Orange Local Environmental Plan 2000 (NSW)

Case
No judgment structure available for this case.

Part 1Preliminary1Name of plan

This plan is Orange Local Environmental Plan 2000.

2Aims of plan

The aims of this plan are to:

  • (a)

    encourage development which complements and enhances the character of the City,

  • (b)

    provide for a range of development opportunities which contribute to the social, economic and environmental resources of the City in a manner that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

  • (c)

    conserve and enhance the water resources on which the City depends, particularly water supply catchments,

  • (d)

    manage rural land as an environmental resource that provides economic and social benefits for the City,

  • (e)

    provide a range of housing choices in planned urban and rural locations to meet population demands,

  • (f)

    recognise and manage valued environmental heritage, landscape and scenic features of the City,

  • (g)

    manage development in the vicinity of major industry and utilities for the benefit of the community,

  • (h)

    improve accessibility within and around the urban area of Orange by providing for traffic relief routes.

3Area where this plan applies

This plan applies to all land within the City of Orange.

4Effect of this plan on other plans(1)

This plan repeals all local environmental plans which applied to land within the City of Orange immediately before the day this plan takes effect.

(2)

This plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10):

City of Orange

(3)

Environmental planning instruments as in force immediately before the appointed day continue to apply to a development application if:

  • (a)

    the application was made but had not been finally determined before the appointed day, and

  • (b)

    the proposed development is prohibited by provisions of this plan but could, with consent, have been carried out in accordance with those instruments in force at that time.

(4)

This clause does not operate so as to reclassify, or to alter, repeal or revoke the classification of any land classified as operational land prior to the appointed day under the Local Government Act 1993.

5Consent authority

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

6Relationship of this plan with covenants and other instruments(1)

Any agreement, covenant or similar instrument which controls development that is otherwise permitted to be carried out either with or without consent under this plan does not apply to the extent necessary to allow that development.

(2)

Subclause (1) does not affect that part, if any, of any agreement, covenant or similar instrument that controls development according to density, floor space, site coverage, setbacks, external materials, fencing, building height, building location, car parking requirements, solar access, or the like.

(3)

Nothing in subclause (1) affects the rights or interests of the Council or any other public authority under any registered instrument.

(4)

In accordance with section 28 of the Act, the Governor approved of subclauses (1)–(3) before this plan was made.

7Use of terms in this plan(1)

In this plan:

  • (a)

    a reference to a building, work or place used for a purpose includes a reference to a building, work or place proposed to be used for the purpose, and

  • (b)

    terms used in this plan which are defined in Part 14 have the meanings given in that Part, and

  • (c)

    a reference to a map is a reference to a map kept in the office of the Council.

(2)

The list of contents of this plan and any notes in this plan do not form part of this plan.

Part 2General provisions8General considerations for development

Before determining an application for consent to development, where relevant, consideration shall be given by the consent authority to:

  • (a)

    the potential of that development to impact on:

    • (i)

      water quality of waterbodies, and

    • (ii)

      groundwater resources, and

    • (iii)

      the ability of rural land to be used for primary production, and

    • (iv)

      soil resources, and

    • (v)

      mineral resources, mines and extractive industries, and

    • (vi)

      existing vegetation, native flora and fauna, and

  • (b)

    the cumulative impact on the environment of:

    • (i)

      the development, and

    • (ii)

      other development in the vicinity of the proposed development, and

  • (c)

    the impact on the scenic, landscape or urban character of the area, and

  • (d)

    the impact of development on energy conservation, and

  • (e)

    the impact of the development on waste generation, and

  • (f)

    any measures necessary to mitigate any of these impacts.

9Temporary use of land(1)

Consent may be granted to the temporary use of land, not being designated development, subject to subclause (2) and despite any other provision of this plan, for a maximum period of 52 days, whether consecutive or not, in any one year.

(2)

Development to which this clause applies may be granted consent only if, in the opinion of the consent authority:

  • (a)

    appropriate arrangements will be made for the provision of utility services, vehicular and pedestrian access, parking and restoration of the site to the condition prevailing immediately before the carrying out of the proposed use, and

  • (b)

    it would be compatible with the character and amenity of the locality during and immediately after the carrying out of the proposed use, and

  • (c)

    the environment will be protected from any potential adverse impacts resulting from the development, and

  • (d)

    the development would not adversely affect the viability of land uses in business zones, and

  • (e)

    the development is appropriate as temporary development, and

  • (f)

    the period for carrying out the development is reasonable.

10Additional uses

Despite any other provision of this plan, development may be carried out, with the consent of the Council, on land identified in Schedule 1 if it is specified for that land in that Schedule, subject to any conditions that may be specified for the development in that Schedule.

11Land classified or reclassified as operational land(1)

Public land is classified or reclassified as operational land under this plan pursuant to Chapter 6 of the Local Government Act 1993, if it is specified in Schedule 2.

(2)

On the commencement of this plan the land described in Part 1 of Schedule 2, if it is a public reserve ceases to be a public reserve, and is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land except for:

  • (a)

    any reservations that except land out of a Crown grant relating to the land, and

  • (b)

    reservations of minerals (within the meaning of the Crown Lands Act 1989), and

  • (c)

    any conditions of a development consent relating to the land, and

  • (d)

    any easements or rights of way affecting the land.

(3)

In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

  • (a)

    any reservations that except land out of a Crown grant relating to the land, and

  • (b)

    reservations of minerals (within the meaning of the Crown Lands Act 1989), and

  • (c)

    any conditions of a development consent relating to the land, and

  • (d)

    any easements or rights of way affecting the land.

(4)

Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 2 was made, the Governor approved of subclauses (3) and (5) applying to the land.

(5)

In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 2, is the local environmental plan that inserted the description of the land in that Part.

(6)

Land described in Part 1 of Schedule 2 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

(7)

Matter under the Column headed “Use when reclassified” is merely indicative of how the land was intended to be used following its reclassification.

Part 3Special environmental considerations12Objectives of the special environmental considerations

The objectives of this Part are:

  • (a)

    to protect the City’s water resources, and

  • (b)

    to minimise the impact of development on the continued operation of existing major industry, utilities and infrastructure on which the City depends, and

  • (c)

    to ensure that land is adequately serviced prior to use, and

  • (d)

    to minimise the impact of development on the environment, and

  • (e)

    to minimise the impact of development on the operation of existing and proposed major roads.

13Sewage disposal

Before determining an application for consent to development that will result in the generation of sewage or other effluent, consideration shall be given by the consent authority to:

  • (a)

    whether the site of the proposed development should be connected to public sewerage facilities and, if so, whether the land is capable of being connected to public sewerage facilities either now or in the future, and

  • (b)

    the suitability of the site for on-site disposal of effluent and the ability of the effluent disposal system to function effectively over the long term without causing adverse effects on adjoining land, where public sewerage facilities are not to be provided to the land, and

  • (c)

    the likely effect of any on-site effluent disposal area on:

    • (i)

      any waterbodies in the vicinity, or water supply catchments, and

    • (ii)

      groundwater resources, and

    • (iii)

      seasonally waterlogged soils, and

  • (d)

    the cumulative environmental impacts of all on-site systems or works in the area with respect to water quality, soil degradation or odour, and

  • (e)

    the potential for recycling and beneficial reuse of effluent on the land or land in the vicinity, and

  • (f)

    the adequacy of the wet weather storage capacity of the proposed effluent systems or works, and

  • (g)

    the proposed means of monitoring and reporting on the performance of the effluent systems or works.

14Development in the vicinity of major industry and utility installations

Before determining an application for consent to development in or within the area shown on the map by red hatching, the consent authority must consider the suitability of the development in relation to:

  • (a)

    the prospective effects of odour, noise, dust, fumes and visibility from any offensive industries, utility installations, waste disposal areas or extractive industries in the vicinity, and

  • (b)

    the effectiveness of all measures employed and proposed to be employed according to the best available technology (not entailing excessive cost) to reduce or minimise the impact of offensive industries, utility installations, waste disposal areas or extractive industries in the vicinity.

15Land shaping(1)

Development consent is required for land shaping unless:

  • (a)

    it is carried out as exempt development, or

  • (b)

    it comprises soil conservation works undertaken for, or authorised by, the Department of Land and Water Conservation, or

  • (c)

    the consent authority is satisfied that the proposed development is of a minor nature.

(2)

Prior to determining an application for consent to development for the purposes of land shaping, consideration must be given by the consent authority to:

  • (a)

    the potential for the development to impact on:

    • (i)

      a water body, or

    • (ii)

      ground water quality and resources, or

    • (iii)

      stormwater drainage, or

    • (iv)

      flooding, or

    • (v)

      private property or public land, and

  • (b)

    measures required to mitigate possible impacts.

16Contaminated land(1)

Before the consent authority determines an application for consent to development on land which has been identified to the satisfaction of the consent authority as being contaminated land or in the consent authority’s opinion is likely to be contaminated land:

  • (a)

    the type and extent of the land contamination must be identified to the satisfaction of the consent authority, and

  • (b)

    a plan for remediation must be prepared according to the contamination identified on the land to the satisfaction of the consent authority.

(2)

When consent is granted to development on land subject to this plan, conditions may be imposed which:

  • (a)

    require further investigation, sampling and testing of the site area, and

  • (b)

    require remediation to be carried out to an appropriate standard, and

  • (c)

    require evidence that remediation has been carried out in accordance with the plan of remediation and to the appropriate standard.

(3)

Nothing in this clause affects the application of State Environmental Planning Policy No 55—Remediation of Land.

17Scenic areas(1)

The objective of this clause is to ensure development of scenic areas complements the natural and modified landscape character of areas recognised as contributing to highly valued scenic and landscape qualities of the City.

(2)

This clause applies to a scenic area which is identified by green hatching on the map.

(3)

Before granting consent for development of land within a scenic area, the consent authority must be satisfied that the proposed development will blend into the landscape through the use of appropriate siting and design, external materials and colours, and by retaining existing trees, including remnant vegetation, and enhancing the skyline when viewed either from the urban area of Orange or from public places in the vicinity of the land.

Part 4Zones and development18Zones which apply

A description of how each zone is depicted on the map is listed below:

Column 1

Column 2

Zones

Map colour

Rural:

Zone 1 (a)—General Farming

light brown

Zone 1 (c)—Rural Residential

khaki

Residential:

Zone 2 (a)—Urban Residential

pink

Zone 2 (d)—Urban Transition

brown

Zone 2 (v)—Village

scarlet

Business:

Zone 3 (a)—Regional Centre

light blue

Zone 3 (b)—Business Services

mid blue

Zone 3 (c)—Bulk Retail

dark blue

Industrial:

Zone 4—Industry and Employment

purple

Special Use:

Zone 5 (a)—Public Purposes

yellow

Zone 5 (b)—Distributor Roads

grey

Open Space:

Zone 6—Open Space and Recreation

green

Rural Environment Protection:

Zone 7—Water Supply Catchments

orange

19Categories of development that apply

This plan provides that development will be in one of the following categories of development:

  • (a)

    development that does not require development consent (which includes exempt development),

  • (b)

    local development that requires development consent and comprises complying development,

  • (c)

    other local development that requires development consent (which includes advertised development),

  • (d)

    prohibited development.

20Exempt development(1)

Development of minimal environmental impact listed in Part 16.1 of DCP 2004 is exempt development.

(2)

Development is exempt development only if:

  • (a)

    it does not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and

  • (b)

    it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

  • (c)

    it complies with any relevant development standards and requirements set for the development by this plan and by DCP 2004, and

  • (d)

    it does not contravene any condition of a development consent applying to the land, and

  • (e)

    it does not obstruct drainage of the site on which it is carried out, and

  • (f)

    it does not restrict any vehicular access to or from the site, and

  • (g)

    it complies with the requirements of the Council applying to the land for building adjacent to or over sewer mains, and

  • (h)

    it does not require a tree to be removed, and

  • (i)

    it is carried out behind the building line, where it is carried out in a heritage conservation area, except in the case of boundary fences that would comprise exempt development in the absence of this paragraph.

(3)

Development is not exempt development if it is carried out on land that:

  • (a)

    is an Aboriginal place under the National Parks and Wildlife Act 1974, or

  • (b)

    is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

  • (c)

    is an aquatic reserve declared under the Fisheries Management Act 1994.

Notes—
  • (1)

    Exempt development does not require assessment under Part 5 of the Act.

  • (2)

    Section 76 (3) of the Act says that exempt development cannot be carried out on land that is:

    • (a)

      critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or

    • (b)

      within a wilderness area (within the meaning of the Wilderness Act 1987).

21Development that does not require consent(1)

The following development does NOT require development consent:

  • (a)

    exempt development, or

  • (b)

    development listed in Schedule 4, or

  • (c)

    development identified, by the clause imposing general controls for the particular zone in which it is to be carried out, as development which may be carried out without consent, or

  • (d)

    development specified as development which may be carried out without consent in any other provision of this plan.

(2)

Development may be carried out without consent only if, where the development consists of or includes the erection of a building:

  • (a)

    it meets the deemed-to-satisfy requirements of the Building Code of Australia, and

  • (b)

    the building is erected in accordance with the manufacturer’s instructions and any relevant Australian Standards, in the case of a prefabricated building or building assembled from a kit, and

  • (c)

    the building is constructed of new materials, unless otherwise allowed by this plan, and

  • (d)

    the building is not situated over a sewer main or within an easement, unless in accordance with the terms of the easement.

(3)

Nothing in this plan prohibits, restricts or requires development consent for, or allows the consent authority to prohibit or restrict, the use of existing buildings of the Crown by the Crown or the carrying out by public authorities of any development described in Schedule 4 (1).

Note—

Development that does not require consent may still require assessment under Part 5 of the Act, unless it is exempt development.

22Complying development(1)

Development listed in Part 16.2 of DCP 2004 is complying development.

(2)

Development is complying development only if:

  • (a)

    it complies with the deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

  • (b)

    it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

  • (b1)

    it is not an existing use, as defined in section 106 of the Act, and

  • (c)

    it complies with the relevant development standards and requirements set for the development by this plan and by DCP 2004, and

  • (d)

    it is consistent with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land, and

  • (e)

    it does not contravene any condition of a development consent applying to the land, and

  • (f)

    it is more than 1 metre from any easement or public sewer main, or complies with any requirements specified by the appropriate sewer authority for building over sewers, and

  • (g)

    it has an approval (if required by the Local Government Act 1993) from the council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(3)

Development is not complying development if it is carried out on land that:

  • (a)

    is identified in this or any other environmental planning instrument, or in DCP 2004, as bushfire prone, flood liable or contaminated land or land subject to subsidence, slip or erosion, or

  • (b)

    comprises the site of a heritage item listed in Schedule 8, or

  • (c)

    is an Aboriginal place under the National Parks and Wildlife Act 1974, or

  • (d)

    is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

  • (e)

    is within an environmentally sensitive area comprising land which is:

    • (i)

      adjacent to land on which major industries or utility installations are carried out, being land shown on the map by red hatching, or

    • (ii)

      land adjacent to Orange Botanic Gardens to which clause 48 applies (shown by green hatching on the map), or

    • (iii)

      land to which clause 72 applies (shown by blue hatching on the map), or

    • (iv)

      within the Lucknow Heritage Conservation Area shown by crimson vertical hatching on the map in and around the Village of Lucknow, or

  • (f)

    is an aquatic reserve declared under the Fisheries Management Act 1994.

(4)

A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Part 16.3 of DCP 2004, as in force when the certificate is issued.

Notes—
  • (1)

    An application may be made to the Council or an accredited certifier for a complying development certificate.

  • (2)

    A complying development certificate can not be issued for development on land identified as an environmentally sensitive area.

23Advertised development(1)

Development described in Schedule 6 is declared to be advertised development for the purposes of the Act.

(2)

Subclause (1) does not make any subdivision advertised development.

24The zones(1)

Unless otherwise provided by this plan, the clause imposing general controls for each zone specifies:

  • (a)

    the objectives of the zone,

  • (b)

    the development, in addition to development listed in Schedule 4, which may be carried out without consent in that zone, and

  • (c)

    the development that may be carried out only with consent in that zone.

(2)

Development specified in the clause imposing general controls for a particular zone as development that may be carried out only with consent and highlighted in bold lettering is complying development, subject to clause 22.

(3)

Prior to determining an application for consent under this plan, the consent authority shall consider how the development meets:

  • (a)

    the general aims of this plan, and

  • (b)

    the specific objectives of the zone in which it is proposed to be carried out, and

  • (c)

    any other relevant objectives and requirements of this plan.

(4)

Despite any other provision of this plan (except clause 21 (3)), designated development may be carried out within a zone only with the consent of the consent authority.

25Prohibited development(1)

Development is prohibited on land to which this plan applies if it does NOT comprise:

  • (a)

    exempt development identified by clause 20, or

  • (b)

    other development identified by clause 21 as being allowed to be carried out without consent, or

  • (c)

    development listed in the clause imposing general controls for the zone in which the land is situated, as development which may be carried out either with or without consent.

(2)

For the purposes of clauses imposing general controls for zones, the use or construction of aircraft facilities or helicopter landing sites in conjunction with a dwelling are not development for the purpose of the dwelling.

26Development near zone boundaries(1)

Development may be carried out with consent on land that is not within Zone 7 and that adjoins land within another zone if the development is allowed with or without consent within the other zone.

(2)

Subclause (1) does not allow subdivision of land within a zone which would result in lots with areas less than the minimum area applicable to the zone.

(3)

Subclause (1) does not apply to land separated from land within a different zone by unzoned land.

(4)

Consent may be granted for development, as referred to in subclause (1), only if, in the opinion of the consent authority:

  • (a)

    the development is desirable due to planning, design, ownership, servicing or similar requirements relating to the optimum development of the land, and

  • (b)

    the development would not have an adverse impact on:

    • (i)

      a waterbody, or

    • (ii)

      the amenity of a residential area, and

  • (c)

    an area of land, sufficient and suitable for development allowed within the adjoining zone, is provided in the zone within which the development is carried out.

27Unzoned land

Development may be carried out with development consent on land shown uncoloured on the map if it may be carried out either with or without consent on adjoining zoned land.

28Subdivision(1)

Subdivision may be carried out within any zone, but only with development consent.

(2)

A subdivision certificate may be issued by an accredited certifier for a subdivision which:

  • (a)

    comprises complying development, or

  • (b)

    involves subdivision works which have been carried out in accordance with quality assurance procedures that have been approved by the Council prior to the commencement of the subdivision works relating to the subdivision.

Part 5Rural Zones29General controls for Zone 1 (a) (General Farming Zone)(1)

The objective of Zone 1 (a) is to provide for an area with an open rural character comprising agriculture, other primary industries and development consistent with a rural location, and which includes some rural living opportunities that do not reduce the potential for productive primary industries.

(2)

In Zone 1 (a), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    abattoirs

    advertisements associated with the use of the land

    aircraft facilities

    animal establishments

    bed and breakfast accommodation

    caravan parks

    communication facilities

    community facilities

    convenience stores

    dams

    dual occupancies

    dwelling houses

    educational establishments

    energy generation

    entertainment establishments

    extractive industries

    forestry

    group homes

    guest houses

    hazardous industries

    hazardous storage establishments

    helicopter landing sites

    heliports

    holiday accommodation

    home businesses

    hospitals

    institutions

    intensive horticulture

    intensive livestock

    industries

    land shaping

    materials recycling centre

    mines

    motels

    offensive industries

    offensive storage facilities

    outbuildings

    plant nurseries

    recreation areas

    recreation facilities

    research facilities

    restaurants

    road transport terminals

    roads

    rural industries

    sawmills

    shops used primarily for selling art and crafts

    stock selling centres

    transport depots

    utility installations

    veterinary clinics

    waste management facilities

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

30General controls for Zone 1 (c) (Rural Residential Zone)(1)

The zone objective of Zone 1 (c) is to provide for rural lifestyle opportunities and complementary uses on small holdings with close proximity to the Orange urban area, which are compatible with the environmental characteristics of the land.

(2)

In Zone 1 (c), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with the use of the land

    animal establishments

    bed and breakfast accommodation

    communication facilities

    community facilities

    convenience stores

    dams

    dual occupancies

    dwelling houses

    educational establishments

    forestry

    group homes

    guest houses

    holiday accommodation

    home businesses

    intensive horticulture

    land shaping

    outbuildings

    plant nurseries

    recreation areas

    recreation facilities

    restaurants

    roads

    shops for the purposes of selling art and craft

    utility installations

    veterinary clinics

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

31Minimum allotment sizes in rural areas(1)

Land in Zone 1 (a) or 1 (c) may be subdivided if each allotment created has an area not less than the area specified for each zone as follows:

Zone

Minimum area of allotment

1 (a)

100 hectares (subject to subclauses (2) and (3))

40 hectares (if subclause (2) applies)

16 hectares (if subclause (3) applies)

1 (c)

2 hectares (subject to subclause (5))

(2)

Land in Zone 1 (a) may be subdivided to create an allotment of less than 100 hectares but not less than 40 hectares if:

  • (a)

    the consent authority is satisfied the allotment will be used for the purpose of agriculture, and

  • (b)

    the consent authority is satisfied that the proposed allotment will be used for sustainable agricultural production in accordance with a farm plan, and

  • (c)

    the applicant demonstrates to the consent authority that the creation of the allotment will not diminish the potential of the land or any other land to be used for agriculture.

(3)

Land in Zone 1 (a) may be subdivided to create an allotment of less than 40 hectares but not less than 16 hectares if:

  • (a)

    the consent authority is satisfied the allotment will be used for the purpose of agriculture comprising horticulture or viticulture, and

  • (b)

    the allotment is being used, or arrangements have been made to the satisfaction of the consent authority for the use of the allotment as a productive horticultural or viticultural enterprise that is or will contribute to the agricultural output of the area, and

  • (c)

    the applicant demonstrates to the consent authority that the creation of the allotment will not diminish the potential of the land or any other land to be used for agriculture.

(4)

Land in Zone 1 (a) may be subdivided to create an allotment of any area if the consent authority is satisfied that the allotment will be used for a purpose permitted on the land, other than agriculture or dwellings.

(5)

Land in Zone 1 (c) may be subdivided to create allotments with areas of less than 2 hectares where the average area of the lots to be created is not less than 2 hectares if the consent authority is satisfied that:

  • (a)

    the lots will be used for the purpose of dwelling houses, and

  • (b)

    each lot can sustain a dwelling house, taking into account the suitability of the land for construction and sewage management systems, and

  • (c)

    the lot layout provides for the rural character of the area and remnant bushland, if any, to be conserved.

(6)

For the purposes of subclause (5), the average area of lots to be created by a staged subdivision is to be determined by reference to all lots to be created by all stages of the subdivision.

32Concessional lots from existing holdings(1)

Notwithstanding clause 31, consent may be granted to the subdivision of land within Zone 1 (a) by which one allotment with an area not greater than 2 hectares is excised from land if:

  • (a)

    the consent authority is satisfied that the allotment will be excised for the purpose of containing a dwelling house, and

  • (b)

    the land from which the allotment will be excised is:

    • (i)

      an existing holding having an area of at least 16 hectares, or

    • (ii)

      the residue of an existing holding from which, prior to the appointed day, one lot was excised having an area of at least 20 hectares, or

    • (iii)

      the residue of an existing holding from which, prior to the appointed day, up to two lots were excised with an area of at least 30 hectares each.

(2)

For the purposes of subclause (1) (b) (ii) or (iii), a lot is deemed to have been excised prior to the appointed day where a current development consent issued in accordance with clause 23 of Orange Local Environmental Plan No 11 but a subdivision certificate had not been issued prior to the appointed day.

(3)

The Council must not grant consent to development referred to in subclause (1) after the date of the third anniversary of the appointed day or such later date as the Minister may, before that third anniversary, notify by order published in the Gazette.

33Subdivision for managed agriculture(1)

Consent may be granted to the subdivision of land in Zone 1 (a) to create allotments of any area which are to be used for, and in association with, agriculture for the purpose of horticulture or viticulture, where:

  • (a)

    the consent authority is satisfied that a farm plan demonstrates that the proposed allotment will be used and managed for sustainable agricultural production, and

  • (b)

    the lots will be subdivided to create a scheme under the Community Land Development Act 1989.

(2)

The scheme referred to in subclause (1) (b) may contain lots for the purpose of dwelling houses subject to the number of lots not exceeding 1 for every 16 hectares of the total land within the scheme.

34Monitoring of rural subdivision activities

The Council shall maintain:

  • (a)

    a register which records all decisions made for subdivisions in Zone 1 (a) (in accordance with clauses 31, 32 and 33) and Zone 7, and

  • (b)

    a map showing the location of all subdivisions made in accordance with those clauses,

and the register and map shall be publicly available for inspection.

35Dwelling houses in rural zones(1)

A dwelling house may be erected on vacant land within Zone 1 (a) or 1 (c) where the land:

  • (a)

    comprises the whole of an existing holding, or

  • (b)

    is an allotment created in accordance with clause 31 (1), (2), (3) or (5), or

  • (c)

    is an allotment created in accordance with a development consent granted in accordance with a previous environmental, or deemed environmental planning instrument, being an allotment on which a dwelling could have been erected immediately before the appointed day.

(2)

A dwelling house may be erected on vacant land within Zone 1 (a) where the land:

  • (a)

    is an allotment created in accordance with clause 32, or

  • (b)

    has an area of at least 16 hectares and the consent authority is satisfied that the land has been developed and is being used for sustainable horticultural, or viticultural, enterprises, or

  • (c)

    was created by a subdivision for the purpose of a dwelling house in accordance with clause 33 (2).

(3)

A dwelling house may be erected on land that contains an existing habitable dwelling house where it is intended to replace the existing dwelling house which shall be either demolished or altered so that it may be used for an outbuilding or other use allowed within the zone.

36Dual occupancy in rural zones

Development for the purpose of a dual occupancy may be carried out, with consent, on land within Zone 1 (a) or 1 (c), but only where:

  • (a)

    both dwellings are and continue to be located on the same lot or parcel, and

  • (b)

    each dwelling is attached, or in close proximity, to the other, and

  • (c)

    the land may be developed for the purpose of a dwelling house in accordance with clause 35.

37On-site sale of primary produce

Consent may be granted for rural produce, including wine, substantially grown or produced on land within Zone 1 (a) or 1 (c) being offered for sale by the producer where the consent authority is satisfied that:

  • (a)

    the building or place used for the sale of produce is situated wholly within the land, and

  • (b)

    there are adequate parking and manoeuvring areas associated with the building or place used for the sale of produce, and adequate access to a public road, and

  • (c)

    the building or place used for the sale of produce complements the rural character of the locality.

Part 6Residential Zones38General controls for Zone 2 (a) (Urban Residential Zone)(1)

The objective of Zone 2 (a) is to provide for a fully serviced urban residential environment with a range of housing forms and complementary community and business uses taking into account the distinct character of existing and proposed localities within the urban area.

(2)

In Zone 2 (a), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • recreation areas on public land

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with the use of the land

    agriculture

    animal establishments

    bed and breakfast accommodation

    boarding houses

    business premises in Schedule 7

    child care centres

    communication facilities

    community facilities

    caravan parks

    convenience stores

    dams

    dual occupancies

    dwelling houses

    educational establishments

    exhibition homes

    group homes

    guest houses

    health consulting rooms

    hotels

    home businesses

    housing for aged or disabled persons

    land shaping

    motels

    outbuildings

    places of worship

    plant nurseries

    recreation areas

    recreation facilities

    residential units

    restaurants

    roads

    shops in Schedule 7

    utility installations

    veterinary clinics

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

39General controls for Zone 2 (d) (Urban Transition Zone)(1)

The zone objective for Zone 2 (d) is to provide for an area with a predominantly rural character comprising housing and complementary uses on rural small holdings in a manner that will not restrict future serviced urban development in accordance with the Council’s urban release strategy.

(2)

In Zone 2 (d), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture, recreation areas on public land

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with the use of the land

    animal establishments

    bed and breakfast accommodation

    communication facilities

    community facilities

    convenience stores

    dams

    dual occupancies

    dwelling houses

    educational establishments

    group homes

    guest houses

    home businesses

    housing for aged or disabled persons

    land shaping

    outbuildings

    places of public worship

    plant nurseries

    recreation areas

    recreation facilities

    restaurants

    roads

    utility installations

    veterinary clinics

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

40General controls for Zone 2 (v) (Village Zone)(1)

The objective of Zone 2 (v) is to provide for a mix of housing, community uses, business and light industries which combine to provide a distinct village character, while recognising the significance of protecting water quality within the water supply catchment.

(2)

In Zone 2 (v), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture, recreation areas on public land

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with the use of the land

    animal establishments

    bed and breakfast accommodation

    boarding houses

    business premises

    car parks

    caravan parks

    child care centres

    communication facilities

    community facilities

    convenience stores

    dams

    depots

    dual occupancies

    dwelling houses

    educational establishments

    exhibition homes

    forestry

    group homes

    guest house

    health consulting rooms

    holiday accommodation

    home businesses

    hotels

    housing for aged or disabled persons

    land shaping

    light industries

    materials recycling centres

    motels

    passenger transport terminals

    places of worship

    plant nurseries

    recreation areas

    recreation facilities

    research facilities

    restaurants

    road transport terminals

    roads

    rural industries

    outbuildings

    shops

    transport depots

    utility installations

    veterinary clinics

    waste management facilities for the purposes of transfer stations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

41Urban Residential Zone—general considerations

Consent may be granted for development on land within Zone 2 (a) only if, in the opinion of the consent authority:

  • (a)

    the development would be compatible with the existing and likely future character and amenity of the residential locality in terms of:

    • (i)

      its scale, bulk, design, appearance, height, siting and landscaping, and

    • (ii)

      traffic generation and car parking, and

    • (iii)

      noise, dust, light and odour generation, and

    • (iv)

      privacy and overshadowing, and

    • (v)

      hours of operation, and

  • (b)

    adequate arrangements have been made for the supply of water, and the disposal of sewage and stormwater, and

  • (c)

    the development incorporates measures for the conservation of energy, and waste management.

42Development in the Urban Transition Zone(1)

The objective of this clause is to ensure that subdivision of land in Zone 2 (d) is carried out in a manner that facilitates future urban development.

(2)

Land within Zone 2 (d) may be subdivided by excising an allotment with an area of not less than 2 hectares that is the site of a lawfully erected dwelling house that existed at the appointed day provided that the residue of the allotment has an area of at least 16 hectares or the subdivision enables the residue of the allotment to be consolidated with another allotment to create an allotment or allotments with an area of at least 16 hectares.

(3)

Land within Zone 2 (d) in the area west of Ploughmans Lane in the Suburb of Calare may be subdivided for the purpose of dwelling houses to create lots with areas of at least 2 hectares where:

  • (a)

    the land is suitable for on-site sewage management systems, and

  • (b)

    a house site is identified which will not diminish the future development of the land for urban residential purposes.

(4)

Land in Zone 2 (d) in the area west of Ploughmans Lane in the Suburb of Calare may be subdivided for the purpose of dwelling houses to create allotments with areas less than 2 hectares where the average area of the lots to be created is not less than 2 hectares and where the consent authority is satisfied that:

  • (a)

    each lot can sustain a dwelling house taking into account the suitability of the land for construction and sewage management systems, and

  • (b)

    the lot layout relates to the site’s topographical features, provides for the rural residential character of the area to be maintained pending future urban residential development and for any remnant bushland to be conserved, and

  • (c)

    a house site is identified which will not diminish the future development of the land for urban residential purposes.

(5)

Land within Zone 2 (d) may be subdivided for the purpose of dwelling houses to create allotments with areas not less than 4,000 square metres where:

  • (a)

    the allotments will be serviced by public sewerage facilities provided by or on behalf of the Council, and

  • (b)

    a house site is identified on each allotment that will not diminish the future development of the land for urban residential purposes including provision for roads, public utility undertakings, communication facilities and open space.

43Shops and business premises in residential zones(1)

Consent may granted for a shop or business premises in Zone 2 (a) only where:

  • (a)

    the shop or business premises are listed in Schedule 7, and

  • (b)

    the consent authority is satisfied that the shop or business premises is required to serve the convenience needs of residents within the surrounding residential area taking into account the number and size of existing shops in the surrounding residential area.

(2)

Development for the purpose of business premises may be carried out only within a neighbourhood centre or established group of shops and business premises.

(3)

Supermarkets, department stores or discount department stores or substantial shopping centres are prohibited within residential zones.

44Exhibition homes or land sales offices

Consent may be granted for exhibition homes or business premises used for the purpose of a land sales office on land within Zone 2 (a) only if:

  • (a)

    they are designed in such a way that they will not adversely affect the existing and likely future character and amenity of nearby residential areas, and

  • (b)

    they are designed in such a way that they will accommodate the demand for car parking and will not adversely affect traffic movement on nearby residential areas, and

  • (c)

    their use for exhibition or sales is restricted by a condition of development consent to a limited period.

45Home businesses(1)

Consent may be granted for a home business in Zone 1 (c), 2 (a) or 2 (d) where:

  • (a)

    the business is carried out on land upon which is erected a dwelling house, and

  • (b)

    a maximum of 3 people carry out business activities at any one time, including residents, and

  • (c)

    the development is compatible with the character and amenity of the surrounding residential area in terms of:

    • (i)

      traffic generation and car parking, and

    • (ii)

      design, scale, bulk, height, siting and landscaping, and

    • (iii)

      hours and method of operation, and

    • (iv)

      noise, light, dust and odour generation, and

    • (v)

      privacy, and

    • (vi)

      overshadowing.

(2)

Despite subclause (1), consent may be granted for a home business on land within Zone 2 (a) shown edged heavy black on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 6)” only if:

  • (a)

    the requirements set out in subclause (1) (a) and (c) are met in relation to the development, and

  • (b)

    a maximum of 5 people carry out business activities at any one time, including residents, and

  • (c)

    the consent authority is satisfied that the development incorporates a high quality of urban design.

46Dual occupancies and residential units

Consent may be granted for dual occupancies or residential units on land in Zone 2 (a) where:

  • (a)

    the land is situated in an area which is suitable for dual occupancy housing or residential units taking into account the residential character of the area, and

  • (b)

    the development is compatible with the character and amenity of the surrounding residential area in terms of:

    • (i)

      site area and shape, and

    • (ii)

      traffic generation and car parking, and

    • (iii)

      design, scale, bulk, height, siting and landscaping, and

    • (iv)

      privacy, and

    • (v)

      overshadowing.

47Development in the Village of Lucknow

Due to the former mining activity in the Village of Lucknow, consent may be granted for development in the Village of Lucknow and on land adjacent to the Village which is likely to have been used for mining, only where the consent authority has considered a professionally prepared geotechnical report which indicates that the land is suitable for the development and which at least addresses the following:

  • (a)

    the suitability of the land taking into account the effect of the development on mine shafts, mine spoil and other mining relics, and

  • (b)

    the potential of mine subsidence or land contamination to affect the development, and

  • (c)

    measures to ensure that development complements the character of the Village represented by former mining activity and relics.

48Development in the vicinity of the Orange Botanic Gardens

To ensure that development in the vicinity of the Orange Botanic Gardens complements the setting of the gardens, consent may be granted for a building to be erected in the Scenic Area adjacent to Orange Botanic Gardens, as indicated by green hatching on the map, only if the consent authority is satisfied that:

  • (a)

    it will be located at a sufficient distance from the boundary of the Orange Botanic Gardens, and

  • (b)

    it will have a building height which does not unreasonably intrude on the landscape features and views from the Orange Botanic Gardens.

49Residential development in Ploughmans Valley Release Area(1)

This clause applies to land within Zone 2 (a) generally bounded by Forbes Road, Gorman Road and the proposed distributor road route commonly known as “Area 2” in the Ploughmans Valley Release Area.

(2)

To ensure that development takes into account the unique landscape qualities of the Valley and provides suitable separation between houses and arterial roads, consent may be granted only to subdivisions which create large lots adjoining arterial roads and along the western boundary of Zone 2 (a) in the vicinity of the western ridge.

Part 7Business Zones50General Controls for Zone 3 (a) (Regional Centre Zone)(1)

The objective of Zone 3 (a) is to promote development which contributes to the role of the Orange central business district (CBD) as the primary retail and business centre in the City and region. Redevelopment of public car parking areas is essential to ensure the long term viability of the CBD.

(2)

In Zone 3 (a), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • recreation areas on public land, street furniture including shelters and landscaping in public places undertaken by or on behalf of the Council

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements

    agribusiness

    bed and breakfast accommodation

    boarding houses

    bulk retail

    business premises

    car parks

    child care centres

    communication facilities

    community facilities

    convenience stores

    depots

    dual occupancy

    dwelling houses

    educational establishments

    energy generation

    entertainment establishments

    fast food outlets

    group homes

    guest houses

    health consulting rooms

    home businesses

    hospitals

    hotels

    housing for aged or disabled persons

    land shaping

    light industries

    materials recycling centres

    motels

    motor showrooms

    offices

    outbuildings

    passenger transport terminals

    places of worship

    plant hire

    plant nurseries

    public buildings

    recreation areas

    recreation facilities

    registered clubs

    research facilities

    residential units

    restaurants

    roads

    service stations

    shops

    technology centres

    transport depots

    utility installations

    vehicle repair stations

    veterinary clinics

    warehouses

    waste management facilities for the purposes of waste transfer

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

51General Controls for Zone 3 (b) (Business Services Zone)(1)

The objective of Zone 3 (b) is to provide a range of commercial activities, primarily professional and trade services, and offices which support but do not detract from the role of the CBD as the primary business centre within the City. In order to protect the role of the CBD, retailing is limited and, as such, shopping centres, bulk retail centres, supermarkets or other major retail facilities are not appropriate within this zone.

(2)

In Zone 3 (b), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • recreation areas on public land, street furniture including shelters and landscaping in public places undertaken by or on behalf of the Council

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements

    agribusiness

    bed and breakfast accommodation

    boarding houses

    brothels

    business premises

    car parks

    child care centres

    communication facilities

    community facilities

    convenience stores

    dams

    depots

    dual occupancies

    dwelling houses

    educational establishments

    energy generation

    entertainment establishments

    exhibition homes

    fast food outlets

    group homes

    guest houses

    health consulting rooms

    home businesses

    hospitals

    hotels

    housing for aged or disabled persons

    land shaping

    light industries

    materials recycling centres

    motels

    motor showrooms

    offices

    passenger transport terminal

    place of public worship

    plant hire

    plant nurseries

    public buildings

    recreation areas

    recreation facilities

    registered clubs

    research facilities

    residential units

    restaurants

    road transport terminals

    roads

    service stations

    shops

    shops subject to clause 54

    technology centres

    utility installations

    vehicle repair stations

    veterinary hospitals

    warehouses

    waste management facilities for the purposes of recycling or waste transfer

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

51ADevelopment in vicinity of Perc Griffith Way(1)

Consent may be granted for development on land within Zone 3 (b) that is located within the water supply catchment only if:

  • (a)

    in the opinion of the consent authority:

    • (i)

      the development will not have an adverse impact on the water supply catchment, and

    • (ii)

      the development (including any subdivision) provides for the integrated and effective management of stormwater runoff from all buildings and roads and other sealed surfaces (for example pathways and driveways), and

  • (b)

    the consent authority is satisfied that the development incorporates appropriate measures to ensure that pollutants (including elevated nutrient levels from stormwater runoff or sewage effluent) do not enter the water supply catchment.

(2)

Despite clause 51, consent must not be granted to development for the purpose of dwelling houses, group homes or residential units on land within Zone 3 (b) that is located within the water supply catchment.

(3)

Consent may be granted for development on land within Zone 3 (b) adjacent to Perc Griffith Way only if, in the opinion of the consent authority:

  • (a)

    the bulk, scale, height and siting of any proposed buildings and the landscaping of the site would contribute to and enhance the character of the area as the “eastern gateway” to Orange, and

  • (b)

    traffic generated from the development will not have an adverse impact on the existing and likely future function of the Mitchell Highway as the major route to and from Orange.

52General controls for Zone 3 (c) (Bulk Retail Zone)(1)

The objective of Zone 3 (c) is to facilitate the establishment of a limited range and type of retail outlets and associated uses, predominantly large floor space uses, which because of their particular operational requirements are less suited to city centre locations.

(2)

In Zone 3 (c), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements

    bulk retail

    car parks

    caravan parks

    child care centres

    communication facilities

    community facilities

    dams

    depots

    educational establishments

    entertainment establishments

    exhibition homes

    fast food outlets

    hotels

    land shaping

    motels

    motor showrooms

    passenger transport terminals

    places of worship

    plant hire

    plant nurseries

    public buildings

    recreation areas

    recreation facilities

    registered clubs

    research facilities

    restaurants

    roads

    service stations

    technology centres

    utility installations

    vehicle repair stations

    waste management facilities for the purposes of recycling or waste transfer

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

53Development within Zone 3 (a) in the Orange CBD

Consent may be granted for development comprising the erection of a building on land within Zone 3 (a) in the Orange CBD, only where the consent authority is satisfied that:

  • (a)

    it encourages continuity in streetscape character through consistent building alignments and heights, facade treatment, and provision of verandahs, awnings or similar means of protection for pedestrians within and adjacent to the land, and

  • (b)

    it can accommodate the demand for car parking, whether by on-site provision or contribution towards public parking facilities, or both.

54Retailing in Zone 3 (b)(1)

Consent may be granted for shops within Zone 3 (b) only where the consent authority is satisfied that the development will not detract from the role of the CBD as the major business centre in the City.

(2)

This clause does not allow the establishment of supermarkets, bulk retail centres, department stores or discount department stores or substantial shopping centres or complexes within Zone 3 (b).

(3)

Despite any other provision of this plan, consent must not be granted for the purposes of a shop on land within Zone 3 (b) shown edged heavy black on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 6)” unless the consent authority is satisfied that the combined gross floor area of all shops to be erected on that land will not exceed 1,000 square metres.

55Bulk retail in Zone 3 (c)(1)

Consent may be granted for development for the purpose of bulk retail within Zone 3 (c) only where:

  • (a)

    the sale of items is limited to those specified in paragraph (b), and

  • (b)

    the gross floor area of the part of the building used for the sale, storage and display of each of the following items offered for sale at the bulk retail, is not less than the area shown below:

    Bulk retail items

    Gross floor area

    furniture

    500 square metres

    electrical goods

    500 square metres

    toy and sporting equipment

    500 square metres

    office supplies

    500 square metres

    hardware and building supplies

    500 square metres

    outdoor products

    500 square metres

    floor coverings

    250 square metres

    automotive parts and accessories

    250 square metres

    lighting

    250 square metres

    antiques and second hand goods

    250 square metres

    kitchen or bathroom showrooms

    150 square metres

    tiles (floor, ceiling, wall)

    150 square metres

  • (c)

    the consent authority is satisfied that the proposed development will not have an adverse impact on the viability of land within Zone 3 (a) in the Orange central business district.

(2)

This clause does not permit the establishment of supermarkets, department stores or specialty stores for the primary purposes of selling food for home consumption, clothes, footwear and fashion accessories within Zone 3 (c).

56Eastern Gateway Development(1)

This clause applies to land within Zone 3 (c) situated on the Mitchell Highway comprising Lot 1 DP 153167 and Part Lot 25 DP 750401.

(2)

Consent may be granted for development on the land to which this clause applies only if:

  • (a)

    in the opinion of the consent authority:

    • (i)

      the bulk, scale, height and siting of any proposed buildings and the landscaping of the site of the proposed development would contribute to and enhance the character and amenity of the land as the “eastern gateway” to Orange, and are compatible with the amenity of the nearby residential areas, and

    • (ii)

      the development will not have an adverse impact on the City’s drinking water catchment area, and

    • (iii)

      traffic generated by the development and access to the site of the development will not have an adverse impact on the existing and likely future function of the Mitchell Highway as the major transport route to and from Orange, and

  • (b)

    the ratio of the gross floor area of buildings to the site area does not exceed 0.25:1.

(3)

Consent may be granted for restaurants on the land to which this clause applies, in conjunction with a use listed in clause 55 or a fast food outlet, only where in the opinion of the consent authority the restaurant will not have an adverse impact on the role of the CBD or other business centres.

Part 8Industry and Employment Zone57General controls for Zone 4 (Industry and Employment Zone)(1)

The objectives of Zone 4 are to provide areas for a range of industrial and employment-generating uses, and permit commercial development where it is ancillary to and associated with an industrial or employment-generating use of land within the zone, or it serves the convenience needs of the workforce in the area, provided that commercial development does not have an adverse impact on the continued viability of land within business zones in Orange.

(2)

In Zone 4, the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture, recreation areas on public land provided by or on behalf of the Council, street furniture and landscaping in public places provided or undertaken by or on behalf of the Council

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    abattoirs

    advertisements

    agribusiness

    animal establishments

    brothels

    bulk retail allowed by clause 58

    car parks

    child care centres

    communication facilities

    community facilities

    convenience stores

    dams

    depots

    dwelling houses in association with and on the same land as another use allowed in the zone

    educational establishments

    energy generation

    entertainment establishments

    exhibition homes

    extractive industries

    forestry

    hazardous industries

    hazardous storage establishments

    helicopter landing sites

    heliports

    home businesses

    industries

    intensive horticulture

    land shaping

    light industries

    materials recycling centres

    motor showrooms

    offensive industries

    offensive storage facility

    offices used in conjunction with another use permissible in the zone

    outbuildings

    passenger transport terminals

    places of worship

    plant nurseries

    plant hire

    public buildings

    recreation areas

    recreation facilities

    research facilities

    road transport facilities

    roads

    rural industries

    sawmills

    service stations

    shops

    stock selling centres

    technology centres

    transport depots

    utility installations

    vehicle repair stations

    veterinary clinics

    warehouses

    waste management facilities

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

58Retailing in industrial areas(1)

Consent may be granted for a shop in Zone 4 only if:

  • (a)

    the consent authority is of the opinion that the shop will serve the needs of the workforce within the industrial area and will not prejudice the viability and function of zoned business areas, or

  • (b)

    the shop is ancillary to, and situated on the same land as, other purposes permitted in the zone.

(2)

Subclause (1) does not prevent consent from being granted for bulk retail in Zone 4 for the principal purpose of selling:

  • (a)

    agricultural produce, supplies, plant or equipment, or

  • (b)

    building products, or

  • (c)

    motor vehicle parts or accessories or tyres, in which case consent may also be granted for tyre fitting, or

  • (d)

    second hand or office furniture.

59Development near a residential zone

Consent may be granted for development within Zone 4 which is in the vicinity of land within a residential zone only if, in the opinion of the consent authority, it would be compatible with the character and amenity of the existing and likely future nearby residential areas in terms of:

  • (a)

    its design, siting and landscaping, and

  • (b)

    its methods and hours of operation, traffic generation and car parking, and

  • (c)

    noise, light, dust and odour nuisance, and

  • (d)

    privacy and overshadowing.

Part 9Special Uses and Roads Zone60General controls for Zone 5 (a) (Public Purposes Zone)(1)

The objectives of Zone 5 (a) are to identify land used or required to be used for a public purpose, including uses undertaken by, on behalf of, or under the authority of a public authority, and to identify land which is used for a purpose which has specific land use requirements not otherwise provided for in adjoining zones.

(2)

In Zone 5 (a), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture

    • Exempt development,

    • Use of a building lawfully erected for, or ancillary to, the particular land use specified on the map.

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with the use of the land

    car parks

    communication facilities

    dams

    land shaping

    public buildings

    recreation areas

    roads

    the particular land use specified on the map

    utility installations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

61General controls for Zone 5 (b) (Distributor Roads Zone)(1)

The objective of Zone 5 (b) is to identify land required for proposed roads to provide for an alternate heavy vehicle route around the City Centre and to distribute local traffic through the City. The zone is also intended to protect the land from incompatible development pending the construction of these roads.

(2)

In Zone 5 (b), the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture

      • roads and associated works

    • Exempt development,

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    car parks

    communication facilities

    dams

    land shaping

    recreation areas

    utility installations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

62Land acquisition within Zone 5 (b)(1)

The owner of land within Zone 5 (b) may, in writing, request the Council to acquire the land.

(2)

On receipt of a request, the Council must make arrangements to acquire the land if:

  • (a)

    the land is included in a 5 year works program of the Council, current at the time of the request to acquire, or

  • (b)

    the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.

(3)

The Council is not required to acquire the land if it might reasonably be required to be dedicated as a condition of consent to the carrying out of development.

63Use of land within Zone 5 (b)(1)

Consent may be granted to development on land within Zone 5 (b) prior to its acquisition by the Council:

  • (a)

    if the development may be carried out either with or without consent on land in an adjoining zone, or

  • (b)

    if the development is compatible with development which may be carried out on land in an adjoining zone.

(2)

In considering an application for such a consent, the consent authority must consider:

  • (a)

    the imminence of acquisition, and

  • (b)

    the likely additional cost to the Council resulting from carrying out of the proposed development.

(3)

Consent may be granted to any development of land in Zone 5 (b) if the land is, in the opinion of the consent authority, no longer required for the specified land use shown on the map.

64Distributor roads

New vehicular access, other than a public road opened with the approval of the Council, must not be created to a road indicated on the map as restricted access to a distributor road.

65Development along transport routes(1)

Consent may be granted to development on land which adjoins an arterial road only where the consent authority has considered:

  • (a)

    the likely impact of the development, including its visual impact, on the safety, efficiency and function of the road, and

  • (b)

    whether access can be provided to the site of the development by a road other than an arterial road, and

  • (c)

    the adequacy of the location and design of any access to the road, and

  • (d)

    whether any measures are required to alleviate noise impacts from the adjoining road.

(2)

Consent may be granted to development on land which adjoins Cadia Road, being a principal access route to Cadia Mines, only where the consent authority has considered:

  • (a)

    the likely impact of the development on the safety, efficiency and function of the road, and

  • (b)

    whether any measures are required to be carried out in conjunction with the development to mitigate potential noise impacts from the adjoining road.

66Use of land at Orange (Spring Hill) Airport(1)

Consent may be granted to development on land at, adjoining or adjacent to, Orange Airport for aircraft-related purposes, including industries or business premises, or other land uses associated with air transport.

(2)

In considering an application for such a consent, the consent authority must take into account the following:

  • (a)

    the demand for, and availability of utility services,

  • (b)

    whether any measures are necessary to protect the water catchment area from development impacts.

67Development in the vicinity of Orange (Spring Hill) Airport(1)

Consent may be granted for development on land in the vicinity of Orange Airport, only where the consent authority has considered:

  • (a)

    the potential impact of the airport on the development to which the application relates, and

  • (b)

    the current Obstacle Limitation Surfaces Plan for Orange Airport completed by or on behalf of the airport operator and kept in the office of the Council.

(2)

A building may be erected on land in the vicinity of Orange Airport within the area indicated by red hatching on the map only if the building complies with Australian Standard AS 2021–1994Acoustics—Aircraft noise intrusion—Building Siting and Construction).

Part 10Open Space and Recreation Zone68General controls for Zone 6 (Open Space and Recreation Zone)(1)

The objective of Zone 6 is to ensure that public and private open space meets a range of recreational needs of residents of the City, and enhances and protects the environment of Orange.

(2)

In Zone 6, the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture, recreation areas on Crown or public land

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with a land use allowed in the zone

    car parks

    caravan parks

    communication facilities

    community facilities

    dams

    forestry

    helicopter landing sites

    holiday accommodation on land other than public land

    motels on land other than public land

    recreation areas on land other than Crown or public land

    recreation facilities

    registered clubs

    restaurants

    roads

    utility installations

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

69Land acquisition within Zone 6(1)

The owner of land within Zone 6 may, in writing, request the Council to acquire the land.

(2)

On receipt of a request the Council must make arrangements to acquire the land, unless the land might reasonably be required to be dedicated as a condition of consent to the carrying out of development.

(3)

This clause does not apply to Crown land held by a public authority for the purpose for which it is reserved or land that is used or is proposed to be developed for recreational purposes by a private or community organisation, such as a club or organisation established for golf, bowls or other sporting or recreational purposes.

70Use of public land within Zone 6(1)

Consent may be granted for any development on land within Zone 6 being community land as defined under the Local Government Act 1993 where the development is consistent with an adopted plan of management prepared in accordance with that Act.

(2)

In assessing a development application for consent to development on community land within Zone 6 the consent authority shall consider:

  • (a)

    the need for the proposed development on that land, and

  • (b)

    the impact of the proposed development on the existing or likely future use of the land, and

  • (c)

    how any proposed building complements the use of the land as public open space, and

  • (d)

    whether public use of, and access to, the site will be affected and to what extent.

Part 11Rural Environment Protection Zone71General controls for Zone 7 (Water Supply Catchments Zone)(1)

The objective of Zone 7 is to manage development within those rural areas which comprise water supply catchments in a way that conserves and enhances the City’s and district’s water resources while maintaining the rural function and character of the area generated by productive primary industries and some living opportunities.

(2)

In Zone 7, the following:

  • (a)

    is allowed without consent:

    • Development for the purpose of:

      • agriculture

  • (b)

    is allowed only with consent:

    Subdivision

    Development for the purpose of:

    advertisements associated with the use of the land

    aircraft facilities

    animal establishments

    bed and breakfast accommodation

    caravan parks serviced by public sewerage facilities

    communication facilities

    community facilities

    convenience stores

    dams

    depots

    dual occupancies

    dwelling houses

    energy generation

    extractive industries

    forestry

    group homes

    guest houses

    helicopter landing sites

    heliports

    holiday accommodation

    home businesses

    intensive livestock industry for aquaculture

    land shaping

    mines

    offensive industries

    offensive storage facilities

    outbuildings

    plant nurseries

    recreation areas

    recreation facilities

    research facilities

    restaurants

    road transport terminals

    roads

    rural industries

    sawmills

    transport depots

    utility installations

    veterinary hospitals

Note—

Development indicated in bold in the above table may comprise complying development. An application may be made to the Council or an accredited certifier for a complying development certificate.

72Water quality protection area

Consent must not be granted for development on land shown on the map by blue hatching unless in the opinion of the consent authority:

  • (a)

    the development provides for:

    • (i)

      the stability of streambanks or foreshores of the water body, and

    • (ii)

      protection and enhancement of aquatic and riparian ecosystems, and

    • (iii)

      retaining drainage patterns, and

    • (iv)

      protecting water quality, and

    • (v)

      the needs of existing and potential users of water from that waterbody, and

  • (b)

    the development will not result in:

    • (i)

      destruction of native riparian vegetation in the area, or

    • (ii)

      siltation of the water body, or

    • (iii)

      an on-site sewage management facility being located on the land from which effluent or nutrients are likely to enter the water body.

73Subdivision and housing(1)

Clauses 31, 32, 33 and 35 apply to Zone 7 in the same way as these clauses apply to Zone 1 (a).

(2)

Consent may be granted to dual occupancy development on land within Zone 7 only where:

  • (a)

    each dwelling is attached or in close proximity to the other, and

  • (b)

    the area of the land is not less than 16 hectares.

(3)

Where land is partly within Zone 7 and partly within another zone, development which includes provision for an on-site sewage management facility shall be situated within that part of the land within a zone other than Zone 7.

(4)

Subclause (3) applies to, but is not limited only to, concessional lots comprising vacant land created in accordance with clause 32 (as applied by subclause (1)), dwelling houses, dual occupancies, group homes and holiday accommodation.

(5)

Clause 32 does not apply to lots 1 and 2 DP 8381, Giles Road, Springside.

73AOn-site sale of primary produce

Clause 37 applies to Zone 7 in the same way as it applies to Zones 1 (a) and 1 (c).

73BAquaculture

Consent may be granted for development for the purpose of aquaculture on land within Zone 7 only if:

  • (a)

    the development does not comprise designated development, and

  • (b)

    in the opinion of the consent authority:

    • (i)

      the development will not have an adverse impact on the water supply catchment, and

    • (ii)

      the development provides for an effective on-site waste water management facility to ensure minimal impact on the water supply catchment.

Part 12Heritage74Objectives for heritage conservation

The objectives of this Part are:

  • (a)

    to conserve the environmental heritage of the City of Orange, and

  • (b)

    to provide the opportunity for public information and participation in heritage matters, and

  • (c)

    to ensure that development is consistent with the heritage character of the City of Orange.

75Heritage items and heritage conservation areas(1)

Development consent is required, subject to subclause (2), for the following development:

  • Heritage items

    • (a)

      demolishing or moving a heritage item, or a building, work, relic or tree on the site of a heritage item,

    • (b)

      altering a heritage item by making structural or non-structural changes to its exterior, including changes to the detail, fabric, finish or appearance,

    • (c)

      erecting a building on land, or subdividing land on which a heritage item is located,

  • Relics

    • (d)

      moving a relic, or excavating land for the purpose of discovering or exposing a relic,

    • (e)

      demolishing, dismantling, moving or altering a relic,

  • In heritage conservation areas

    • (f)

      demolishing or moving a building, work, relic or place within a heritage conservation area,

    • (g)

      altering a building, work, relic or place within a heritage conservation area by making structural or non-structural changes to its exterior, including changes to the detail, fabric, finish or appearance,

    • (h)

      erecting a building on land, or subdividing land, which is within a heritage conservation area.

(2)

Development consent is not required by this clause if:

  • (a)

    the proposed development is exempt development, or

  • (b)

    the consent authority is satisfied that the proposed development is of a minor nature or consists of maintenance of a heritage item or of a building, work, relic or place within a heritage conservation area and the consent authority is satisfied that the proposed development would not adversely affect the heritage significance of the heritage item or conservation area.

76Consideration of development affecting heritage items or heritage conservation areas(1)

When determining a development application required by this Part, the consent authority shall take into account the extent to which the development would have an impact on the heritage significance of heritage items or heritage conservation areas.

(2)

The consent authority may decline to grant consent for development in respect of a heritage item designated in Schedule 8 as having “national”, “State” or “regional” significance until it has considered a conservation management plan, explaining the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.

(3)

Before granting a consent for demolition of a building required by this Part, the consent authority shall consider a plan or description of any building which is proposed to take the place of the building to be demolished.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

77Development in the vicinity of heritage items

The consent authority may grant consent to development affecting land in the vicinity of a heritage item, heritage conservation area, archaeological site or potential archaeological site only after considering an assessment of the impact that the development would have on the heritage significance, curtilage and setting of the item or heritage conservation area as well as the impact of the development on any significant views to or from the heritage item or conservation area.

78Heritage proposals being advertised development(1)

The following development for which consent is required by this Part is advertised development for the purposes of the Act:

  • (a)

    the complete or substantial demolition of a building or work that is a heritage item,

  • (b)

    the complete or substantial demolition of any significant feature of a heritage item,

  • (c)

    the demolition of a building, work, relic or place within a heritage conservation area,

  • (d)

    the carrying out of any development under clause 79.

(2)

(Repealed)

79Conservation incentives for heritage items(1)

The consent authority may grant consent to use of a building that is a heritage item for any purpose, or of the land on which a heritage item is situated, even though the use would otherwise be prohibited by this plan, if it is satisfied that the retention of the building or item depends on the granting of consent and:

  • (a)

    the condition of the heritage item is such that the use of the item for any purpose which is permissible in the zone would be impractical or undesirable, and

  • (b)

    the heritage item requires a substantial amount of capital expenditure (other than maintenance work) in order to conserve its heritage significance, and

  • (c)

    the proposed use is in accordance with a conservation management plan which is endorsed by the consent authority, and

  • (d)

    the cost of conservation work identified in the conservation management plan is such that it is not reasonable that any use allowed in the zone would be economically viable for the current or future owner, and

  • (e)

    the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

  • (f)

    the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

  • (g)

    the proposed use would not adversely affect the amenity of the area, and

  • (h)

    in all other respects the proposed use complies with the provisions of this plan.

(2)

When considering an application for consent allowed by subclause (1) to erect a building on land on which a heritage item is to be retained and conserved, the consent authority may exclude the floor space of the building from its calculation of parking spaces for the proposed development if it is satisfied that:

  • (a)

    any proposed carparking area would not adversely affect the heritage significance of the item, and

  • (b)

    any proposed car parking area would not adversely affect the amenity of the area and its streetscape qualities, and

  • (c)

    the conservation of the heritage item depends on the making of the exclusion.

80Development of archaeological sites(1)

Consent may be granted to the carrying out of development on an archaeological site which has Aboriginal cultural heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal cultural heritage significance only if:

  • (a)

    the consent authority has considered a heritage impact statement of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located on the site prepared in accordance with any guidelines notified to it by the Director-General of National Parks and Wildlife, and

  • (b)

    except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

  • (c)

    it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

  • (c)

    a minor realignment of boundaries that does not create additional lots or the opportunity for additional buildings,

  • (d)

    a consolidation of lots that does not create additional lots or the opportunity for additional buildings,

  • (e)

    rectifying an encroachment on a lot,

  • (f)

    creating a public reserve,

  • (g)

    excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

98Minimum subdivision lot size(1)

The objectives of this clause are as follows:

  • (a)

    to provide a minimum lot size for the subdivision of land,

  • (b)

    to ensure that lot sizes are able to accommodate appropriate development and are consistent with relevant development controls for the subdivision of land,

  • (c)

    to minimise any likely impact of subdivision and development on the amenity of neighbouring properties.

(2)

This clause applies to a subdivision of any land within the Bloomfield site that requires development consent and that is carried out after the commencement of this Part.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than 450 square metres.

(4)

This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

99Height of buildings(1)

The objectives of this clause are as follows:

  • (a)

    to establish a maximum height limit in which buildings can be designed,

  • (b)

    to ensure the height of buildings complements the streetscape and character of the area in which the buildings are located,

  • (c)

    to ensure the height of buildings protects the amenity of neighbouring properties in terms of visual bulk, access to sunlight, privacy and views.

(2)

The height of a building on land within the Bloomfield site is not to exceed the maximum height shown for the land on the Height of Buildings Map.

100Floor space ratio(1)

The objectives of this clause are as follows:

  • (a)

    to control building density and bulk in relation to sites in order to achieve the desired future character of the area in which buildings are located,

  • (b)

    to establish standards for the maximum development density and intensity of land use, taking into account the availability of infrastructure and the generation of vehicle and pedestrian traffic,

  • (c)

    to minimise adverse environmental effects on the use or enjoyment of adjoining properties.

(2)

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

101Retail premises in Zone B4 Mixed Use(1)

The objectives of this clause are as follows:

  • (a)

    to provide opportunities for retailing within Zone B4 Mixed Use that will not adversely affect the economic sustainability of Orange CBD,

  • (b)

    to set a maximum retail floor space for development in Area 2 shown on the Floor Space Ratio Map,

  • (c)

    to prohibit retail premises in Area 1 shown on the Floor Space Ratio Map.

(2)

Despite clauses 95 and 100:

  • (a)

    retail floor space for all development on land within Zone B4 Mixed Use and in Area 2 shown on the Floor Space Ratio Map must not exceed 1,500 square metres, and

  • (b)

    development for retail premises is prohibited on land within Zone B4 Mixed Use and in Area 1 shown on the Floor Space Ratio Map.

102Exceptions to development standards(1)

The objectives of this clause are:

  • (a)

    to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

  • (b)

    to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this Part or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

  • (a)

    that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

  • (b)

    that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Consent must not be granted for development that contravenes a development standard unless:

  • (a)

    the consent authority is satisfied that:

    • (i)

      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

    • (ii)

      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

  • (b)

    the concurrence of the Director-General has been obtained.

(5)

In deciding whether to grant concurrence, the Director-General must consider:

  • (a)

    whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

  • (b)

    the public benefit of maintaining the development standard, and

  • (c)

    any other matters required to be taken into consideration by the Director-General before granting concurrence.

(6)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(7)

This clause does not allow consent to be granted for development that would contravene a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

103Public utility infrastructure(1)

Development consent must not be granted for development on land within the Bloomfield site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.

(2)

In this clause, public utility infrastructure includes infrastructure for any of the following:

  • (a)

    the supply of water,

  • (b)

    the supply of electricity,

  • (c)

    the disposal and management of sewage.

(3)

This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

104Infrastructure development and use of existing buildings of the Crown(1)

This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2)

This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

105Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

106Suspension of covenants, agreements and instruments(1)

For the purpose of enabling development on land within the Bloomfield site to be carried out in accordance with this plan or with a development consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)

This clause does not apply:

  • (a)

    to a covenant imposed by the Council or that the Council requires to be imposed, or

  • (b)

    to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or

  • (c)

    to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

  • (d)

    to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

  • (e)

    to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

  • (f)

    to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

  • (g)

    to any planning agreement within the meaning of Division 6 of Part 4 of the Act.

(3)

This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)

Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

107Savings provision relating to pending applications

A development application that has been made but not finally determined before the commencement of this Part must be determined as if State Environmental Planning Policy (Major Development) Amendment (Transfer of Planning Controls) 2010 had not commenced.

Schedule 1Additional uses

(Clause 10)

Ref

Address

Property Description

Development

1

2–6 and 26–32 Forbes Rd, Calare

Cnr Lot 1 and Lot 2 DP 455129, Lot 2 DP 655379, Lots 110 and 111

DP 801384

Development for the purpose of a motor showroom

2

68 Nile Street, Bowen

Lot 1 DP 730599

Development for the purpose of an administration centre and meeting room for community organisation

3

Phoenix Mine Road, Lucknow

Spl cnr lot 28 DP 777373

Subdivision to create 2 lots with a minimum area of 7,100 square metres

4

119 Molong Road, Calare

Proposed lot 190 in resubdivision of lot 90 DP 817052

Development for the purpose of business premises—food catering

5

Ophir Road, Clifton Grove

Lot 1 DP 944229

Subdivision into 2 lots, each with an area of at least 2 hectares and erection of a single dwelling house on each lot created

6

Cargo Road, Calare

Lot 2 DP 539039

Erection of a dwelling house

7

Lysterfield Road, Canobolas

Lots 1 and 2 DP 456785

Erection of one dwelling house on the land comprising lots 1 and 2 as a single holding

8

Cargo Road, Calare

Lot 6 DP 229896

Subdivision to create lots with an average area of not less than 2 hectares, and erection of a single dwelling house on each lot created, subject to all of the land within the lots created draining towards Ploughmans Creek

9

Cadia Road, Springside

Lot 3 DP 571764

Erection of a dwelling house

10

8 Forbes Road, Orange

Pt Lot 3 DP 655804

Development for the purpose of a motor showroom

11

22 and 24 Forbes Road, and 27 Molong Road, Orange

Lots 8 and 9 DP 13996, Lot 1 DP 375760, Lot A DP 383920

Development for the purposes of a motor showroom and carparks

12

Shepherd Road, Spring Creek

Lot 25 DP 986204

Development for the purpose of a dwelling ancillary to an existing intensive plant nursery and orchard

13

108–110 Bathurst Road, Orange

Lot 2 DP 152541

Development for the purpose of an office

14

95 Prince Street, Orange

Lot 1 DP 105223

Development for the purpose of an office

15

Leeds Parade, Orange

Lot 121 DP 712215

Development for the purpose of bulk retail, subject to the condition that the site is provided with vehicular access from Leeds Parade

16

48 Peisley Street, Orange

Lot 1 DP 591927

Development for the purpose of a liquor store

17

168–200 Lone Pine Avenue, Orange

Lot 4 DP 270204

Development for the purpose of a discount variety store, being a building or place used for the sale by retail or auction, or the hire or display of a wide range of discounted general merchandise, subject to the following conditions:

  • (a)

    the maximum area of the store does not exceed 3,200m2,

  • (b)

    the area set aside for the sale of clothing and footwear does not exceed 95m2,

  • (c)

    the area set aside for the sale of food and groceries does not exceed 250m2,

  • (d)

    convenient and direct vehicular access to the store is provided, being access that is designed to enable the goods to be collected by customers after sale.

18

Leeds Parade, Orange

So much of Pt Lot 62 DP 790515 as is within Zone 1 (a) and shown edged heavy black and marked “University Student Accommodation” on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 6)

Development for the purposes of university student accommodation

19

179–181 Byng Street, Orange

Lot 21 DP 1045603

Development for the purposes of offices

20

9 Telopea Way, Orange

Part Lot 70 DP 851029, as shown edged heavy black on the map marked “Orange Local Environmental Plan 2000 (Amendment No 8)

Development for the purposes of a supermarket and specialty shops, subject to the following conditions:

  • (a)

    the gross floor area of the development does not exceed 4,700m2,

  • (b)

    the development includes only one supermarket,

  • (c)

    the gross floor area of the supermarket does not exceed 3,200m2,

  • (d)

    the combined gross floor area of the specialty shops does not exceed 1,500m2.

In this item:

supermarket means a self service shop selling food, groceries and other household goods such as alcohol, household cleaning products, medicine and clothes, and may include a café, delicatessen, bakery and butchery.

specialty shop means a shop with a maximum floor area of 400m2.

Schedule 2Land classified as operational land

(Clause 11)

Part 1

Address

Use when reclassified

Property description

205A Anson Street/

22 Sale Street, Orange

Anson–Sale Street Car Park including the Orange Cultural Centre building

Lot 21

DP 1001843

Lot 1

DP 529131

Lot 2

DP 216466

Lot 13 Sec 8 DP 758817

Lot 1

DP 581702

Kearneys Drive, Bletchington

Future distributor road land

Lot 52

DP 788488

Rear of 77 Kite Street, Orange being the land having a depth of 35.3 metres from the rear boundary of the land

Anson—Sale Street Car Park

Part of Lot 22 DP 788488

Rear of 79–81 Kite Street, Orange being the land having a depth of 35.5 metres from the rear boundary of the land

Anson—Sale Street Car Park

Part of Lot 50 DP 700122

85 Kite Street, Orange

Occasional Care

Pt Lots 1 and 2

Sec 8

DP 758817

163 Kite Street/159 Lords Place, Orange

Ophir Car Park

Cnr Lot 1

DP 409517

Lot 1

DP 444729

Little Summer Street, Orange

Little Summer Street Car Park

Lot 1

DP 71369

Lot 1

DP 74457

Lot 1

DP 995730

Lot 1

DP 995731

Lysterfield Road, Canobolas

Future distributor road land

Lot 1

DP 827650

Lysterfield Road, Canobolas

Future distributor road land

Lot 1

DP 408518

29–39 McNamara Street/123 Kite Streets, Orange

McNamara Street Car Park

Lots 82–84

DP 851906

Land located between Dalton and McLachlan Streets, Bowen

Vacant land

So much of lot 119

DP 711976 as is within Zone 4

McNeilly Avenue

Orange Saleyards

Lot 102

DP 856902

2 Edward Street

Saleyards land

Lot 5

DP 252673

217 Peisley Street, Orange

Byng–Peisley Street Car Park

Lot 81

DP 847857

272 Peisley Street, Orange

Covered drainage channel

Lot B

DP 154971

Phillip Street, Narrambla

Phillip Street Quarry

Lot 1

DP 738478

122A Phillip Street, Bletchington

Drainage corridor

Lot 1

DP 438668

Pinnacle Road, Canobolas

Gravel storage and quarry

Lots 62 and 65 DP 750401

28 Prince Street, Orange

Services corridor

Lot 8

DP 16593

38 Sale Street and associated land off Sale Street, Orange

Car park

Pt Lot 2

DP 12353

Pt Lot 2

DP 324519

Lot 1

DP 321602

Lot 8

DP 312845

Lot 1

DP 312995

Pt Lot 2

DP 317004

Spring Street, Spring Hill

Sewerage facilities

Lot 3

DP 809208

Spring Street, Spring Hill

Sewerage facilities

Lot 3

DP 806008

Rear of 11 Sampson Street

Vacant land

So much of Lot 7

DP 208120 as is within Zone 2 (a)

Part 2

Address

Use when reclassified

Property description

Bowyer Place, Orange

Residential

Part Lot 104 DP 818264—Orange Local Environmental Plan 2000 (Amendment No 1)

Burrendong Way, Orange

Residential

Part Lot 63 DP 706356—Orange Local Environmental Plan 2000 (Amendment No 1)

2–18 Eyles Street, Orange

Orange Function Centre

Lot 2 DP 507625, Lot 1 DP 995826, Lot 7 DP 995761, Lots 4, 8, 9, 10 and Part Lot 11 Sec 4D DP 979858—Orange Local Environmental Plan 2000 (Amendment No 1)

Ophir Road, Narrambla

Rural land

Lot 2 DP 738366, Lot 4 DP 778788—Orange Local Environmental Plan 2000 (Amendment No 1)

12582 Cargo Road

Residential

Lot 1 DP 214645

17 Leewood Drive

Industrial

Lot 16 DP 255071

52 Leewood Drive

Industrial

Part of Lot 31 DP 255071, as shown edged heavy black and lettered “Operational Land” on Sheet 4 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 3)

Land adjacent to Ploughman’s Creek

Distributor Road

Part of Lot 6 DP 786647, as shown edged heavy black and lettered “Operational Land” on Sheet 5 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 3)

Sundew Circuit

Residential

Part of Lot 26 DP 261231, as shown edged heavy black and lettered “Operational Land” on Sheet 1 of the map marked “Orange Local Environmental Plan 2000 (Amendment No 3)

Schedule 3

(Repealed)

Schedule 4Development that does not require consent

(Clauses 21 and 24)

(1)Development by public authorities

Development by or on behalf of a public authority for the purpose of any of the following but does not involve the erection of a building with a height greater than 3 metres:

  • (a)

    works for the purpose of utility undertakings for the provision of water, sewerage, drainage, electricity or gas services,

  • (b)

    railways on railway land including buildings used for a railway purpose but excluding buildings used for purposes other than railway purposes,

  • (c)

    road works by road authorities on public roads or land reserved for the purposes of public roads,

  • (d)

    air transport undertakings on airport land,

  • (e)

    forestry work by NSW State Forests on Crown land or land owned by NSW State Forests including afforestation, roads, soil conservation works, forest management practices, cutting and marketing of timber and other forestry purposes permitted under relevant Acts,

  • (f)

    improving and maintaining travelling stock, camping and water reserves by a Rural Land Protection Board but which does not include the erection of buildings,

  • (g)

    soil conservation works, afforestation, flood mitigation, water conservation or river improvement by, or on behalf of, the Department of Land and Water Conservation,

  • (h)

    cemetery undertakings by, or on behalf of the Council on cemetery land,

  • (i)

    landscaping recreation areas on public land by, or on behalf of, the Council consistently with a plan of management in accordance with the Local Government Act 1993,

  • (j)

    erecting or placing street furniture, shelters, garbage bins and the like on public roads by, for, or with the agreement of, the roads authority.

(2)Subdivision

Subdivision for the purpose of excising an allotment of land which is, or is intended to be used for public purposes, including drainage purposes, bushfire or other rescue service purposes or public conveniences.

(3)Bushfire hazard reduction

Bushfire hazard reduction carried out in accordance with a plan of operations approved by the rural fires authority for the area.

(4)Railway sidings in industrial areas

Development for the purpose of railway sidings servicing land within Zone 4.

(5)Use of Crown reserves

Use of Crown land or Crown reserves for the purpose for which the land is dedicated or reserved, but excluding the erection of buildings or creation of access to a public road.

(6)Farm dams

Development for the purpose of a farm dam:

  • (a)

    on land within Zone 1 (a), 1 (c) or 7, if the dam is required to be licensed under the Water Act 1912, or

  • (b)

    if the dam is not required to be licensed under the Water Act 1912, constructed on land in Zone 1 (a) with a maximum surface area of 5,000 square metres, or

  • (c)

    on land in Zone 7 (excluding land within the Water Quality Protection Area shown on the map) with a maximum surface area of 5,000 square metres, but only if a pipe with a minimum diameter of 150 millimetres is installed towards the base of the dam wall, which provides for the release of low flows up to the flow capacity of the pipe.

Schedule 5

(Repealed)

Schedule 6Advertised development

(Clause 23)

(1)

Development for the purpose of the following, but only if carried out on land within Zone 2 (a) or 2 (v):

  • (a)

    animal establishments,

  • (b)

    caravan parks,

  • (c)

    child care centres,

  • (d)

    dual occupancies which are not complying development,

  • (e)

    educational establishments,

  • (f)

    exhibition homes,

  • (g)

    group homes other than complying development,

  • (h)

    guest houses,

  • (i)

    health consulting rooms other than complying development,

  • (j)

    home businesses other than home occupations which are exempt development,

  • (k)

    hotels,

  • (l)

    housing for aged or disabled people,

  • (m)

    motels,

  • (n)

    places of public worship,

  • (o)

    plant nurseries,

  • (p)

    recreation facilities,

  • (q)

    residential units,

  • (r)

    restaurants,

  • (s)

    shops other than shops located in neighbourhood centres,

  • (t)

    veterinary clinics,

  • (u)

    altering, or adding to, an existing use or changing an existing use to another use which would otherwise be prohibited in the Zone.

(2)

Development for the purpose of brothels.

Schedule 7Shops and business premises in residential areas

(Clause 43)

(1)

Shops predominantly used as:

  • milk bars

  • sandwich shops

  • pharmacies

  • delicatessens

  • convenience stores, “minimarts” and the like

  • butchers

  • newsagencies

(2)

Shops selling:

  • antiques

  • art and craft

  • bread, cakes, pies and pastries and the like

  • fruit and vegetables

  • pet food

  • take away food

(3)

Business premises in neighbourhood centres of the following kinds:

  • laundromats/dry cleaners

  • hairdressers, beauticians

(4)

Business premises used as a land/home sales office on land or adjacent to land and/or dwellings being offered for sale.

(5)

Post offices.

Schedule 8Heritage items

(Clause 87)

Column 1

Column 2

Column 3

Column 4

Column 5

Property Title or Description

Address/Location

Item (including the site unless otherwise specified)

Heritage Study Reference

Significance

“Duntryleague”

Woodward Street

Mansion, gateway, gatekeeper’s lodge, entry avenue and stables, excluding golf course layout

M1

National

“Ammerdown”

Molong Road

Homestead

M11

National

Orange Court House

Lords Place

Court Building

C3

National

“St Josephs”

Byng Street

Church

C269

National

“Holy Trinity”

Byng Street

Church, Rectory Bluestone Hall

C274

C29

C30

National

State

Local

“Mena”

50 Kite Street

Mansion

C372

National

Orange Public School

Kite Street

School Buildings

C381

National

Lands Office

Kite Street

Kite Street

State Government offices

C384

National

“Wolaroi”

Bathurst Road

Former mansion (main school building)

M2

State

“Llanello” also known as “Croagh Patrick”

Park Street

Former mansion

M3

State

“Clifton Grove”

Clifton Grove

Coolabah Drive

Homestead

M4

State

“Rosedale”

Ophir Road

Homestead

M5

State

“Wellwood”

Mitchell Highway

Homestead

M6

State

“Summer Hill”

Mitchell Highway

House and group of Farm buildings

M7

State

“Endsleigh House”

38 Endsleigh Avenue

House

M8

State

“Colwood”

12 McKay Crescent

Homestead

M9

State

“Glenfield”

Forest Road

Country Inn

M10

State

“Maroombah”

24 Courallie Drive

Mansion

M14

State

“Glengarra”

Mt Pleasant Lane

Homestead

M15

State

“Roseteague”

Canobolas Road

Homestead and curtilage

M27

State

Bloomfield Hospital

Forest Road

“Nymagee Lodge” Landscape features: Entry gateway, Elm Avenue and grounds

M28

State

L4

Local

Orange Railway Station

Peisley Street

Railway station and pedestrian bridge

M40

State

Wesley Uniting Church

223 Anson Street

Church

C26

State

Orange Town Hall

247–249 Anson Street

Offices—former Town Hall

C28

State

“Newstead”

47–49 Hill Street

Club—former mansion

C84

State

“Knocklong”

73 Hill Street

House

C86

State

HACBS

87 Hill Street

Former Building Society

C91

State

Cook Park

Summer Street

Park

Fernery

Blowes

Conservatory

L1

C119

C340

State

State

State

“Parkview”

44 Clinton Street

House

C139

State

“Trebanog”

79–81 March Street

House—former Inn

C213

State

Welcome Inn

85 March Street

Restaurant— former Inn

C214

State

65 Byng Street

House

C267

State

Gladstone Hotel

69 Byng Street

Hotel

C268

State

Metropolitan Hotel

Corner Byng and Anson Streets

Hotel—former store

C275

State

“Galbally”

60 Byng Street

Mansion

C293

State

62 Byng Street

Mansion

C294

State

“Brownholm”

82 Byng Street

House

C303

State

“Union Bank”

84 Byng Street

Restaurant/offices former Bank

C304

State

“Craigielee”

23 Summer Street

House

C315

State

“Berrilee”

29 Summer Street

Mansion

C317

State

58 Summer Street

House

C342

State

Orange Post Office

222 Summer Street

Post Office

C345

State

Palmer’s Building

226 Summer Street

Former AJS Bank

C346

State

56 Kite Street

House

C374

State

80 Kite Street

Former Headmaster’s residence

C382

State

86 Kite Street

Child care centre—former mansion

C383

State

“Warrenbah”

171 Edward Street

House

SE32

State

160 Kite Street

Offices—former house

SE51

State

“Bowen Terrace”

3–25 Bathurst Road

Terrace houses

E1

State

“Reform Mine”

Mitchell Highway, Lucknow

Mine building group and relics

M69 (a)

State

“Narrambla”

Ophir Road

Templar’s Mill ruins and Banjo Patterson memorial

L7

State

Orange Cemetery

Lone Pine Avenue

“Old Portion”

L9

State

Chinamen’s Bend Cemetery

Mitchell Highway

Cemetery

L10

State

Robertson Park

Summer Street

Park

L2

Regional

Newman Park

March Street

Park

L3

Regional

Campbells Corner

Pinnacle Road

Park

L5

Regional

Towac Pinnacle

Pinnacle Road

Park

L6

Regional

CSR Readymix site

Laurel Street, off Racecourse Road

Bluestone quarry

L14

Regional

“Melyra”

Ploughmans Lane

House

M12

Local

“Suma Park”

Ophir Road

Homestead

M13

Local

“Clearview”

Steeles Lane

House

M16

Local

“Adavale” Gosling Road

House

M17

Local

Towac Park Racecourse

Towac Road

Timber grandstand, Pavilion, entry avenue

M18

Local

Orange Showground

Leeds Parade

Dalton’s Pavilion Agricultural Pavilion

M20

M21

Local

Local

“Rose”, “Shamrock” and “Thistle”

Mitchell Highway, Shadforth

Group of 3 miners’ cottages

M23

Local

“Rose Cottage”

Canobolas Road

House—former post office

M25

Local

Canobolas Public School

Canobolas Road

School

M26

Local

“Bloomfield House”

Catto Close

House Remains of Moulder’s orchard

M29

L8

Local

Local

81 Woodward Street

House

M31

Local

91 Woodward Street

House

M30

Local

94 Woodward Street

House

M32

Local

“Gobabla”

100 Franklin Road

House

M34

Local

“Garyowen”

102 Franklin Road

House

M35

Local

104 Franklin Road

House

M36

Local

106 Franklin Road

House

M37

Local

“Hiluneva”

154 Moulder Street

House

M38

Local

Wade Park

Moulder Street

2 Cottages only

M39

Local

158 Peisley Street

Stationmaster’s house

M41

Local

84–88 Peisley Street

Stores

M42

Local

325 Peisley Street

House

M44

Local

“Highgate”

329 Lords Place

House

M46

Local

“Middlesex”

335 Lords Place

House

M47

Local

“Glenelg”

345 Lords Place

House

M48

Local

349 Lords Place

House

M49

Local

“Carinya”

365 Lords Place

House

M50

Local

“Eudora”

67 Prince Street

House

M51

Local

97 Prince Street

House

M52

Local

127–129 Prince Street

House

M53

Local

65 Dalton Street

House

M54

Local

306 Anson Street

House

M55

Local

35 William Street

House

M57

Local

38 Autumn Street

House

M58

Local

“Rowena”

81 Autumn Street

House

M59

Local

“Buena Vista”

211 March Street

Community facility—former residence

M60

Local

East Orange Public School

March Street

School

M61

Local

34 Nile Street

House

M62

Local

5 Spring Street

House

M67

Local

21 Spring Street

House

M64

Local

23 Spring Street

House

M65

Local

“Caeleon”

25 Spring Street

House

M66

Local

“Strathroy”

26 Spring Street

House

M63

Local

Orange City Band Hall

William Street

Hall

M68

Local

“Merungie”

Mitchell Highway, Lucknow

Raine family grave plot

L11

Local

“Wentworth Mine” also known as “Great Western”

Mitchell Highway, Lucknow

Mine building group and relics

M69

Local

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0