport Administration Act 1988); roads; utility installations (other than gas holders and generating works).

3Only with development consent

Nil.

4Advertised development—only with development consent

Any development not included in Item 2.

5Prohibited

Nil.

(Existing Recreation)1Objectives of zone

The objectives of this zone are:

(a)
to recognise, define and protect areas in public ownership which are used for the purpose of recreation and associated facilities, and
(b)
to permit and encourage continued development of recreational and sporting facilities in the zone, and
(c)
to ensure that development:
- (i)
  is for a purpose that promotes or is related to the use and enjoyment of open space, and
- (ii)
  does not substantially diminish public use of or access to open space, and
- (iii)
  does not adversely affect the natural environment, any items or areas of heritage significance or the existing amenity of the area.

2Without development consent

Development for the purpose of—drainage; works carried out for landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Development for the purpose of—agriculture; bio solid waste application; buildings used for landscaping, gardening, public reserves or bushfire hazard reduction; community centres; public reserves; public utility undertakings; recreation areas; restaurants; roads; utility installations (other than gas holders or generating works).

4Advertised development—only with development consent

Development for the purpose of—clubs; community buildings; recreation establishments; recreation facilities; refreshment rooms; tourist facilities.

5Prohibited

Any development not included in Item 2, 3 or 4.

(Private Recreation)1Objectives of zone

The objectives of this zone are:

(a)
to identify and zone areas for private recreational use and associated clubs, and
(b)
to permit continued development of recreational, club and sporting facilities on land in this zone.

2Without development consent

Development for the purpose of—drainage; works carried out for landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Development for the purpose of—bio solid waste application; clubs; community centres; dwelling-houses; motels; public utility undertakings; recreation areas; recreation establishments; recreation facilities; restaurants; roads; tourist facilities; utility installations (other than gas holders or generating works).

4Advertised development—only with development consent

Nil.

5Prohibited

Any development not included in Item 2 or 3.

(Environment Protection—Floodplain)1Objectives of zone

The objectives of this zone are:

(a)
to identify land that is in a floodplain or floodway, or both, and
(b)
to promote the conservation of productive agricultural land within the floodplain, and
(c)
to ensure development and use of the Cudgegong River floodplain is compatible with the natural conservation and landscape values of the riverine environment, and
(d)
to permit the development of appropriate agricultural, 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, and
(e)
to discourage the siting of further buildings on land identified as flood prone and, in the event of any structure being allowed, to ensure that floor levels are above projected flood levels.

2Without development consent

Development for the purpose of—agriculture (other than intensive livestock keeping establishments); drainage; open space.

3Only with development consent

Development not included in Item 2, 4 or 5.

4Advertised development—only with development consent

Development for the purpose of—advertising on structures (other than signs displaying notices relating to the purpose for which the land is used); community centres; gas holders; generating works; heliports; mines; recreation establishments; recreation facilities; refreshment rooms; roadside stalls; tourist facilities.

5Prohibited

Development for the purpose of—animal boarding and training establishments; automotive businesses; boarding-houses; brothels; bulk stores; bulky goods sales rooms or showrooms; bus stations; caravan parks; clubs; commercial premises (other than retail plant nurseries); container depots; dwellings; educational establishments; hotels; industries (other than home industries or rural industries); intensive livestock keeping establishments; institutions; junk yards; liquid fuel depots; machinery showrooms; major commercial premises; major retail premises; motels; motor showrooms; places of assembly; plant depots; residential flat buildings; road transport terminals and depots; sawmills; service stations; shops; stock and sale yards; taverns; timber yards and places used for builders’ supplies; transport terminals; veterinary clinics; warehouses.

(Environment Protection—Nature Conservation)1Objectives of zone

The objectives of this zone are:

(a)
to protect and preserve the landscape and environmental setting of the local government area of Mudgee, particularly the forested hill slopes, and
(b)
to conserve natural areas and habitats and discourage clearing, subdivision and incompatible development in the zone, and
(c)
to ensure that development in this zone adjoining land within Zone No 8 (a) is compatible with the management objectives for that land, and
(d)
to ensure that development allowed in the zone will not adversely affect the environmental sensitivity of land in the zone.

2Without development consent

Development for the purpose of—agriculture (other than agriculture that involves the clearing of land).

3Only with development consent

Development for the purpose of—bio solid waste application; drainage; dwelling-houses; environment protection works; forestry; home industries; landscaping; open space; roads; recreation areas; utility installations (other than gas holders and generating works).

4Advertised development—only with development consent

Development for the purpose of—agriculture (other than intensive livestock keeping establishments) that involves the clearing of land; extractive industries; forestry; land clearing; mines; recreation establishments; recreation facilities; retail plant nurseries; tourist facilities.

5Prohibited

Any development not included in Item 2, 3 or 4.

(Environment Protection—Mining Heritage)1Objectives of zone

The objectives of this zone are:

(a)
to recognise and conserve areas considered to have historical and archaeological significance, particularly relating to mining heritage, and
(b)
to prevent development which might adversely affect such historical and archaeological significance of the areas identified.

2Without development consent

Development for the purpose of—agriculture (other than agriculture that involves the clearing of land); any land use authorised by or under the National Parks and Wildlife Act 1974, including any land use ordinarily incidental or ancillary to such a land use.

3Only with development consent

Development for the purpose of—bio solid waste application; drainage; dwellings; environment protection works; forestry; home industries; landscaping; open space; roads; recreation areas; utility installations (other than gas holders and generating works).

4Advertised development—only with development consent

Development for the purpose of—agriculture (other than intensive livestock keeping establishments) that involves the clearing of land; land clearing; extractive industries; mines; recreation establishments; recreation facilities; retail plant nurseries; tourist facilities.

5Prohibited

Any development not included in Item 2, 3 or 4.

(National Parks and Nature Reserves (Existing))1Objectives of zone

The objectives of this zone are:

(a)
to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974 as national parks, nature reserves, historic sites, Aboriginal places and State game reserves, and
(b)
to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.

2Without development consent

Development for the purpose of—any land use authorised by or under the National Parks and Wildlife Act 1974, including any land use ordinarily incidental or ancillary to such a land use.

3Only with development consent

Nil.

4Advertised development—only with development consent

Nil.

5Prohibited

Any development not included in Item 2.

(Proposed Road and Road Widening)1Objectives of zone

The objective of this zone is to provide for the opening of new roads and the widening of existing roads as identified on the map.

2Without development consent

Nil.

3Only with development consent

Development for the purpose of—bio solid waste application; drainage; open space; public utility undertakings; roads; utility installations (other than gas holders or generating works).

4Advertised development—only with development consent

Nil.

5Prohibited

Any development not included in Item 3.

(Proposed Public Open Space)1Objectives of zone

The objectives of this zone are to identify and reserve land for future open space and recreational needs.

2Without development consent

Development for the purpose of—drainage; works carried out for landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Development for the purpose of—agriculture; bio solid waste application; buildings used for landscaping, gardening, public reserves or bushfire hazard reduction; public utility undertakings; recreation areas; roads; utility installations (other than gas holders or generating works).

4Advertised development—only with development consent

Development for the purpose of—clubs; community buildings; recreation establishments; recreation facilities; refreshment rooms; tourist facilities.

5Prohibited

Any development not included in Item 2, 3 or 4.

Part 3Special provisionsDivision 1Subdivision11Subdivision generally(1)

A person must not subdivide land to which this plan applies without the consent of the Council, except for a subdivision:

(a)
to make minor boundary adjustments and which does not create any additional allotments, or
(b)
to consolidate existing allotments, or
(c)
to allow for road widening, or
(d)
to allow for the closure of unformed roads and transfer of the land concerned to the owners of adjoining properties.

(2)

The Council must not consent to the subdivision of land on which is situated:

(a)
a heritage item, or
(b)
a building or work which is, in the opinion of the Council, of heritage significance,

unless it has made an assessment of the effect that the subdivision of that land is likely to have on the item, building or work.

(3)

Where a subdivision of land within a rural zone is proposed, the Council must, in assessing the proposal, have regard to:

(a)
the intended use (in the opinion of the Council) of the allotments to be created by the subdivision and whether the areas and ratios of depth to frontage of the allotments to be created are appropriate for that use, and
(b)
if the land to be subdivided has frontage to a main or arterial road—minimising the number of allotments to be created as a result of the subdivision which will have vehicular access to the main or arterial road, and locating any new access points in safe positions, and
(c)
whether the subdivision will adversely affect the future recovery of mineral resources, and
(d)
whether the subdivision will to any significant extent increase the potential for ribbon development along any road, and
(e)
whether the subdivision is designed to:
- (i)
  maximise the retention of natural vegetation in any subsequent development (except in the case of agriculture or forestry), and
- (ii)
  ensure that any buildings likely to be erected on allotments to be created by the subdivision are able to be sufficiently separated to maintain the rural character of the locality, and
- (iii)
  minimise the potential for significant alterations to the natural land form in any subsequent development by way of the construction of access driveways, excavations, filling and the like, and
(f)
whether adequate all-weather and flood-free access will be available to each allotment to be created as a result of the subdivision, and
(g)
whether each allotment to be created as a result of the subdivision will include flood-free land for building sites and for the movement during floods of any stock that might be on the allotment, and
(h)
whether each allotment to be created as a result of the subdivision will provide potential building sites with minimum risk of damage by bushfires, and
(i)
whether adequate soil erosion control measures will be taken in respect of the land to be subdivided, including measures prior to the subdivision, and
(j)
whether the subdivision will affect the agricultural land use capability of adjacent land or other land in the locality.

12Subdivision of land within Zone No 1 (a)(1)

This clause applies to land within Zone No 1 (a).

(2)

The Council must not consent to the subdivision of land so that it may be used for the purpose of the erection of a dwelling-house unless each allotment to be created by the subdivision has:

(a)
an area of not less than 100 hectares, and
(b)
frontage to a public road of not less than 400 metres.

(3)

Subclause (2) does not prevent the Council from consenting to the subdivision of a holding that existed at the appointed day, so as to create an allotment having an area of not less than 2 hectares, and no larger than is reasonably required for the purpose for which the allotment is to be used, where:

(a)
the Council is satisfied that:
- (i)
  the ratio of depth to frontage of the allotment is adequate, having regard to the purpose for which the land is to be used, and
- (ii)
  the allotment is provided with adequate vehicular access, and
- (iii)
  adequate public utility services are available to the allotment and the land is suitable for the on-site disposal of domestic wastewater, and
- (iv)
  adequate area is available on the allotment to permit the erection of a dwelling-house which will be free from the hazards of bushfire, floods, soil erosion, landslip and the like, and
(b)
no part of the allotment is within 400 metres of a main road, and creation of the allotment will not result in the creation of an additional vehicular access to a main road, and
(c)
the area of the residue of the land being subdivided is not less than 100 hectares.

(4)

The total number of allotments of the type referred to in subclause (3) that may be created from a holding that existed at the appointed day must not exceed:

(a)
nil—where the holding has an area of less than 102 hectares, or
(b)
1—where the holding has an area of 102 hectares or more but less than 200 hectares, or
(c)
2—where the holding has an area of 200 hectares or more but less than 400 hectares, or
(d)
3—where the holding has an area of 400 hectares or more.

(5)

Subclauses (3) and (4) cease to have effect on the fifth anniversary of the date of gazettal of this plan.

(6)

Subclause (2) does not prevent the Council from consenting to the subdivision of land to create an allotment having an area of not less than 20 hectares for the purpose of intensive agriculture, if:

(a)
the area of the residue land after the excision of that allotment is not less than 100 hectares or the Council is satisfied, based on documentary evidence, that all of the land is intended to be used for the purpose of intensive agriculture, and
(b)
the Council is satisfied that:
- (i)
  each allotment created by the subdivision has an area of at least 20 hectares and that, based on documentary evidence, each allotment is intended to be used for the purpose of intensive agriculture, and
- (ii)
  adequate arrangements exist for the continuous and reliable supply of a sufficient quantity of water to the land, and
- (iii)
  the soil, topography, drainage and other physical characteristics of the land are such that intensive agriculture is a suitable use of the land, and
- (iv)
  the land will not be used for intensive keeping of livestock, and
- (v)
  an adequate area is available for the erection of a dwelling-house which will be ancillary to the use of the land and located, as far as is practicable, on land not capable of being used for the purpose of intensive agriculture, and
(c)
the Council has referred the application for consent to subdivide the land to NSW Agriculture and the Department of Land and Water Conservation or a similar expert body with a request for comment, and has taken into account any comments received within 14 days of the Council’s request for comment.

13Subdivision of land within Zone No 1 (a1)(1)

This clause applies to land within Zone No 1 (a1).

(2)

The Council must not consent to the subdivision of land to create an allotment to be used for the erection of a dwelling-house unless:

(a)
each allotment to be created by the subdivision has:
- (i)
  an area of not less than 20 hectares, and
- (ii)
  frontage to a main road of not less than 200 metres, and
(b)
the Council is satisfied that:
- (i)
  based on documentary evidence, each allotment is intended to be used for the purpose of intensive agriculture, and
- (ii)
  adequate arrangements exist for the continuous and reliable supply of a sufficient quantity of water to the land, and
- (iii)
  the soil, topography, drainage and other physical characteristics of the land are such that intensive agriculture is a suitable use of the land, and
- (iv)
  the land will not be used for the intensive keeping of livestock, and
- (v)
  an adequate area is available for the erection of a dwelling-house which can be located, as far as is practicable, on land not capable of being used for the purpose of intensive agriculture, and
- (vi)
  the allotment is not a pseudo rural-residential allotment but of a viable productive size to enable an intensive agricultural activity, and
(c)
the Council has referred the application for consent to subdivide the land to NSW Agriculture and the Department of Land and Water Conservation or a similar expert body with a request for comment, and has taken into account any comments received within 14 days of the Council’s request for comment.

14Subdivision of land within Zone No 1 (c1)(1)

This clause applies to land within Zone No 1 (c1).

(2)

The Council must not consent to the subdivision of land to which this clause applies unless:

(a)
each allotment to be created by the subdivision has an area of not less than 10 hectares, and
(b)
the Council is satisfied that:
- (i)
  the ratio of depth to frontage of the allotment is adequate, having regard to the purpose for which the land is (in the opinion of the Council) intended to be used, and
- (ii)
  the allotment is provided with adequate vehicular access, and
- (iii)
  adequate public utility services are available to the allotment and the land is suitable for the on-site disposal of domestic wastewater, and
- (iv)
  an adequate area is available on the allotment to permit the erection of a dwelling-house which will be free from the hazards of bushfire, flooding, soil erosion, landslip and the like.

(3)

Subclause (2) does not prevent the Council from consenting to the subdivision of land to create an allotment having an area of not less than 4 hectares for the purpose of erecting a dwelling-house, if the land adjoins the urban area of Mudgee or Gulgong and the Council is satisfied that:

(a)
the allotment is provided with adequate vehicular access, and
(b)
adequate public utility services are available to each allotment and the land is suitable for the on-site disposal of domestic wastewater, and
(c)
the allotment is in keeping with the semi-rural character of the locality.

15Subdivision of land within Zone No 1 (c2)(1)

This clause applies to land within Zone No 1 (c2).

(2)

The Council must not consent to the subdivision of land to which this clause applies unless:

(a)
the area of each allotment to be created by the subdivision is not less than 2 hectares, and
(b)
the Council is satisfied that:
- (i)
  the ratio of depth to frontage of each allotment is adequate, having regard to the purpose for which the land is (in the opinion of the Council) intended to be used, and
- (ii)
  adequate arrangements exist for connecting each allotment to telephone services, electricity supply and a reticulated water supply system, where available, and
- (iii)
  adequate arrangements exist for the on-site disposal of domestic waste, and
- (iv)
  the subdivision will not result in the need for an additional vehicular access to a main road, and
- (v)
  the allotments have, or provision is made for each allotment to have, a tar-sealed road frontage.

(3)

Subclause (2) does not prevent the Council from consenting to the subdivision of land to create allotments each of not less than 4,000 square metres if the Council is satisfied that adequate arrangements exist for connecting each proposed allotment to a reticulated sewerage system.

16Subdivision of land within Zones Nos 2 (a) and 2 (c)

The Council must not consent to the subdivision of land within Zone No 2 (a) or 2 (c) unless each allotment to be created by the subdivision has an area of not less than 600 square metres and the Council is satisfied that the ratio of depth to frontage of each such allotment is adequate having regard to the purpose for which the allotment is (in the opinion of the Council) intended to be used.

17Subdivision of land within Zone No 2 (v)(1)

This clause applies to land within Zone No 2 (v).

(2)

The Council must not consent to the subdivision of land unless:

(a)
the area of each allotment to be created by the subdivision is not less than 4,000 square metres, and
(b)
the Council is satisfied that:
- (i)
  the ratio of depth to frontage of each allotment is adequate, having regard to the purpose for which the land is (in the opinion of the Council) intended to be used, and
- (ii)
  adequate public utility services are available to the allotment and the land is suitable for the on-site disposal of domestic wastewater, and
- (iii)
  each allotment has frontage to a formed public road.

18Subdivision of land within Zones Nos 4 (a) and 4 (b)(1)

The Council must not consent to the subdivision of land within Zone No 4 (a) or 4 (b) unless:

(a)
each allotment to be created by the subdivision has an area of not less than 2,000 square metres, and
(b)
it can be demonstrated to the Council’s satisfaction that rigid trucks can enter and leave the site in a forward direction, and
(c)
the Council is satisfied that the ratio of depth to frontage of each allotment is adequate having regard to the purpose for which the allotment is (in the opinion of the Council) intended to be used.

(2)

Notwithstanding the provisions of subclause (1), the Council must not consent to the subdivision of land which has frontage to Castlereagh Highway (formerly Main Road No 55), unless it can be demonstrated (to the Council’s satisfaction) that any new access to each allotment to be created by the subdivision will provide safe and efficient movement of vehicles onto and off the site.

19Subdivision of land within Zones Nos 7 (a), 7 (b) and 7 (h)(1)

The Council must not consent to the subdivision of land within Zone No 7 (a), 7 (b) or 7 (h) for any purpose.

(2)

Despite subclause (1), the Council may consent to the subdivision of land within Zone No 7 (a), 7 (b) or 7 (h) for the purpose of a minor boundary adjustment between 2 allotments if no additional allotment is created.

Division 2Dwelling-houses20Dwellings on land within Zones Nos 1 (a), 1 (a1), 1 (c1), 1 (c2), 2 (a), 2 (c), 2 (v), 7 (b) and 7 (h)(1)

This clause applies to land within Zone No 1 (a), 1 (a1), 1 (c1), 1 (c2), 2 (a), 2 (c), 2 (v), 7 (b) or 7 (h).

(2)

A dwelling-house may be erected, without development consent:

(a)
on an allotment of vacant land within Zone No 1 (a), 7 (b) or 7 (h) that has an area of 100 hectares or more,

(b)
on an allotment of vacant land within Zone No 1 (c1) that has an area of 5 hectares or more,
(c)
on an allotment of vacant land within Zone No 2 (a) or 2 (c) that has been created by a subdivision for the purpose of erecting a dwelling.

(3)

Except as provided by subclause (2), a dwelling-house may be erected, only with the consent of the Council:

(a)
on vacant land within Zone No 1 (a), 7 (b) or 7 (h):
- (i)
  on an allotment created in accordance with clause 12 (2) or (3) for the purpose of erecting a dwelling, or
- (ii)
  on an allotment created in accordance with clause 12 (6), if the Council is satisfied that the land will be used for intensive agriculture and an adequate water supply has been provided to the land, or
- (iii)
  on an existing holding that has an area of not less than 2 hectares and has all-weather vehicular access, if the Council is satisfied that adequate public utility services are available to the allotment and the land is suitable for on-site disposal of domestic wastewater, or
- (iv)
  on each of the aggregated areas of land listed in Schedule 2,
(b)
on vacant land within Zone No 1 (a1):
- (i)
  on land that has an area of not less than 20 hectares which satisfies the requirements of clause 13 (2) (b), or
- (ii)
  on an allotment created in accordance with clause 13, or
- (iii)
  on an existing holding that has an area of not less than 2 hectares and has all-weather vehicular access, if the Council is satisfied that adequate public utility services are available to the allotment and the land is suitable for on-site disposal of domestic wastewater, or
(c)
on vacant land within Zone No 1 (c1):
- (i)
  on an allotment created in accordance with clause 14, or
- (ii)
  on an existing holding that has an area of not less than 2 hectares and has all-weather vehicular access, if the Council is satisfied adequate public utility services are available to the allotment and the land is suitable for on-site disposal of domestic wastewater, or
- (iii)
  on an aggregated area of land listed in Schedule 3, or
(d)
on vacant land within Zone No 1 (c2):
- (i)
  on land that has an area of not less than 2 hectares, or
- (ii)
  on an allotment created in accordance with clause 15, or
- (iii)
  on a lot that has an area of not less than 4,000 square metres and has all-weather vehicular access, if the Council is satisfied that adequate arrangements exist for connecting each proposed allotment to a reticulated sewerage system, or
(e)
on vacant land within Zone No 2 (a) or 2 (c):
- (i)
  on an allotment created in accordance with clause 16, or
- (ii)
  on an allotment created in accordance with clause 23 (6), or
(f)
on vacant land within Zone No 2 (v):
- (i)
  on an allotment created in accordance with clause 17, or
- (ii)
  on a lot, portion or parcel that has an area of not less than 2,000 square metres and has all-weather vehicular access, if the Council is satisfied that adequate public utility services are available to the allotment and the land is suitable for on-site disposal of domestic wastewater, or
(g)
on vacant land within Zone No 7 (b) or 7 (h) on an existing holding that has an area of not less than 2 hectares and that has all-weather vehicular access, or
(h)
on land within Zone No 1 (a) or 1 (c1), if use of the dwelling-house is ancillary to a use of the land for which development may be carried out on the land only with the consent of the Council, or
(i)
on any vacant allotment which was created by a subdivision approved by the Council on or after 24 November 1967, if the Council is satisfied that the allotment, when created, was intended to be used for the purpose of agriculture or the erection of a dwelling,
(j)
on any vacant allotment previously identified by the Crown as “homestead selection” or “homestead farm”, or
(k)
on land within Zone No 1 (a) or 1 (a1) on an allotment that has an area of not less than 40 hectares and that was in existence as a separate lot, portion or parcel of land as at 11 February 1985, and was separately owned from any adjoining or adjacent lands as at that date.

(4)

Notwithstanding the provisions of subclause (2) (d) and (e), the Council must not consent to the erection of a dwelling-house on land within Zone No 1 (c2) or 2 (c) if (in the opinion of the Council) the location of the proposed dwelling-house will hinder the future subdivision of the land for urban purposes.

(5)

In this clause, vacant land or a vacant allotment means land or an allotment on which no dwelling is erected.

(6)

Subclause (3) (k) ceases to have effect 3 years after the commencement of Mudgee Local Environmental Plan 1998 (Amendment No 1).

21Rural workers’ dwellings(1)

This clause applies to land within Zone No 1 (a) or 1 (a1) which is being used for the purpose of agriculture.

(2)

Additional dwelling-houses may, with the consent of the Council, be erected on land to which this clause applies and on which there is already erected a dwelling-house if the Council is satisfied that the additional dwelling-houses will be actually occupied by a co-owner or partner or person employed or engaged by the owner of the land for the purpose of agriculture.

(3)

The Council must not consent to the erection of an additional dwelling-house on any land unless it is satisfied that the scale and nature of the agriculture being carried out on the land are such as to require an additional dwelling-house to be erected so as to accommodate persons engaged in agriculture on the land.

22Accommodation for itinerant workers

Nothing in this plan prevents land which is being used for the purpose of agriculture from being used also, with the consent of the Council, for the purpose of providing accommodation for itinerant workers who are engaged in agriculture on the land.

23Dual occupancy(1)

This clause applies to land within Zone No 1 (a), 1 (a1), 1 (c1), 1 (c2), 2 (a), 2 (c) or 2 (v).

(2)

In this clause:

dual occupancy means development that results in 2 dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development).

(3)

Where, in accordance with this plan, development for the purpose of a dwelling-house may be carried out on an allotment of land to which this clause applies, a person may, with the consent of the Council, carry out dual occupancy development on the allotment.

(4)

The Council must not consent to development referred to in subclause (3), unless:

(a)
the area of the allotment on which the 2 dwellings are to be erected or created:
- (i)
  in the case of land within Zone No 1 (c1), is not less than 2 hectares, or
- (ii)
  in the case of land within Zone No 1 (c2), is not less than 4,000 square metres, or
- (iii)
  in the case of land within Zone No 2 (a) or 2 (c), is not less than 600 square metres for attached, and not less than 800 square metres for detached dwellings, and
(b)
it is satisfied that adequate arrangements have been made for:
- (i)
  the removal and disposal of waste from each dwelling, and
- (ii)
  the supply of water to, and the disposal of sewage and stormwater from, each dwelling, and
- (iii)
  the privacy of the occupants of each dwelling and any adjacent development, and
- (iv)
  access to natural light for each dwelling and for any adjacent buildings, and
- (v)
  off-street car parking for each dwelling.

(5)

In the case of land within Zones Nos 1 (a) and 1 (a1), the Council must not consent to development referred to in subclause (3) on an allotment on which there already is a dwelling-house, unless the second dwelling is setback not less than 60 metres from any road frontage and is located on the same portion or allotment.

(6)

Where, in pursuance of this clause, dual occupancy development may be carried out on an allotment within Zone No 2 (a) or 2 (c), a person may, with the consent of the Council, subdivide the allotment to create separate land titles for each of the 2 dwellings:

(a)
if they have been erected or created pursuant to a consent granted before the consent for the subdivision, or
(b)
if they are allowed to be erected or created pursuant to a consent granted at the same time as the consent for the subdivision.

(7)

Subdivision of an allotment of land created by a subdivision for which consent has been granted pursuant to subclause (6) is prohibited.

Division 3Heritage provisions24Heritage aims and objectives

The aims and objectives of this plan with respect to heritage are:

(a)
to conserve the environmental heritage of the land to which this plan applies, and
(b)
to integrate heritage conservation into the planning and development control processes, and
(c)
to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and their settings, as well as streetscapes and landscapes and the distinctive character that they impart to the land to which this plan applies.

25Heritage items and conservation areas(1)

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

(a)
demolish or alter the building or work, or
(b)
damage or move the relic, or
(c)
excavate for the purpose of exposing the relic, or
(d)
damage or despoil the place or tree, or
(e)
erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place, or
(f)
damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2)

The Council must not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and the effect on the historic, scientific, cultural, social, archaeological, architectural or aesthetic significance of the building or work or its site or of the conservation area.

26Development in the vicinity of heritage items

The Council must not grant an application for consent to carry out development on land within 50 metres of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

27Streetscape protection—Market Street and Church Street, Mudgee(1)

In this clause, Streetscape Protection Area means all land fronting or within 100 metres of:

(a)
Church Street, between Short Street and Gladstone Street, Mudgee, or
(b)
Market Street, between Lewis Street and Court Street, Mudgee.

(2)

A person must not, on land within the Streetscape Protection Area, demolish, extend or alter a building or work, including but not limited to any external changes such as painting or cement rendering, or erect a building, or subdivide land within that area, except with the consent of the Council.

(3)

The Council must not grant consent to a development application made in pursuance of subclause (2) unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, social, architectural or aesthetic significance of the Church Street and Market Street streetscape and any heritage items in that vicinity.

(4)

The Council must not grant consent to an application made in pursuance of subclause (2), being an application for consent to erect a new building or to alter the exterior of an existing building, unless the Council has made an assessment of the style, size, proportion and position of the building, including openings for windows and doors, the pitch and form of the roof and the colour, texture, style and type of finish of the materials to be used on the exterior of the building.

28Heritage advertisements and notifications(1)

Except as provided by this clause, the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act, as in force on 30 June 1998, apply to and in respect of the demolition of a heritage item in the same way as those provisions applied to and in respect of designated development.

(2)

The Council must refer an application for consent to the demolition of a heritage item to the Heritage Council with a request for comment to assist the Council’s determination of the application and the Council must take into account any comments received by the Heritage Council within 30 days of the Council’s making the request for comment or such longer period as the Council allows.

(3)

This clause does not apply to the partial demolition of a heritage item if, in the opinion of the Council, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the land to which this plan applies.

29Conservation incentives(1)

Nothing in this plan prevents the Council from granting an application for consent to the use, for any purpose, of a building that is a heritage item or the land on which the building is erected, if it is satisfied that:

(a)
the proposed use would have little or no adverse effect on the amenity of the area, and
(b)
the conservation of the building depends on the Council granting consent as provided by this clause.

(2)

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act, as in force on 30 June 1998, apply to and in respect of the use of land referred to in subclause (1) for a purpose which, but for that subclause, would be prohibited under this plan in the same manner as those provisions applied to and in respect of designated development.

Division 4Miscellaneous provisions29AExempt and complying development(1)

Development of minimal environmental impact listed as exempt development in Development Control Plan No 18 as adopted by the Council on 6 May 2002 is exempt development, despite any other provision of this plan.

(2)

Development listed as complying development in Development Control Plan No 18 as adopted by the Council on 6 May 2002 is complying development if:

(a)
it is local development of a kind that can be carried out with consent on land on which it is proposed, and
(b)
it is not an existing use, as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 18 as adopted by the Council on 6 May 2002.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 18 adopted by Council, as in force when the certificate is issued.

30Urban expansion(1)

This clause applies to land that is contiguous with land within Zone No 2 (v).

(2)

Despite any other provision of this plan, the Council may grant consent to development on land to which this clause applies that may be carried out with or without consent in Zone No 2 (v).

(3)

The Council must not consent to the development of land to which this clause applies unless:

(a)
the land is capable of being provided with adequate public utilities and services and adequate arrangements can be made for on-site disposal of domestic waste, and
(b)
it can be demonstrated to the Council’s satisfaction that any subdivision or other development of the land will not create unreasonable or uneconomic demands for the provision or extension of public amenities and services, and
(c)
it can be demonstrated to the Council’s satisfaction that the land does not have actual or potential agricultural, environmental or scenic value, and
(d)
it can be demonstrated to the Council’s satisfaction that there is a demand for the particular development.

31Height of buildings

A building which is situated, or proposed to be erected:

(a)
on an allotment of land within the conservation area of Gulgong:
- (i)
  must not contain more than 1 storey, and
- (ii)
  must not exceed 5 metres in height, or
(b)
on any other allotment of land within Zone No 2 (a) or 2 (c):
- (i)
  must not contain more than 2 storeys, and
- (ii)
  must not exceed 8.5 metres in height.

32Temporary use of land

The Council may consent to the carrying out on any land, for a maximum period of 28 days (whether consecutive or not) in any 12-month period, development otherwise prohibited on that land.

33Roads, drainage, recreation areas and parking

Nothing in this plan restricts or prohibits, or requires the Council to obtain its own consent, for the carrying out of development by the Council on land within any zone for the purpose of roads (including gravel extraction for the purpose of road construction), stormwater drainage, recreation areas, landscaping, gardening, public amenities or parking.

34Access to main roads(1)

The Council must not grant consent to development involving vehicular access from a site to a main road unless it is satisfied that:

(a)
no other reasonable and practicable access is available to the site, and
(b)
the design of the vehicular access point will enable the safe entry and exit of vehicles to the site, and
(c)
the level of traffic likely to be generated by development on the site will not prejudice the efficiency and safety of the main road.

(2)

(Repealed)

36Flood prone land(1)

The Council must not consent to the carrying out of development on flood prone land unless it has made an assessment of the likely effect of the proposed development on:

(a)
the flood peak of any watercourse in the vicinity of the proposed development, and
(b)
the velocity of the flow of floodwater on land in the vicinity of the proposed development, and
(c)
the propensity of floodwaters to cause erosion or siltation, or to cause the destruction of riparian vegetation in the vicinity of the proposed development, and
(d)
the water table of land in the vicinity of the proposed development.

(2)

Without limiting the generality of subclause (1), the Council must not consent to the erection of any building on flood prone land unless the building is capable of withstanding floodwater pressures.

37Underground mining(1)

This clause applies to all land to which this plan applies.

(2)

Subject to subclause (3), the Council may consent to the carrying out of development which involves mining beneath the surface of land, where the zoning of the land would otherwise prohibit development for the purpose of mining.

(3)

The Council must not consent as referred to in subclause (2) unless it is satisfied that:

(a)
all surface works associated with the development will be confined to land within a zone in which development for the purpose of mining is permitted with consent, and
(b)
the proposed underground mining will not unreasonably restrict or otherwise affect any other development on the surface, and
(c)
the proposed underground mining will not detrimentally affect in any way the quantity and quality of water in either subterranean or surface water systems.

38Land subject to bushfire hazards

The Council must not grant consent for the subdivision or erection of a building on land to which this plan applies which is subject to bushfire hazards until it has made an assessment of:

(a)
whether adequate provision has been made for access for fire-fighting vehicles, fire breaks, reserves and fire radiation zones; and
(b)
in the case of a subdivision, whether the depth of any allotments to be created by the subdivision which would adjoin a perimeter road should be enlarged, and
(c)
in the case of the erection of buildings:
- (i)
  whether the buildings have been sited in a manner which reduces bushfire hazard, and
- (ii)
  the necessity for fireproof building materials, and
(d)
the means of access for fire-fighting vehicles, and
(e)
the means available to ensure that fire protection measures, including fire radiation zones and hazard reduction, are appropriately maintained.

39Development within Zones Nos 6 (a) and 6 (b)

The Council must, in determining an application for consent to carry out development on land zoned for open space, take into consideration the following matters:

(a)
the need for the proposed development on the land,
(b)
the impact of the proposed development on the existing or likely future use and character of the land,

(c)
whether any proposed building will be secondary and complementary to the existing or proposed use of the land as public open space,
(d)
whether the proposal will substantially diminish public use of, and access to, open space,
(e)
whether the proposal is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses,
(f)
whether the proposal is consistent with a plan of management applying to the land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.

40Development within Zone No 7 (b)

The Council must not consent to the carrying out of development on land within Zone No 7 (b) unless it has made an assessment of:

(a)
the likely impact of the proposed development on skyline views in the locality, and
(b)
the extent of timber clearing that is likely to be necessary in order to enable the proposed development to be carried out, and
(c)
the relationship between the proposed development and the surrounding landscape, and
(d)
the susceptibility of the proposed development to the hazards of bushfire, soil erosion, landslip and the like.

41Development within Zone No 7 (h)(1)

A person must not, in respect of land within Zone No 7 (h):

(a)
damage or despoil a relic or part of a relic within that land, or
(b)
excavate for the purpose of exposing or removing a relic within that land, or
(c)
erect a building within that land,

except with the consent of the Council.

(2)

The Council must not consent to the carrying out of development on land within Zone No 7 (h) unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the area of Mudgee.

(3)

The Council must refer an application for consent to develop land at Tambaroora within Zone No 7 (h) to the National Parks and Wildlife Service with a request for comment to assist the Council’s determination of the application and the Council must take into account any comments received within 30 days of the Council’s making the request for comment, or such longer period as the Council allows.

(4)

The Council must not consent to the carrying out of development on land within Zone No 7 (h) unless it has made an assessment of the potential for land subsidence problems in the vicinity of the proposed development.

42Consultation with the National Parks and Wildlife Service(1)

The Council must not grant consent to an application to develop land which adjoins land within Zone No 8 (a) unless it has referred the application to the Director-General of National Parks and Wildlife.

(2)

Where a copy of an application has been forwarded to the Director-General of National Parks and Wildlife pursuant to subclause (1), the Council must not determine the application until:

(a)
it has received and considered advice with respect to the application from the Director-General, or
(b)
the Council has been notified that the Director-General does not wish to submit any advice with respect to the application, or
(c)
28 working days have elapsed after the date on which the application was referred to the Director-General,

whichever occurs first.

43Development in the vicinity of Mudgee Aerodrome(1)

A person must not carry out development on land within 1,000 metres of the boundaries of Mudgee Aerodrome, except with the consent of the Council.

(2)

In determining an application for a consent referred to in subclause (1), the Council must consider the impact of the proposed development on air safety at Mudgee Aerodrome.

44Acquisition of reserved land(1)

The owner of land within Zone No 9 (a) or 9 (c) may, by notice in writing, require the Council to acquire the land. The Council must comply with any such requirement, except as provided by subclauses (3) and (4).

(2)

Until the land referred to in subclause (1) is acquired by the Council, any reasonable development which may be carried out on land in an adjoining zone may, with development consent, be carried out on that land.

(3)

Nothing in subclause (1) requires the Council to acquire land if the land might reasonably be required to be dedicated for road widening or public open space purposes.

(4)

Nothing in subclause (1) requires the Council to acquire the land if such land is not required by the Council on receipt of the written notice, unless development consent sought in accordance with subclause (2) is refused by the Council.

45Home occupations(1)

Nothing in this plan restricts or prohibits, or requires the consent of the Council for, a home occupation to be carried on in a dwelling-house.

(2)

In this clause:

home occupation means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling which does not involve:

(a)
the registration of the building under the Factories, Shops and Industries Act 1962, or
(b)
the employment of persons other than those residents, or
(c)
interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste products, oil or grit, or otherwise, or
(d)
the display of goods, whether in a window or otherwise, or
(e)
the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident), or
(f)
the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail.

46Brothels

A person must not carry out development for the purpose of a brothel on land within Zone No 4 (a) within 100 metres of a church, hospital, school or any place regularly frequented by children for recreational or cultural activities.

Schedule 1Heritage items

(Clause 6 (1))

Mudgee Town1

“Lawson Park Hotel”, 1 Church Street, Mudgee

“Regent Theatre”, 3 Church Street, Mudgee

Catholic Church, southeast corner of Church Market Streets, Mudgee

Convent and hall, corner Church &Market Streets, Mudgee

Catholic Presbytery, corner Church &Market Streets, Mudgee

Catholic Church Hall, 13 Church Street, Mudgee

Store “Town Centre” 19–41 Church Street, Mudgee

Shop, “Mercer’s Pharmacy” 22 Church St, Mudgee

Shop, (previously cafe), 26 Church Street, Mudgee

Shop, “Woolleys Butchery”, 47 Church Street, Mudgee

Shop/Hotel, 49–51 Church Street (cnr Mortimer Street), Mudgee

Shop, Travel Agency, 58–62 Church Street, Mudgee

House “Afton”, 63 Church Street, Mudgee

Gallery/shop, “Busy Hands”, 71 Church Street, Mudgee

Office/residence, 89 Church Street, Mudgee

House, 93 Church Street, Mudgee

House, 95 Church Street, Mudgee

Shop, “F S Pharmacy”, 96 Church Street, Mudgee

Shop, “Settler’s Coffey Lounge”, 98 Church Street, Mudgee

Terrace houses, 110–112 Church Street, Mudgee

Terrace houses, 125–127 Church Street, Mudgee

House, 129 Church Street, Mudgee

Shop/residence, “Macs Corner Store”, northeast corner Church &Horatio Streets, Mudgee

Old Fire Station (now Dentists), 136 Church Street, Mudgee

Terrace houses, 150–152 Church Street, Mudgee

House/commercial rooms, 154 Church Street, Mudgee

House, 182 Church Street, Mudgee

House, 184 Church Street, Mudgee

House, “Cranford”, 195 Church Street, South Mudgee

House, 4 Clifton Avenue, South Mudgee

House, 8 Cox Street, Mudgee

Terrace houses, 8–10 Court Street, Mudgee

House, 14 Court Street, Mudgee

House, 48 Court Street, Mudgee

House, 64 Court Street, Mudgee

Technical College, 74–76 Court Street, Mudgee

House, 78 Court Street, Mudgee

House, 30 Denison Street, Mudgee

Terrace house, 32 Denison Street, Mudgee

Terrace houses, 41–43 Denison Street, Mudgee

Terrace houses, 52–54 Denison Street, Mudgee

House, 53 Denison Street, Mudgee

House, “Ludgate”, 56 Denison Street, Mudgee

House, 58 Denison Street, Mudgee

House, “Mooltan”, 63 Denison Street, Mudgee

House, 97 Denison Street, Mudgee

House, 109 Denison Street, Mudgee

House, 116 Denison Street, Mudgee

House, 9 Douro Street, Mudgee

Duplex houses, 11–13 Douro Street, Mudgee

Duplex houses, 15–17 Douro Street, Mudgee

House, “Rexton”, 18 Douro Street, Mudgee

House, 28 Douro Street, Mudgee

House, 82 Douro Street, Mudgee

Memorial Park, Douro Street (opposite Lovejoy Street), Mudgee

House, 17 Gladstone Street, Mudgee

House, 30 Gladstone Street, Mudgee

House, 44 Gladstone Street, Mudgee

House, 54 Gladstone Street, Mudgee

House, 55 Gladstone Street, Mudgee

House, 57 Gladstone Street, Mudgee

House, 61 Gladstone Street, Mudgee

House, 68 Gladstone Street, Mudgee

House, 69 Gladstone Street, Mudgee

House, 79 Gladstone Street, Mudgee

House, 83 Gladstone Street, Mudgee

House, 104 Gladstone Street, Mudgee

House, 106 Gladstone Street, Mudgee

House, 156 Gladstone Street, Mudgee

House, 176 Gladstone Street, Mudgee

House, 210 Gladstone Street, Mudgee

House, 44 Horatio Street, Mudgee

House, 60 Horatio Street, Mudgee

Terrace houses, 81–83 Horatio Street, Mudgee

House, 99 Horatio Street, Mudgee

House, 105 Horatio Street, Mudgee

Guesthouse, “Hillsborough”, 141–143 Horatio Street, Mudgee

House, 149 Horatio Street, Mudgee

High school, corner Horatio and Douro Streets, Mudgee

House, 7 Inglis Street, Mudgee

House, 8 Inglis Street, Mudgee

Terrace houses, 9–11 and 13–15 Inglis Street, Mudgee

Railway buildings (excluding engine shed), railway station site, Inglis Street, Mudgee

Railway station, Inglis Street, Mudgee

House, 25 Inglis Street, Mudgee

Hotel, 34–36 Inglis Street, Mudgee

House, 3 Lawson Street, Mudgee

House and stables, “Bleak House”, 5–7 Lawson Street, Mudgee

House, 24 Lawson Street, Mudgee

House, 25 Lawson Street, Mudgee

House, 45 Lawson Street, Mudgee

Terrace house, 48 Lawson Street, Mudgee

Terrace houses, 49–51 Lawson Street, Mudgee

House, 50 Lawson Street, Mudgee

House, 55 Lawson Street, Mudgee

House, 64 Lawson Street, Mudgee

House, 65 Lawson Street, Mudgee.

House, “Whitton Lodge”, 76 Lawson Street, Mudgee

Commercial building “Lewis Street Tyre Service”, 1 Lewis Street, Mudgee

100

Hotel “Oriental Tavern”, 6 Lewis Street (cnr Mortimer Street), Mudgee

101

Storeroom (old Wells &Co Store), 13 Lewis Street, Mudgee

102

House, “Mandalay”, 14 Lewis Street, Mudgee

103

House, “Narraway Cottage”, 16 Lewis Street, Mudgee

104

House, “Koolabah”, 18 Lewis Street, Mudgee

105

House, 25 Lewis Street, Mudgee

106

House, (nursery) 49 Lewis Street, Mudgee

107

Shop/residence, 52 Lewis Street, Mudgee

108

Houses, 67, 69 and 71 Lewis Street, Mudgee

109

House, 73 Lewis Street, Mudgee

110

House, 83 Lewis Street, Mudgee

111

Offices, 1 Lovejoy Street, Mudgee

112

Clubhouse, “Mudgee Club”, 5 Lovejoy Street, Mudgee

113

House, 25 Madeira Road, South Mudgee

114

Terrace houses, 17–19 Market Street, Mudgee

115

Terrace houses, 21–25 Market Street, Mudgee

116

House, “Kojinup”, 26 Market Street, Mudgee

117

House, 27 Market Street, Mudgee

118

Shop, “Craigmoor Wines”, 30 Market Street, Mudgee

119

Shop/residence, 42–44 Market Street, Mudgee

120

Two shops, 43–45 Market Street, Mudgee

121

Shop/residence, 46 Market Street, Mudgee

122

Shops, 52–54 Market Street, Mudgee

123

Commercial building “Beaurepaires Tyres”, 54 Market Street (corner of Church and Market Streets), Mudgee

124

Shop, 56 Market Street, Mudgee

125

Anglican Church, corner of Market and Church Streets, Mudgee

126

Westpac Bank, 59 Market Street, Mudgee

127

State Bank, 62 Market Street, Mudgee

128

Town Hall, 64 Market Street, Mudgee

129

Clubhouse Hotel, 67 Market Street, Mudgee

130

Old bank building (now Accountants’), 70 Market Street, Mudgee

131

Shop, 73 Market Street, Mudgee

132

Shops, 81–83 Market Street, Mudgee

133

Post Office, 80 Market Street, Mudgee

134

Police Station and stables, 82 Market Street, Mudgee

135

House, 88 Market Street, Mudgee

136

Government Offices (old Council Chambers), 90 Market Street, Mudgee

137

Court House annex, Market Street, Mudgee

138

Court House, 96 Market Street, Mudgee

139

Shop, 97 Market Street (corner Market and Perry Streets), Mudgee

140

Bandstand, Robertson Park, Market Street, Mudgee

141

Parkview Guesthouse, 99 Market Street, Mudgee

142

Courthouse Hotel, 111 Market Street, Mudgee

143

Museum, 126 Market Street, Mudgee

144

House, 141 Market Street, Mudgee

145

House, 144 Market Street, Mudgee

146

Old stables (now house), 146 Market Street, Mudgee

147

Terrace houses, 155–159 Market Street, Mudgee

148

House, 177 Market Street, Mudgee

149

House “Loneragans”, 18 Mortimer Street (cnr Mortimer Street and Burrundulla Avenue), Mudgee

150

Terrace houses, 63–69 Mortimer Street, Mudgee

151

House, 64 Mortimer Street, Mudgee

152

Double storey residential building, 70–72 Mortimer Street, Mudgee

153

House, 82A Mortimer Street, Mudgee

154

Theatre, “Civic Theatre”, 84 Mortimer Street, Mudgee

155

Uniting Church, 87 Mortimer Street, Mudgee

156

Terrace houses, 100–106 Mortimer Street, Mudgee

157

Presbyterian Church, 103 Mortimer Street, Mudgee

158

House, 112 Mortimer Street, Mudgee

159

Shop, 131 Mortimer Street, Mudgee

160

House, 133 Mortimer Street, Mudgee

161

House 152 Mortimer Street, Mudgee

162

House, 185 Mortimer Street, Mudgee

163

Commercial Building “Mudgee Guardian”, 9 Perry Street, Mudgee

164

Shop (previously Masonic Temple), 16 Perry Street, Mudgee

165

Salvation Army Citadel, 19 Perry Street, Mudgee

166

House, 24 Perry Street, Mudgee

167

House, 26 Perry Street, Mudgee

168

House, 28–30 Perry Street, Mudgee

169

Shops, 37–39 Perry Street, Mudgee

170

“Mechanics Institute”, School of Arts (now residence), 40 Perry Street, Mudgee

171

Hotel, “Paragon”, 38 Perry Street, Mudgee

172

Mudgee Public School, 44 Perry Street, Mudgee (additions)

173

Mudgee Public School, 44 Perry Street, Mudgee (original building)

174

Terrace houses, 47–49 Perry Street, Mudgee

175

House, Headmaster’s residence, 48 Perry Street, Mudgee

176

House, “Onohan”, 55 Perry Street, Mudgee

177

House, 57 Perry Street, Mudgee

178

Doctor’s surgery and dwelling, 19 Short Street, Mudgee

179

House, “The Willows”, 29 Short Street, Mudgee

180

Lawson Park, Short Street, Mudgee

181

Robertson Park, Market Street, Mudgee

182

Memorial Park, Douro Street, Mudgee

183

River Red Gum tree, southwest corner of Lot 2, D.P.777991, corner Perry and Short Streets, Mudgee

184

River Red Gum tree, Lot 4, Section 67, Short Street, Police Station property, Mudgee

185

Clock Tower, corner Church and Market Streets, Mudgee

186

Postal Pillar Box, Church Street, corner Moufarrige Mall, Mudgee

187

Pitched stone kerb and gutter, west side Court Street, between Nos 50 and 76

188

Tomb memorial to James Blackman and family, Blackman Park, Park Street, Mudgee

Gulgong Town189

House, 16 Bayly Street (corner Nandoura Street—Lot 1, Section 72)

190

House, 22 Bayly Street (Lots 5 and 6, Section 54)

191

House, 29 Bayly Street (Lot 1, Section 53)

192

Old Flour Mill, 31 Bayly Street (southwest corner White Street—Lot 7, Section 5)

193

House, 32 Bayly Street (Lot 9, Section 54)

194

House, 42 Bayly Street (Lot 6, Section 12)

195

St Andrews Presbyterian Church, 46 Bayly Street (Lot 3, Section 20)

196

Catholic School, 49 Bayly Street (Lot 1, Section 19)

197

House, 53 Bayly Street (Lots 2 and 3, Section 19)

198

St Luke’s Anglican Church, 54 Bayly Street (southeast corner Bulga Street—Lot 4, Section 20)

199

Church of St John the Baptist, 55 Bayly Street (Lots 4 and 6, Section 19)

200

House, 29 Belmore Street (Lot 13, D.P.35627)

201

House, 35 Belmore Street (Lot 16, D.P.35627)

202

House, 47 Belmore Street (Lot 1, Section 57)

203

House, 63 Belmore Street (Lot 5, Section 40)

204

Row of four houses—68–74 Belmore Street (Lots 1–4, Section 41)

205

House, 73 Belmore Street (Lot 2, Section 40)

206

House, 84 Belmore Street, (Lot 7, Section 13)

207

House, 85 Belmore Street (Lot 5, Section 14)

208

House, 86 Belmore Street (Lot 6, Section 14)

209

House, 88 Belmore Street (Lot 7, Section 14)

210

Uniting Church, 89 Belmore Street (southeast Medley Street—Lot 9, Section 13)

211

House, 90 Belmore Street (Lot 8, Section 14)

212

House, 104 Belmore Street (northeast corner Bulga Street—Lot 1, D.P.521414)

213

House, 5 Bowman Street (Lot 5, Section 51)

214

House, 8 Bowman Street (Lots 31 and 32, Section 59)

215

House, 6 Bulga Street (Lot 3, D.P.570476)

216

Catholic Rectory, 57 Bulga Street (southeast corner Bayly Street—Lots 5 and 7, Section 19)

217

House, Bulga Street (northeast corner Little Bayly Street—Lot 12, Section 21)

218

House, 2 Cainbil Street (southwest corner Rouse Street—Lot 4, D.P.23799)

219

House, 18 Cainbil Street (Lot 2, D.P.17320)

220

House, 24 Cainbil Street (Lot 5, D.P.17320)

221

House, 26 Cainbil Street (Lot 6, D.P.17320)

222

House, Caledonian Street (Portions 116 and 117 and Part Lot 2, Parish of Guntawang)

223

House, Canadian Street (Lot 4, Section 87)

224

House, “Tarrawonga”, corner Canadian Lead Road and Homer Street (Part Portion 249, Parish of Gulgong)

225

House, 5 Cooyal Street (southeast corner Stuart Street—Lot 3, Section 90)

226

House, 22 Cooyal Street (northeast corner Scully Street—Lot 3, Section 63)

227

House, “Red Hill House”, Cooyal Street (southeast corner White Street—Lot 1, Section 80)

228

House, 10 Fitzroy Street (Lot 3, Section 86)

229

House, 17 Herbert Street (Lot 1, Section 43)

230

House, 20 Herbert Street (Lot 10, Section 16)

231

Commercial building, 25 Herbert Street (southeast corner Station Street—Lot 18, Section 10)

232

House, 27 Herbert Street (Lot 19, Section 10)

233

House, 28 Herbert Street (Lot 11, Section 16)

234

House, 32 Herbert Street (Lots 6 and 8, Section 16)

235

House, 50 Herbert Street (Lot 32, Section 15)

236

Gulgong Pioneer Museum, 57–73 Herbert Street (Lots 1A, 1B, 2, 3, 4, 5, 6A, 6B and 6C, Section 6)

237

House, 57 Herbert Street (Lot 2A, Section 7)

238

Shop and residence, 62 Herbert Street (Lots 1 and 2, Section 14)

239

House, 70 Herbert Street (Lots 1 and 2, Section 13)

240

House, 74 Herbert Street (Lot 2A, Section 12)

241

Commercial building, 74A Herbert Street (Lot 28, Section 12)

242

“Golden West Trading Post” and house, 75 Herbert Street (Lots 1A and 1B, Section 5)

243

Gulgong Dry Cleaners, 77 Herbert Street (Lot 1A, Section 5)

244

Commercial building, 78 Herbert Street (Lot 1, Section 12)

245

Commercial building, 79–83 Herbert Street (Lots 1, 2, 2A, 2B and 3A, Section 5)

246

Farmers &Graziers Co-op, 85 Herbert Street (Lot 2, Section 5)

247

Commercial building, 87 Herbert Street (northeast corner Queen Street—Lot 1, Section 5)

248

“Davies Butchery”, 89 Herbert Street (southeast corner Queen Street—Part Lot 8A, Section 4)

249

Post Office, 94 Herbert Street (southwest corner Robinson Street—Lot 2, D.P.206281)

250

“Post Office Hotel”, 97 Herbert Street (southeast corner Robinson Street—Lots 1–3, Section 27)

251

Court House, 98 Herbert Street (Lot 3, Section 28)

252

Ulan County Council, 100 Herbert Street (Lot 17, Section 28)

253

“Australian Joint Stock Bank”, 101 Herbert Street (Lots 4 and 5, Section 27)

254

Fire Station, 102 Herbert Street (Lot 5, Section 28)

255

House, 105 Herbert Street (Lot 6, Section 27)

256

“Wyaldra Shire Hall”, 109 Herbert Street (Lot 8, Section 27)

257

House, 113 Herbert Street (Lot 4, Section 65)

258

Silos and House, Homer Street (Portion 37, Parish of Gulgong)

259

House, “Haleys Cottage”, Little Belmore Street (southeast corner White Street—Lot 2, Section 42)

260

House, 41 Loftus Street (Lot 4, Section 69)

261

House, 8 Lynne Street (Lot 2, Section 46, D.P.51302)

262

House, 10 Lynne Street (Lot 21, D.P.56813)

263

House, 11 Lynne Street (Lot 4, Section 23)

264

House, 24 Mayne Street (Lot 2, D.P.595785)

265

House, 27 Mayne Street (Portion 219, Parish of Gulgong)

266

House, 38 Mayne Street (Lot 41, Section 45)

267

House, 45 Mayne Street (Lot 2, Section 44)

268

House, 46 Mayne Street (Lot 1, Section 45)

269

House, 49 Mayne Street (Lot 7, Section 32)

270

House, 51 Mayne Street (Lot 6, Section 32)

271

House, 56 Mayne Street (Lot 2, Section 31)

272

House, 59 Mayne Street (Lot 1, Section 32)

273

House, 74 Mayne Street (Lots 6 and 7, Section 30)

274

House, “Loyola”, 77 Mayne Street (Lot D, Section 29)

275

House, 78 Mayne Street (Lot 4, Section 30)

276

House, 80 Mayne Street (Lot 3, Section 30)

277

Shop, 88 Mayne Street (Lot 2B, Section 4)

278

House, 89 Mayne Street (Lot 15, Section 29)

279

“Jas Loneragan”, 90–100 Mayne Street, (northeast corner Herbert Street—Lots 5–7, Section 4)

280

St Vincent de Paul shop and residence, 91 Mayne Street (Lot 9, Section 1)

281

House, 93 Mayne Street (Lot 8, Section 1)

282

Prince of Wales Hotel, 97 Mayne Street (Lots 5 and 6, Section 1)

283

“Prince of Wales Opera House”, 99 Mayne Street (Lot 4, Section 1)

284

“CBC Bank”, 101–103 Mayne Street (Lot 3, Section 1)

285

Commercial building, 102 Mayne Street (northwest corner Herbert Street) (Section 3)

286

Commercial building, 104 Mayne Street (Lot 6, Section 3)

287

Commercial building, 107 Mayne Street (southeast corner Herbert Street—Lots 1–3, Section 1)

288

“Greatest Wonder of the World”, 123 Mayne Street (Part Lot 4, Section 2)

289

“American Tobacco Warehouse”, 125 Mayne Street (Part Lot 4, Section 2)

290

Commercial building, 127 Mayne Street (Lot 5A, Section 2)

291

Commercial building, 128–132 Mayne Street (northeast corner Medley Street—Lots 1A, 2B and 2C, Section 3)

292

Commercial building, 131–133 Mayne Street (Lots 6A, 6B and 6C, Section 2)

293

The Coffee House, 137 Mayne Street (Lot 7A, Section 2)

294

Commercial building, 139 Mayne Street (northwest corner Medley Street) (Lot 7, Section 2)

295

Centennial Hotel, 145 Mayne Street (corner Medley Street—Lots 1 and 2, Section 17)

296

“The Henry Lawson Centre”, 147 Mayne Street (Part Lot 3, Section 17)

297

House, 148 Mayne Street (Lots 6 and 7, Section 18)

298

House, 149 Mayne Street (Lot 5B, Section 17)

299

House, 153 Mayne Street (Lot 6, Section 17)

300

House, 155 Mayne Street (Lot 7, Section 17)

301

“Cullengoral”, 156 Mayne Street (Lot 21, Section 18)

302

House, 161 Mayne Street (Lot 12, Section 17)

303

House, 162 Mayne Street (Lot 1, Section 24)

304

House, 164 Mayne Street (Lot 2, Section 24)

305

Shop, 165 Mayne Street (Lot 14, Section 17)

306

House, 166 Mayne Street (Lot 3, Section 24)

307

House, 167 Mayne Street (Lot 15, Section 17)

308

“Ten Dollar Town Motel”, Mayne Street (northwest corner Medley Street—Lot 1, Section 18)

309

House, 169 Mayne Street (Lot 5, Section 25)

310

House, 192 Mayne Street (Lot 22, D.P.598308)

311

House, 200 Mayne Street (Portion 436, Parish of Guntawang)

312

“Gulgong District Hospital”, 206 Mayne Street (Portion 196, Parish of Guntawang)

313

House, Main Road No 55 (near Medley Street) (Portion 143, Parish of Guntawang)

314

House, 33 Medley Street (Lot 24, Section 16)

315

House, 35 Medley Street (Lot 4, Section 15)

316

House, 37 Medley Street (Lot 1, Section 15)

317

House, 39 Medley Street (Lot 5, Section 15)

318

House, 44 Medley Street (Lot 3, Section 23)

319

House, 45 Medley Street (Lot 8A, Section 12)

320

House, 51 Medley Street (Lot 2, Section 11)

321

House, 56 Medley Street (Lot 3, Section 21)

322

House, 58–60 Medley Street (Lots 21 and 22, Section 21)

323

Police station, 61 Medley Street (Lot 2, Section 28)

324

House, 62 Medley Street (Lot 1, Section 21)

325

Uniting Church Hall, 64 Medley Street (Part Lot 2, Section 20)

326

House, “Albury House”, 68 Medley Street (northwest corner Bayly Street—Lot 1, Section 20)

327

House, 75 Medley Street (Lot 1, Section 39)

328

“Phonograph Museum” and residence, 78 Medley Street (Lots 14 and 15, Section 18)

329

House, 86 Medley Street (Lot 2, Section 33)

330

House, “Merry”, 100 Medley Street (Lot 4, Section 35)

331

House, 104 Medley Street (Lot 2, Section 36)

332

House, 108 Medley Street (Part Lot 2, Section 38)

333

House, 110 Medley Street (Lot 3, Section 38)

334

House, 2 Moonlight Street (Lot 10, Section 60)

335

House, Nandoura Street (Lot 2, Section 73)

336

Commercial building (Loneragans Garage), 33 Queen Street (Lot 6, Section 5)

337

Commercial building, 35 Queen Street (Lot 5, Section 5)

338

House, 40 Queen Street (Lot 102, Section 53)

339

House, 56 Queen Street (northwest corner Bulga Street—Lot 2, resubdivision of Portion 182, Parish of Guntawang)

340

House, 60 Queen Street (Lot 2, resubdivision of Portion 181, Parish of Guntawang)

341

House, 62 Queen Street (Part of Lot 181, Section 84)

342

House, Railway Street (Lot 22, D.P.802634)

343

Reef Street (northwest corner Canadian Street—Lot 4, Section 87)

344

House, 1 Robinson Street (Lot 12, Section 27)

345

House, 3 Robinson Street (Lot 11, Section 27)

346

Old “Central School”, Robinson Street (corner Cooyal Street—Part Lot 2, Section 64)

347

House, Robinson Street (corner Loftus Street—Lot 4, Section 69)

348

House, Scully Street (corner of Cooyal Street—Part Lot 2, Section 64)

349

Railway station and Stationmaster’s house, Saleyards Lane, Parishes of Gulgong and Guntawang

350

“Loneragans Flour Mill”, 2 Station Street (Portions 388, 406 and 428, Parish of Guntawang)

351

House, 9 Station Street (Lot 2, Section 73)

352

House, Lot 66, Station Street, Gulgong

353

House, 23 Tallawang Street (southeast corner Prince Street—Lot 1, Parish of Guntawang)

354

House, 29 Tallawang Street (southeast corner Prince Street—Lot 1, Section 48)

355

House, corner Tallawang and Bligh Streets (Lot 3, Section 49)

356

House, 11 White Street (northeast corner Lynne Street—Lot 1, Section 47)

357

House, corner Wilbertree and McDonald Streets (Lot 1, Section 85)

358

House, unnamed road off Wellington Road (Main Road No 233) (Portion 148, Parish of Guntawang)

359

Gulgong Grandstand, Victoria Park (Portion 91, Parish of Guntawang)

360

Showground (Portions 86, 90 and 419, Parish of Guntawang)

Rural AreasParish of Arthur361

Lue Station Homestead, Portion 30

362

John Riley’s Grave, Lue Station

Parish of Bara363

Railway station and stationmaster’s house, Village of Lue

364

Hotel and residence, Part Portion 28, Village of Lue

365

Shop, “John Thompson’s Butcher/Draper/Grocer 1913”, Cox Street, Village of Lue

366

Railway viaduct, east end of Village of Lue

Parish of Barigan367

Barigan homestead, Portions 65 and 142

Parish of Biraganbil368

Biraganbil homestead, Lot 2, D.P.534376, Wellington Road

369

Morrowolga homestead, Portion 28

Parish of Bumberra370

Roth homestead, Lot 15, D.P.2858

371

Loneragan homestead (Putta Bucca), Lot 23, Putta Bucca Estate

372

Gawthorne Cottage, Portion 42

373

Wilgowra homestead, Portion 56

374

Oakfields homestead, Portion 80

375

Mudgee Brickworks, Home Rule Road

376

Mudgee Cemetery, Cassilis Road

377

Avenue of trees, Cassilis Road (northern extension of Church Street)

Parish of Derale378

“Melrose Park” homestead, Lot 1, D.P.736756

379

Havilah homestead, chapel and shearing sheds, Portion 65

Parish of Erudgere380

“Erudgere” Winery, Portions 74 and 76, Hargraves-Hill End Road

Parish of Eurundury381

Henry Lawson Memorial, Henry Lawson Drive, Lot 1, D.P.368450

382

“Loaded Dog Inn”, Lot 2, D.P.778714

383

“Craigmoor Wines”, Portion 39, Craigmoor Road

384

“Budgee Budgee Shop”, Part Portion 268

Parish of Goodiman385

“Spring Ridge” homestead, Lot 2, D.P.612712, Spring Ridge

Parish of Grattai386

“Beragoo” homestead, Lot 8, D.P.253524

Parish of Gulgong387

House, “Niven’s Springridge Hotel”, Lot 1, D.P.591912, Lot 112, D.P.721220, Spring Ridge Road, Tallawang

388

Gulgong Cemetery (dedicated 14.2.1873), Parish of Gulgong

389

Old Railway Dam and Pump Shed (Crown Land south of Portion 37, Parish of Gulgong)

Parish of Guntawang390

Guntawang homestead, Lot 2, D.P.534376

391

“The Lagoon” homestead, Portion 8, off Dunedoo Road

392

Old gold mine, Portion 412

Parish of Hargraves393

“National School”, Bowen Street, Village of Hargraves

394

St Stephen’s Church of England, Portion 124, corner Merinda and Church Streets, Section 6

Village of Hargraves395

House (old Court House and Police Station), Merinda Street

396

House, Lot 1, Section 6 (next to Court House), Merinda Street

397

Terrace houses, Lot 1, Section 3, Merinda Street

398

Catholic Church, Merinda Street

399

House, Section 24, Bowen Street

400

Hargraves Cemetery, Portions 100–106, Parish of Hargraves

Parish of Mudgee401

Wallinga homestead, Lot 11, D.P.581380

402

Burrundulla Station and homes, Portion 182

403

“Caerleon Park” homestead, Portion 288, Lot A, Gulgong Road

404

Redbank Dam, South Mudgee, Parish of Mudgee

405

“Kenny’s Brickworks”, east side of Sawpit Road, South Mudgee

Parish of Munna406

Menah homestead, Portion 55

407

Explorers’ Tree “Camping Tree”, Wilbertree Road

408

River Red Gum, Wilbertree Road

Parish of Piambong409

Binawee homestead and outbuildings, Lot 1, D.P.151500

410

“Wandu” Limosin Stud, Portion 182, Gulgong Road

Parish of Pyramul411

Catholic Church and Graveyard, Pyramul

Parish of Tambaroora412

Tambaroora—Hill End Cemetery, Catholic/Chinese, Part of Section 16, Town of Tambaroora

Parish of Wilbertree413

Wilbertree homestead and outbuildings, Lot 60, D.P.32365

Parish of Windeyer414

Anglican Church, Lot 4, Plan C161, 1984, Village of Windeyer

415

School and schoolmaster’s house, Section 9, Village of Windeyer

416

Hotel, “Gold and Fleece”, Lot 1, D.P.771751, Village of Windeyer

417

Windeyer Cemetery, Mudgee Street on Meroo Creek, Part Portion 287

Parish of Wollar418

St Luke’s Church of England, Portion 61A

419

Catholic Church, Part Lots 6–8, Section 4, Village of Wollar

Parish of Wyaldra420

Home Rule School residence, Home Rule, Portions 140 and 141

Parish of Yarrobil421

Yamble homestead and outbuildings, Portion 223

Schedule 2Aggregated areas

(Clause 20 (3))

1
Lots 45 and 46, DP 755429, Parish of Eurundury
2
Lot 530, DP 850390, Parish of Eurundury
3
Lots 1 and 2, DP 919008, Parish of Eurundury
4
Lot 241, DP 756923, Parish of Windeyer
5
Lot 6, DP 756923, Parish of Windeyer
6
Lot 17, DP 82018, Parish of Windeyer
7
Lot 18, DP 82018, Parish of Windeyer
8
Lot 19, DP 82018, Parish of Windeyer
9
Lot 20, DP 82018, Parish of Windeyer
10
Lot 22, DP 756923, Parish of Windeyer
11
Lot 25, DP 756923, Parish of Windeyer
12
Lot 51, DP 756923, Parish of Windeyer
13
Lot 2, DP 1006125, Parish of Guntawang

Schedule 3Aggregated land within Zone No 1 (c1)

(Clause 20 (3) (c) (iii))

1
Lots 53, 91, 105, 158–163 (inclusive), 227, 228, 230 and 249, DP 755433, Parish of Gulgong