Port Stephens Local Environmental Plan 2000 (Amendment No 26) (2007-198) Published in Gazette No 63 of 4 May 2007, page 2611 (NSW)

2007 No 198

New South Wales

Port Stephens Local Environmental

Plan 2000 (Amendment No 26)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (NEW0005064/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 63 of 4 May 2007, page 2611	Page 1
2007 No 198

Clause 1 Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Port Stephens Local Environmental Plan 2000

(Amendment No 26)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Port Stephens Local Environmental Plan 2000 (Amendment

No 26).

2      Aim of plan

The aim of this plan is to set out the criteria that will be used to determine whether certain development may be carried out as exempt or complying development.

3      Land to which plan applies

This plan applies to all the land to which Port Stephens Local

Environmental Plan 2000 applies.

4 Amendment of Port Stephens Local Environmental Plan 2000

Port Stephens Local Environmental Plan 2000 is amended as set out in

Schedule 1.

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Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clauses 49 and 49A

Omit clause 49. Insert instead:

49 Exempt development

(1)

The objective of this clause is to identify development of minimal

environmental impact as exempt development.

(2)

Development specified in Schedule 3 that meets the standards for the development contained in that Schedule and any other requirements contained in that Schedule and that complies with the requirements of this clause is exempt development.

(3)

To be exempt development:

(a) the development must:

(i)      meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(ii)      be more than 1 metre from any easement or public sewer main, and

(iii)      if it relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9, have a current fire safety certificate or fire safety statement or be a building for which no fire safety measures are currently implemented, required or proposed, and

(b)

the development must not:

(i)	if it relates to an existing building, cause the building to contravene the Building Code of Australia, or
(ii)	require a tree to be removed, or

(iii)	create interference with the neighbourhood because it is noisy, causes vibrations, creates smells, fumes, smoke, vapour, steam, soot, ash, dust, waste water, grit or oil, or
(iv)	be designated development, or
(v)	be development on land that comprises, or on which there is, an item of environmental heritage that is listed on the State Heritage Register under the Heritage Act 1977 or in Schedule 2 to this Plan or

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Schedule 1 Amendments

that is subject to an interim heritage order under the

Heritage Act 1977, or

(vi)      be on or in an environmentally sensitive area of State significance.

49A

Complying development

(1) The objective of this clause is to identify development as complying development. (2) Development specified in Schedule 4 that is carried out in compliance with the standards listed in that Schedule in respect of the development and any other requirements contained in that Schedule and that complies with the requirements of this clause is complying development. (3) To be complying development, the development must:

(a)	meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(b)	be more than 1 metre from any easement or public sewer main, and
(c)	have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)

To be complying development, the development must not be

carried out on or in:

(a) a site that has at any time previously been used:

(i)      as a service station, or

(ii)      as a sheep or cattle dip, or

(iii)      for intensive agriculture, or

(iv)      for mining (but not underground mining) or an extractive industry, or

(v)      for waste storage or waste treatment, or

(vi)      for the manufacture of chemicals, asbestos, or asbestos products, or

(b)	an environmentally sensitive area of State significance, or
(c)	land to which clause 51A (Development on land identified on Acid Sulfate Soils Planning Maps) applies, or
(d)	land to which clause 38 (Development on flood prone land) applies, or

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(e) land located within the 20 Australian Noise Exposure Forecast contour as identified on the 2012 Australian Noise Exposure Forecast for Salt Ash Air Weapons Range and for RAAF Base Williamtown.

[2]      Schedules 3 and 4

Insert after Schedule 2:

Schedule 3 Exempt development

(Clause 49)

Development consisting of, or

Exempt development standards and

for the purpose of the

requirements

following:

Private development

Access ramps

•

Maximum height 1m above finished ground level.

•

Maximum grade 1:14.

•

Complies with AS 1428.1—2001,

Design for access and mobility, Part 1:

General requirements for access—

New building work.

•

Located wholly within the property boundary.

Advertising signs

(a)	Business identification sign	•	Maximum of 1 business identification sign indicating the approved use of the land.
•	Maximum 1.2m length and 0.6m height.
•	Must be fixed to the wall of the building, the front fence of the property, or on a pole with a
maximum height of 1.5m above the ground.
•	Located within the property boundary.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:

(b)	Directory boards for	•	Maximum 1.5m length and 1.5m
industrial units	height.
•	Must be fixed to the wall of the building, the front fence of the property, or on a pole with the top of
the sign to be no more than 2.5m above the ground.
(c)	Fascia sign on land within	•	Must be attached to the fascia or
Zone No 3 (a) (Business	return end of an awning.
General “A” Zone)	•	Must not project above or below the fascia.
•	Must not extend more than 300mm from the fascia.
•	Must not be internally illuminated.
(d)	Flush wall sign on land	•	Must be attached flush to the wall and
within Zone No 3 (a)	must not protrude more than 200mm
(Business General “A” Zone)	from the wall.
and Zone No 4 (a) (Industrial	•	Maximum 2.5m2 in area.
General “A” Zone)
•	Must be securely fixed to the wall.
•	Must not cover mechanical ventilation vents.
(e)	Signage for sporting field	•	Maximum 5m length and 0.9m height.
fences and scoreboards	•	Must face the sporting fields.
•	Must be attached to existing fencing or scoreboards.
•	If on a reserve, must be in accordance with any plan of management adopted by Council for the reserve.
(f)	Top hamper sign on land	•	Must be attached to the transom of a
within Zone No 3 (a)	doorway or window of a building.
(Business General “A” Zone)	•	Maximum 2.5m2 in area.
•	Must not extend more than 200mm beyond any building alignment.
•	Must not extend beyond the doorway or window to which it is attached.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:

(g)	Underawning sign on land	•	Must be attached to the underside of
within Zone No 3 (a)	an awning and erected horizontal to
(Business General “A” Zone)	the ground.
•	Must not be less than 2.6m from the ground at any point.
•	Maximum 1.5m2 in area.
•	Must not project beyond the awning.
•	Must be securely fixed with metal supports.
•	Must not affect sight distances or reduce traffic visibility.

Aerials, antennae, microwave	•	Maximum height 3.6m if mounted on
antennae (not including satellite	the roof or 6m above ground level if
dishes)	not attached to the dwelling.
•	Maximum diameter of 900mm.
•	Located wholly within the property boundary and behind the building line.
•	Only 1 per building.
•	For domestic use only.

Heritage conservation area and heritage

item requirements

• The method of fixing to the building must be sympathetic to the heritage fabric of the building.

• Located to the side or rear of the building.

Air conditioning units • Must not create offensive noise (ie noise that by reason of its level, nature, character or quality, or at the time at which it is made, is actually or likely to be harmful to a person who is outside the premises from which it is emitted). Where air conditioner noise is audible within another residence, it is potentially offensive noise.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• located within 900mm of a common boundary, a certificate must be provided by a practising acoustic engineer to the effect that, having assessed the design and installation of the air conditioning unit, it is not, while in operation, likely to create offensive noise as defined under the

Where the air conditioning unit is Operations Act 1997.

•	Associated building work must not reduce the structural integrity of the building.
•

Any opening created for an air weatherproofed.

• Airflow from an air conditioning unit must be directed so as not to affect adjoining properties.

Heritage conservation area and heritage

item requirements

• Located to the side or rear of the building.

Automatic Teller Machines (ATM)	•	Must be attached to the wall of a
other than ATMs within buildings	building.
that are heritage items or within	•	Must be wholly enclosed in an arcade
buildings located within a Heritage	or shopping centre or if facing a
Conservation Area	public footpath or street, setback 1m from the road reserve unless it is turned perpendicular to the street.
•	Allowance must be made for queuing so as not to hinder the free movement of pedestrians.
•	Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access— New building work.
•	Must be appropriately lit with satisfactory surveillance.
•	Must include a bin with adequate capacity to discourage littering.

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Development consisting of, or

Exempt development standards and

for the purpose of the

requirements

following:

Awnings, canopies, storm blinds on

• Maximum area 10m2.

dwelling

• Must not encroach more than 1m on the building line.

• Minimum 675mm from side and rear boundaries.

• Stormwater must not be directed onto adjoining properties.

• Located wholly within the property boundaries.

• Materials used must generally be non-reflective.

Bush fire prone land requirements

• Materials used must have a Flammability Index no greater than 5.

Heritage conservation area and heritage

item requirements

• Located to the side or rear of the building.

Barbeques

•

Maximum area 10m2 and maximum height 2.4m.

•

Minimum 900mm from side and rear boundaries.

•

Minimum separation 1.8m from

adjoining dwellings.

•

Located behind the building line.

•

Not within 6m of an LPG tank, other than the energy source for the barbeque.

Heritage conservation area and heritage

item requirements

• Located to the rear of the building.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Bird aviaries (not for the keeping of	• Maximum area 20m2 and maximum

poultry) height 2.4m.

• Minimum of 10m from adjoining dwellings.

• Located behind the rear alignment of the building.

• Minimum 900mm from side and rear boundaries.

• Floor must be impervious.

• Stormwater must not be directed onto adjoining properties.

• Maximum of 1 per site.

Heritage conservation area and heritage

item requirements

• Architectural style must be in keeping with the existing building.

• Located to the rear of the building.

Cabanas and gazebos	•	Maximum floor area 20m2 and maximum height 2.7m.
•	Free standing and prefabricated using non-reflective materials.
•	Maximum of 1 per site.
•	Installed to manufacturer’s specifications.
•	Located behind building line setback.
•	Must not cause nuisance to adjoining properties as a result of stormwater run-off or visual intrusion.
•	Minimum 900mm from side and rear boundaries in residential areas and 5m in rural areas.

Bush fire prone land requirements

• dwelling or complies with AS 3959—

Located more than 10m from the bushfire-prone areas.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Change of use of a building from:	• The building is lawfully used, or has been lawfully constructed to be used,

(a)	1 type of industry to another
type of industry for industry or light industry.

• Total floor space is less than 2,000m2.

(b)	1 type of warehouse to
another type of warehouse • The use is not actually or potentially a hazardous or offensive industry.
(c)	1 type of industry to a
warehouse. • The use does not require a trade waste agreement.

• Building must have a current fire safety certificate.

• Must not involve a change in building classification under the Building Code of Australia.

Change of use of a building from: • The building is lawfully used, or has been lawfully constructed to be used,

(a)	1 type of shop to another type	for the purposes of a shop or
of shop	commercial premises.

(b)	1 type of commercial	•	The use is consistent with the
premises to another type of	classification of the building under the
commercial premises	Building Code of Australia and
(c)	1 type of shop to commercial	replaces a former use being carried
premises.	out in accordance with development

Note. Restricted premises are	consent.
separately defined and do not come

• The building does not involve the

under the definition of a shop or

commercial premises.

preparation of food for sale or

consumption, or involve use as a

hairdresser or beauty salon.

• The different use complies with the conditions of any relevant existing development consent.

• The different use does not result in an increase in the gross floor area of the building.

• Building must have a current fire safety certificate.

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Development consisting of, or

Exempt development standards and

for the purpose of the

requirements

following:

Charity, clothing and recycling bins

• Only permissible in residential and commercial zones.

• Maximum of 3 bins at any 1 location.

• Area must be kept clean and tidy at all times.

• Owners’ consent is required prior to placement of the bins.

Clothes hoists or lines

•

Installed to manufacturer’s

specifications.

•

Located behind the building line setback.

•

Suitably screened from public view.

Cubby houses and play equipment

•

Maximum height 2.4m.

•

Maximum ground coverage 10m2.

•

Minimum setback 900mm from side and rear boundaries.

•

Installed to manufacturer’s

specifications.

•

Timber construction complies with AS 1684, National Timber Framing Code.

•

Located behind the building line setback.

Heritage conservation area and heritage

item requirements

• Located to the rear of the building.

Dams on land within Zone No 1 (a)

• Must have an outside wall height to

(Rural Agriculture “A” Zone) the crest of 1m or less.

Note. Approval may be required from the	•	Minimum 10m from the property
Department of Natural Resources.	boundaries.
•	Capacity must not exceed 1 megalitre.
•	Maximum of 1 dam per property.
•	No trees are to be removed or damaged as a result of the dam construction.
•	Spillways must not direct water onto adjoining properties.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Decks and patios	• Maximum area 25m2. • Maximum 1m above existing ground level. • Must have sufficient step down to prevent the entry of water into the dwelling. • Maximum of 1 per property. • Minimum 900mm from side and rear boundaries. • A privacy screen must be provided if the deck or patio overlooks the open space of an adjoining dwelling. • Located behind the building line. • Must be of timber construction or concrete slab on brick supports. • Timber construction must comply with AS 1684, National Timber Framing Code. • accordance with AS 3660, Protection of buildings from subterranean termites, Supp 1—1993: Prevention, Detection and treatment of

Termite barriers must be installed in application.

Bush fire prone land requirements

•

Complies with AS 3959—1999,

Construction of buildings in

bushfire-prone areas.

Heritage conservation area and heritage

item requirements

• Located behind the rear of the building.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Demolition other than demolition of:	• Complies with AS 2601—1991, Demolition of structures.

(a)	a building that is a heritage
item, or • Does not involve the “implosion” method of demolition.
(b)	a building adjoining a
heritage item, or • Residents in adjoining dwellings must be given a minimum 7 days notice of
(c)	a building within a heritage
conservation area, or any work involving asbestos cement.

• Any work involving asbestos cement

(d)	a building within Zone No 3	must comply with WorkCover
(a) (Business General “A”	Authority’s Guidelines for Practices
Zone).	Involving Asbestos in Buildings.

•

Any work involving lead paint contamination of the air or ground.

Fences (other than fences required	•	All fences must be constructed so that
by the Swimming Pools Act 1992)	they do not prevent the natural flow of stormwater drainage or run-off.
•	Fences fronting a road must have a maximum height of 1m if of solid appearance and 1.5m if the overall fence design is at least 50%
transparent.
•	Side and rear fences must not exceed a height of 1.8m.
•	Side fences must not encroach on the front setback area of the dwelling.

Bush fire prone land requirements

• Must not be constructed of softwood, treated pine or brushwood.

• If the fence does not connect to a dwelling and has at least 1m separation from a dwelling—must be constructed from hardwood or non combustible material.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Flagpoles	• Maximum height 6m above existing ground level. • Freestanding, not relying on other structures for support. • Installed to manufacturer’s specifications. • Structural engineer’s certificate required. • Maximum of 1 flagpole per lot in residential zones and 3 flagpoles in industrial and commercial zones. • Must not project over a public road or adjoining property. •

Clearance from power lines in the relevant electricity authority.

Fowl houses (for the keeping of	•	Maximum area 50m2 and maximum
poultry) on land within Zone No	height 3m.
1 (a) (Rural Agriculture “A” Zone)	•	Minimum setback of 5m from side and rear boundaries.
•	Maximum of 1 per site.
•	Located behind the building line setback.
•
Constructed from non-reflective environment.
•	Stormwater must be directed to the street gutter, stormwater main or an absorption pit.
•	Not located over house surcharge or overflow gully.
•	Disposal of manure and wastewater by a method that does not harm or pollute the local or downstream environment.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• Design and location of structure must mitigate the effects of any offensive smell within the locality. • Complies with Schedule 2, Part 5, Division 2 (other than clause 20 (5)) of the Local Government (General) Regulation 2005 (Keeping of poultry).
Fuel tanks (used for agricultural	• On sites with an area of a least 2

activities or home employment) on hectares.

land within Zone No 1 (a) (Rural	•	Maximum capacity 5,000 litres.
Agriculture “A” Zone)
•	Bunded with capacity to contain at least 110% of the capacity of the fuel tank.
•	Constructed of prefabricated material.
•	Operated and maintained in accordance with AS 1940—2004, The storage and handling of flammable and combustible liquids.
•	Minimum 20m from the street boundary and 4m from the side and rear boundaries.
•
Wholly within the property registered easements.
•	Minimum of 100m from a creek, river or watercourse.
Garden shed	•	Free standing and prefabricated.
•	Maximum of 1 per site.
•	Maximum floor area 10m2 and maximum height 2.4m.
•
Constructed from non-reflective environment.
•	Located behind the rear alignment of the building.
•	Minimum 900mm from side and rear boundaries.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Bush fire prone land requirements
• Zone—must be located more than 10m from the dwelling or constructed to meet the requirements of AS

If within a nominated Asset Protection buildings in bushfire-prone areas.

Gardening, landscaping and paving	•	Must not adversely impact on adjoining properties.
•	Paving or hard surface area covers not more than 25m2.
•	Must not involve excavation or fill deeper than 600mm.
Home-based child care or family day	•	The use of the premises for the
care home	supervision of a maximum of 7 children in accordance with the definition of home-based child care.

Bush fire prone land requirements

• On bush fire prone land, is not exempt development.

Home occupation

Note. See the definition of home occupation in the

Dictionary.

Horse shelters (keeping up to 4

• Maximum of 1 per property.

horses) and animal shelters on land

• Maximum area 50m2 and maximum

within Zone No 1 (a) (Rural

Agriculture “A” Zone) height 3m.

• Minimum of 5m from side and rear boundaries.

• or prefabricated metal (including

Constructed of timber (cut or round) timber-framed construction.

•

Constructed from non-reflective environment.

• Must be more than 6m from any effluent wastewater disposal.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• Stormwater must be discharged to a point well clear of any buildings or effluent wastewater disposal areas. • Design and location of structure must mitigate the effects of any offensive smell within the locality. • Disposal of manure and wastewater in a manner that does not harm or pollute the local or downstream environment. • Division 3 (other than clause 21 (4)) of the Local Government (General)

Complies with Schedule 2, Part 5, and cattle).

Internal fit out to existing shop or	•	Non-structural work only (must not
commercial premises (excluding	include load bearing walls and walls
food shops, hairdressers and beauty	incorporating structural bracing units).
salons)	•	Must not reduce light or ventilation.
•	Must not reduce the number or size of exits.
•	Must not involve the enclosure of open areas.
•	Complies with the Building Code of Australia.
Internal alterations to existing single	•	Non-structural work only (must not
dwellings	include load bearing walls and walls incorporating structural bracing units).
•	Renovations of bathrooms and kitchens including built-in fixtures such as vanities, cupboards and wardrobes.
•	Replacement doors, wall, ceiling or floor linings and deteriorated frame members, must be constructed with equivalent or better quality materials.
•	Must not reduce light or ventilation.
•	Must not reduce the number or size of exits.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• Must not involve the enclosure of open areas. • Residents in adjoining dwellings must be given a minimum 7 days notice of any work involving asbestos cement. • must comply with WorkCover Authority’s Guidelines for Practices

Any work involving asbestos cement Buildings.

•

Any work involving lead paint contamination of the air or ground.

Letterbox	•	Maximum height 1.5m above existing ground level.
•	Appropriate numbering of each letterbox in accordance with postal requirements.
•	Structurally stable with adequate footings.
•	Located at the street frontage.
•	Located wholly within property boundaries.
Pergolas and verandahs	•	Maximum area 25m2 and maximum height 3m.
•	No enclosed walls.
•	A privacy screen must be provided if the pergola or verandah overlooks the open space of an adjoining dwelling.
•	Maximum of 1m above existing ground level.
•	Maximum of 1 per dwelling.
•	Sufficient step down must be provided to prevent the entry of water into the dwelling.
•
Complies with the relevant Australian Australia.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• Located wholly within the property boundaries and behind the building line setback. • Minimum 900mm from side and rear boundaries.
Bush fire prone land requirements
• dwelling or constructed to meet the requirements of AS 3959—1999,

Located more than 10m from the bushfire-prone areas.

Heritage conservation area and heritage

item requirements

• Located behind the rear of the building.

Recladding, painting, plastering,	•	Replaces existing materials with
cement rendering or repair,	similar materials that are compatible
restoration or maintenance of	with the existing building and finish.
damaged materials	•
Must not involve structural alterations configuration of a building.
•	Residents in adjoining dwellings must be given a minimum 7 days notice of any work involving asbestos cement.
•	must comply with WorkCover Authority’s Guidelines for Practices
Any work involving asbestos cement Buildings.
•
Any work involving lead paint contamination of the air or ground.

Heritage conservation area and heritage

item requirements

•

For maintenance, restoration and

repairs only.

•

Materials used must match the existing fabric in all respects.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Retaining walls	• Maximum height at the site boundary is 600mm where development is 1,300mm or less from the boundary. This may extend to 900mm where the setback proposed is at a greater distance. • Maximum height 1m. • Minimum distance between retaining walls is 2m. • Slopes between retaining walls or terracing must be landscaped and must not be greater than 4 horizontal

to 1 vertical.

• Constructed so as not to prevent the natural flow of stormwater drainage or run-off.

• Masonry walls must comply with AS 3700, Masonry structures, AS 3600, Concrete structures, AS 1170,

Loading Code.

• Timber walls must comply with AS 1720, Timber structures, AS 1170, Loading Code, AS 3660, Termite

management.

• Must not affect existing fencing.

• Must be located wholly within the property boundaries.

Heritage conservation area and heritage

item requirements

• Located behind the rear alignment of the building.

Rural earthworks	•	Minor levelling of land to a maximum
Note. Approval may be required from the	depth of 300mm.
Department of Natural Resources.	•	Minimum 10m from the property boundaries.
•
Excavation must be associated with (dwelling, shed, retaining wall, etc).

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Rural shed (garage, hay shed,	• Permissible only on sites with an area

machinery shed) on land within	of at least 4,000m2.
Zone No 1 (a) (Rural Agriculture

• Maximum area of 75m2.

“A” Zone)

•	Single storey.
•	Maximum height of 4.2m to the roof and 3.6m to the eaves.
•	Minimum 10m from side and rear boundaries.
•	Located behind the building line and dwelling.
•	Minimum 5m from any effluent disposal area.
•	Maximum of 2 sheds for any 1 property.
•

Constructed from non-reflective environment.

•

Erected in accordance with

manufacturer’s specifications.

•

Stormwater must discharge to a rainwater tank or a point well clear of any buildings or effluent wastewater disposal area.

Satellite dishes	•	Installed to manufacturer’s specifications.
•	Maximum height 1.8m and maximum diameter 900mm.
•	Maximum of 1 per property.
•	Minimum 900mm from side and rear boundaries.
•	Located below the ridgeline of the roof.

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Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Shade structures—open weave	• Maximum height 3m and maximum

fabric or mesh shade structures area 40m2.

•

Located behind the dwelling or building.

•

Minimum setback 900mm from side and rear boundaries.

•

Structural engineer’s certificate

required for the structure and footings.

Bush fire prone land requirements

•

If within 10m of the dwelling— Flammability Index no greater than 5.

Silo on land within Zone No 1 (a)	•	Maximum capacity of 60 tonnes.
(Rural Agriculture “A” Zone)	•	Constructed of prefabricated metal.
•	Freestanding, not relying on other structures for support.
•	Erected in accordance with manufacturer’s specifications.
•	Erected at least 20m from property boundaries.
•	Not to encroach on any registered easement.
•
Clearance from power lines in electricity authority.
•	Minimum of 40m from a creek, river or watercourse.
Skylights (non-opening)	•	Maximum area 1m2.
•	No more than 1 per 25m2 of roof area.
•	Associated building work must not involve structural alterations.
•	Any opening created must be adequately waterproofed.
•	Installed to manufacturer’s instructions and Building Code of Australia requirements.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Bush fire prone land requirements
•

Constructed to meet the requirements buildings in bushfire-prone areas.

Solar water heaters/panels	•	Installed to manufacturer’s specifications.
•	Installed by a licensed tradesperson.
•	Associated building work must not reduce the structural integrity of the building or involve structural
alterations.
•	Any opening created must be adequately waterproofed.
•	Installations are flush with a roof alignment.
Stockyards associated with	•	Maximum yard area of 1/2 hectare.
agricultural activities on land within	•	Maximum height 2.4m.
Zone No 1 (a) (Rural Agriculture
“A” Zone)	•	Minimum setback of 10m from all property boundaries.
•	Minimum setback of 40m from any dwelling.
•	All run-off must be collected and treated to prevent pollution of any watercourse.
Water heaters (replacement or new	•	Must not create offensive noise (ie
installations)	noise that by reason of its level, nature, character or quality, or at the time at which it is made, is actually or likely to be harmful to a person who is outside the premises from which it is emitted).
•	The installation must not involve structural alterations.
•	Installed by a licensed tradesperson.
•	Located directly on the ground or in the ground, behind the building line.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Water tanks (at or above ground	• Maximum capacity of 10,000 litres in

level)

residential zones and 60,000 litres in

rural zones.

• Minimum setback 900mm to side and rear boundaries.

• Maximum height 2.4m.

• Located behind the building line and the dwelling.

• with the Protection of the

Noise from the pumps must comply 1997.

•

Installed to manufacturer’s

specifications.

•

existing stormwater disposal system,

Overflow must be directed to an easement.

Windmills (for pumping water—not	•	Located wholly within property
commercial power generation) on	boundaries.
land within Zone No 1 (a) (Rural	•	Freestanding, not relying on other
Agriculture “A” Zone)	structures for support.
•	Structural engineer’s certificate required for the structure and footings.
•	Maximum height 15m.
Windows, glazed areas and external	•	Replacement in residential premises
doors	with windows that comply with AS 1288—2006, Glass in buildings— Selection and installation and AS/NZS 2208:1996, Safety glazing materials in buildings (Human Impact Considerations).
•	No reduction in light or ventilation.
•	No increase in size.
•	Building Code of Australia and the
Alterations must comply with the must not be affected.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• must comply with WorkCover Authority’s Guidelines for Practices

Any work involving asbestos cement Buildings.

•

Any work involving lead paint contamination of the air or ground.

Bush fire prone land requirements

•

Constructed to meet the requirements buildings in bushfire-prone areas.

Heritage conservation area and heritage

item requirements

• Involves repairs or maintenance only.

• The new glazing and frame must match the existing fabric in all respects.

Council development

Amenities buildings on public land	•	Maximum area 50m2 and maximum height 6m.
•	management adopted by Council
Consistent with any plan of 1993.
•	Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access— New building work.
•	Structural engineer’s certificate required.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Development consisting of, or

Exempt development standards and

for the purpose of the

requirements

following:

Bus shelters

•	Suitably designed and constructed by or for Council.
•	Must reflect the character and amenity of the area.
•	Structurally adequate construction.
•	Not obstruct the line of sight of vehicular traffic.
•

Located to enable safe and convenient people with disabilities.

• Provide all weather comfort for patrons.

• Maximum area 10m2 and maximum height 2.7m.

• Non-reflective surface finishes.

Goal posts, playground equipment,	•	Constructed by or for Council.
sightscreens, scoreboards and similar	•	Installed in accordance with the
structures on public land	relevant standards and Building Code of Australia.
•	Located on land under the control of Council.
•	Structural engineer’s certificate required.
Landscaping, bridges, footpaths and	•	Bridges to a maximum span of 5m.
staircases on public land	•	Constructed by or for Council.
•	Designed, fabricated and installed in accordance with the Building Code of Australia and AS 4100, Steel
structures, AS 1720, Timber structures and AS 3600, Concrete structures.
•	Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access— New building work.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Minor structure/building work	• Consistent with any plan of

associated with drainage and water	management adopted by Council
supply on public land and road	under the Local Government Act
reserves	1993.

•

Constructed by or for Council.

•

Designed, fabricated and installed so as to be structurally adequate and safe to the public in accordance with the

relevant Australian Standards and

Building Code of Australia.

Park and street furniture, shade	•	Consistent with any plan of
structures, awnings, fencing,	management adopted by Council
monuments, plaques, flagpoles,	under the Local Government Act
maintenance sheds and the like, on	1993.
land under the control of Council.	•	Constructed by or for Council.
•	Designed, fabricated and installed so as to be structurally adequate and safe for the public in accordance with the relevant Australian Standards and
Building Code of Australia.
•	Complies with AS 1428.2—1992, Design for access and mobility, Part 2: Enhanced and additional requirements—Buildings and facilities.
Rotunda/gazebo on public land	•	Maximum area 40m2 and maximum height 6.5m.
•	management adopted by Council
Consistent with any plan of 1993.
•	Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access— New building work.
•	Structural engineer’s certificate required.
•	Located on land under the control of Council.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
Security fences	• Chain-wire type fences. • Enclosure of Council owned compounds and depots.
Skate parks and court based facilities	• Constructed by or for Council.
on public land	• Designed, fabricated and installed so as to be structurally adequate and safe for the public in accordance with the relevant Australian Standards and

Building Code of Australia.

• Located on land under the control of Council.

• management adopted by Council

Consistent with a site specific plan of that identifies the facilities and their location.

Street signs, directional signs and	•	Constructed by or for Council.
traffic warning signs	•	Designed, fabricated and installed so as to be structurally adequate and safe for the public in accordance with the relevant Australian Standards and
Building Code of Australia.
•	Complies with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access— New building work.
Use of Council owned and managed	•	Located on land under the control of
public land (ie markets, circuses,	Council.
camping and sporting events, and	•	Operated by or on behalf of Council,
public entertainment on public	or operated by a community group in
reserves).	accordance with an event management plan endorsed by Council.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or	Exempt development standards and
for the purpose of the	requirements
following:
• Maximum 3 day event if covered by a generic plan of management under the Local Government Act 1993. • If the site is covered by a site specific plan of management, the duration of the event must be in accordance with the site specific plan of management adopted by Council under the Local Government Act 1993.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Schedule 4 Complying development

(Clause 49A)

Development consisting of, or

Complying development standards

for the purpose of the

following:

New single storey dwellings and

Aircraft noise

alterations/additions to an existing

• Must comply with AS 2021—2000,

single storey dwelling

Acoustics—Aircraft noise intrusion—

Building siting and construction.

Bulk and scale

• The ground floor level of the structure at any point must not be more than 500mm above natural ground level.

• The distance between the floor level and the underside of the eaves must not be more than 2.7m.

• The roof pitch must not be more than 24 degrees and any openings must be flush with the roof pitch.

• The external wall of any structure must be at least 900mm from the nearest side and rear boundary.

• The eaves may encroach up to 1/3 of the depth of the side or rear boundary setback.

• Gable ends exceeding 10m2 are a minimum of 900mm from the side boundary.

• Building must not exceed a single storey.

Bush fire prone land requirements

•

Planning for buildings in bushfire-prone areas

Bushfire Protection (published in

December 2001 by the NSW Rural

Fire Service in collaboration with the

Department of Planning) and AS

Must comply with .

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or

Complying development standards

for the purpose of the

following:

General

• Building must not be relocated from another site.

• Building must not be constructed of second hand materials or zincalume.

Heritage conservation area and heritage

item requirements

• Not permitted in relation to heritage items or on land within a heritage conservation area.

Landscaping

• Minimum 20% of the site must be soft landscaped (ie not a hard surface).

Privacy and security

Windows in a habitable room that are within 9m of, and allow an outlook to, a window of a habitable room in an adjoining dwelling

must:

• be offset from the edge of 1 window to the edge of the other by a minimum distance of 500mm, or

• have sill heights of at least 1.7m above floor level, or

• have fixed obscure glazing in any part of the window below 1.7m above floor level, or

• have a fence no less than 1.8m high erected between the opposing windows.

Site access and parking

• Minimum of 1 parking space for each one or two bedroom dwelling and two spaces for each dwelling with three or more bedrooms and located at least

6m from the front property boundary.

• Carports and garages facing the street must not be more than 6m or 50% of the frontage width, whichever is the lesser.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Development consisting of, or

Complying development standards

for the purpose of the

following:

• Driveways must be located a minimum of 6m from a road boundary intersection.

• Maximum of 1 driveway is permitted to any residential allotment, with a minimum separation of 1m.

Site coverage

•

Dwelling together with any other than 60% of the allotment.

• Minimum of 50m2 of private open space with the principal private open space having a minimum useable area of 35m2 and a minimum dimension of 4m.

Stormwater drainage

outbuildings must be discharged to an infiltration trench with overflow to:

•

a roadside table drain or drainage protection), or

•

a street kerb and gutter using a kerb adaptor, or

•

the rear of an existing drainage pit in the street, or

•

a kerb outlet provided in the existing kerb, or

•

an inter-allotment drainage line

provided, or

•

property and overflow pipe to an

an infiltration pit located within the drainage line provided.

No overflow is required for rural and rural-residential properties provided discharge is a minimum of 10m from the

receiving boundary.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or

Complying development standards

for the purpose of the

following:

Streetscape

• Dwelling-house must be set back at least 6m from the front property boundary and, if located on a corner allotment, at least 3m from the property boundary on the secondary street.

• Dwellings must have a front door or window to a habitable room facing the street.

Water and sewer

• Premises must have appropriate approval from the Hunter Water Corporation to be connected to water

and sewer supply.

Internal fit out to existing shops or	•	Alterations or renovations to
commercial premises	previously completed buildings only.
•	Non-structural work only.
•	Work must not reduce light from windows or ventilation or reduce the number or size of exits or involve enclosure of open areas.
•	Must not create an additional occupancy.

Water and sewer

• Premises must have appropriate approval from the Hunter Water Corporation to be connected to water

and sewer supply.

Carport or detached garage	Bulk and scale
• Maximum area 40m2. • Maximum height of 3m at any point. • No enclosing walls for pergolas or carports. • Timber construction complies with AS 1684, National Timber Framing Code.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Development consisting of, or

Complying development standards

for the purpose of the

following:

•

Metal construction is of prefabricated design and erected in accordance with manufacturers’ specification.

•

Structure wholly within property

boundaries and building line.

•

There is a 900mm side boundary setback if the structure is closer than 900mm to the dwelling.

Bush fire prone land requirements

•

Planning for buildings in bushfire-prone areas

Bushfire Protection (published in

December 2001 by the NSW Rural

Fire Service in collaboration with the

Department of Planning) and AS

Must comply with .

Heritage conservation area and heritage

item requirements

• Located behind the rear alignment of the building.

• 1 only.

Site access and parking

• Carports and garages facing the street must not be more than 6m wide or 50% of the frontage width of the allotment, whichever is the lesser.

• Driveways must be located a minimum of 6m from a road boundary intersection.

• Maximum of 1 driveway is permitted to any residential allotment, with a minimum separation of 1m.

Stormwater drainage

to an infiltration trench with overflow to:

•

a roadside table drain or drainage protection), or

• a street kerb and gutter using a kerb adaptor, or

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

Development consisting of, or

Complying development standards

for the purpose of the

following:

•

the rear of an existing drainage pit in the street, or

•

a kerb outlet provided in the existing kerb, or

•

an inter-allotment drainage line

provided, or

•

property and overflow pipe to an

an infiltration pit located within the drainage line provided.

No overflow is required for rural and rural-residential properties provided discharge is a minimum of 10m from the

receiving boundary.

Water and sewer

•

Premises must have appropriate approval from the Hunter Water Corporation to be connected to water

and sewer supply if development

includes toilet, laundry or bathroom

facilities.

Swimming pool (associated with a	Bulk and scale
dwelling)	• Must be located behind the dwelling and at least 6m from the front property boundary. • Must be at least 1.5m from the side and rear boundaries. • If located on a corner allotment, must be at least 3m from the property boundary on the secondary street. • Coping and decking must be no more than 500mm above the existing ground level.
Privacy and security
• equipment or pumps must not exceed 5dBA above the ambient background

Noise level of any filtration property boundary.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

Development consisting of, or

Complying development standards

for the purpose of the

following:

Legislation and standards

•

Swimming swimming pools

Pools Act 1992, the Swimming Pools

Regulation 1998, and AS 1926.2—

1995, Swimming pool safety—

Must comply with the .

Heritage conservation area and heritage

item requirements

• Located behind the rear alignment of the building.

Subdivision for the purpose of: • Minimum lot sizes comply with this plan.

(a) widening a public road, or

• Services associated with a building on

(b)	adjusting a boundary between	a lot affected by the subdivision are
lots (other than on bush fire	contained within the same lot as the
prone land), or	building, or appropriate easements are
(c)	correcting an encroachment	created.

on a lot, or • The subdivision must not create any

(d) consolidating lots. additional allotments.

• Boundary adjustments within Zones Nos 1 (a) and 1 (c) are to have a maximum variation of 10% for both the lot area and the location of the common boundary.

Heritage conservation area and heritage

item requirements

• Boundary adjustments in heritage conservation areas must not result in more than a 5% change in area for each allotment created.

[3]      Dictionary

Insert in alphabetical order:

building line or setback means the horizontal distance between the property boundary or other stated boundary and a building wall or the outside face of a balcony, deck or the like, or the supporting posts or a carport or verandah roof.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

bush fire prone land means land recorded as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act.

environmentally sensitive area of State significance means:

(a)	coastal waters of the state, or
(b)	land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, or
(c)	land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or
(d)	land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or
(e)	land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or
(f)	land reserved as a State conservation area under the National Parks and Wildlife Act 1974, or
(g)	land, places, buildings or structures listed on the State Heritage Register, or
(h)	land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, or

(i)     land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

home-based child care or family day care home means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and which satisfies the following conditions:

(a)	the person providing the child care is appropriately licensed under the Children and Young Persons (Care and Protection) Act 1998,
(b)	the number of children at the dwelling (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Amendments Schedule 1

maintenance in relation to a heritage item or a building, work, relic, tree or place within a heritage conservation area, means ongoing protective care. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.

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

private open space means an area of land external to a building that is used for private outdoor purposes ancillary to the use of the building.

public entertainment means entertainment to which admission may ordinarily be gained by members of the public on payment of money or other consideration:

(a)

whether or not some (but not all) persons are admitted free of charge, and

(b)

whether or not the money or other consideration demanded:

(i)	as a charge for a meal or other refreshment before admission is granted, or
(ii)	as a charge for the entertainment after admission is granted.

public land means any land (including a public reserve) vested in

or under the control of Council, but does not include:

(a)	a public road, or
(b)	land to which the Crown Lands Act 1989 applies, or
(c)	a common, or
(d)	land subject to the Trustees of Schools of Arts Enabling Act 1902, or
(e)	a regional park under the National Parks and Wildlife Act 1974.

public reserve has the same meaning as in the Local Government

Act 1993.

site coverage means the proportion of a site area covered by

buildings. However:

(a)	in relation to residential development, the following are not included for the purpose of calculating site coverage:
(i) a basement,

2007 No 198

Port Stephens Local Environmental Plan 2000 (Amendment No 26)

Schedule 1 Amendments

(ii)      pedestrian awnings adjoining the street frontage,

(iii)      eaves, and

(b)

in relation to commercial development, the following are not included for the purpose of calculating site coverage:

(i)	a basement,
(ii)	pedestrian awnings adjoining the street frontage,

(iii)	unenclosed pedestrian decks adjoining the street frontage,
(iv)	transparent or translucent roof structures over a landscaped area.

swimming pool means an excavation, structure or vessel:

(a)	that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)	that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include the following:

(c)	a spa bath,
(d)	anything that is situated within a bathroom,
(e)	anything declared by the regulations under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

BY AUTHORITY