Queanbeyan Local Environmental Plan 1998 (Amendment No 38) (2007-332) Gazette No 90 of 13 July 2007, page 4504 (NSW)

Case
No judgment structure available for this case.

2007 No 332

New South Wales

Queanbeyan Local Environmental Plan

1998 (Amendment No 38)

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. (Q03/00268/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 90 of 13 July 2007, page 4504

Page 1

2007 No 332

Clause 1

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Queanbeyan Local Environmental Plan 1998

(Amendment No 38)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Queanbeyan Local Environmental Plan 1998 (Amendment

No 38).

2      Aims of plan

This plan aims to amend Queanbeyan Local Environmental Plan 1998 as follows:

(a)

to identify certain buildings (or other structures), places and archaeological sites as heritage items,

(b)

to extend the boundaries of the existing heritage conservation areas and merge them into one heritage conservation area (namely, the Queanbeyan Heritage Conservation Area),

(c)

to replace the existing heritage provisions and heritage definitions with heritage provisions and relevant definitions set out in the standard instrument contained in the Standard Instrument (Local Environmental Plans) Order 2006,

(d)

to make other consequential amendments, including the addition of a savings provision relating to certain development applications.

3      Land to which plan applies

This plan applies to all land under Queanbeyan Local Environmental

Plan 1998.

4 Amendment of Queanbeyan Local Environmental Plan 1998

Queanbeyan Local Environmental Plan 1998 is amended as set out in

Schedule 1.

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

Schedule 1

Amendments

(Clause 4)

[1]      Clause 2 Aims and general objectives of plan

Omit “, archaeological and natural heritage” from clause 2 (b).

Insert instead “and archaeological heritage”.

[2]      Clause 5 Dictionary

Omit clause 5 (3). Insert instead:

(3)

Notes included in this plan do not form part of this plan.

[3]      Part 12

Omit the Part. Insert instead:

Part 12 Heritage conservation

56

Heritage conservation

(1)

Objectives

The objectives of this clause are:

(a)

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

(b)

to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c)

to conserve archaeological sites, and

(d)

to conserve places of Aboriginal heritage significance.

(2)

Requirement for consent

Development consent is required for any of the following:

(a)

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

(b)

altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

(c)

altering a heritage item that is a building, by making structural changes to its interior,

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

(d)

disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)

disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,

(f)

erecting a building on land on which a heritage item is located or that is within a heritage conservation area,

(g)

subdividing land on which a heritage item is located or that is within a heritage conservation area.

(3)

When consent not required

However, consent under this clause is not required if:

(a)

the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

(i)      is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and

(ii)      would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or

(b)

the development is in a cemetery or burial ground and the proposed development:

(i)

is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)

would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c)

the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)

the development is exempt development.

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

(4)

Heritage impact assessment

The consent authority may, before granting consent to any development on land:

(a)

on which a heritage item is situated, or

(b)

within a heritage conservation area, or

(c)

within the vicinity of land referred to in paragraph (a) or (b),

require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(5)

Heritage conservation management plans

The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(6)

Archaeological sites

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order applies):

(a)

notify the Heritage Council of its intention to grant consent, and

(b)

take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(7)

Places of Aboriginal heritage significance

The consent authority must, before granting consent under this clause to the carrying out of development in a place of Aboriginal heritage significance:

(a)

consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place, and

(b)

notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

(8)

Demolition of item of State significance

The consent authority must, before granting consent for the demolition of a heritage item identified in Schedule 4 as being of State heritage significance (other than an item listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

(a)

notify the Heritage Council about the application, and

(b)

take into consideration any response received within 28 days after the notice is sent.

(9)

Conservation incentives

The consent authority may grant consent to development for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this plan if the consent authority is satisfied that:

(a)

the conservation of the heritage item is facilitated by the granting of consent, and

(b)

the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and

(c)

the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and

(d)

the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and

(e)

the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

57      Saving of development applications under former Part 12

Part 12, as in force immediately before the commencement of Queanbeyan Local Environmental Plan 1998 (Amendment No 38), continues to apply to any development application made under the former Part if the application was made but not finally determined before that commencement.

[4]      Schedule 1 Dictionary

Omit the definitions of archaeological site, heritage conservation area, heritage item, heritage significance, natural heritage and potential archaeological site.

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

[5]      Schedule 1

Insert in alphabetical order:

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

archaeological site means the site (as shown on the Heritage

Map and listed in Schedule 4) of one or more relics.

curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, which contributes to its heritage significance.

demolish, in relation to a heritage item, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, relic or tree.

heritage conservation area means:

(a)

an area of land that is shown as a heritage conservation area on the Heritage Map (including any heritage items situated on or within that conservation area), or

(b)

a place of Aboriginal heritage significance shown on the Heritage Map.

heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

heritage impact statement means a document consisting of:

(a)

a statement demonstrating the heritage significance of a heritage item, archaeological site, place of Aboriginal heritage significance or other heritage conservation area, and

(b)

an assessment of the impact that proposed development will have on that significance, and

(c)

proposals for measures to minimise that impact.

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

heritage item means a building, work, archaeological site, tree, place or Aboriginal object specified in an inventory of heritage items that is available at the office of the Council and the site and nature of which is described in Schedule 4 (and shown on the Heritage Map).

Heritage Map means the Queanbeyan Local Environmental Plan

1998 Heritage Map.

heritage significance means historical, scientific, cultural,

social, archaeological, architectural, natural or aesthetic value.

local heritage significance, in relation to a place, building, work, archaeological site, tree or precinct, means its heritage significance to an area.

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

place of Aboriginal heritage significance means an area of land

shown on the Heritage Map that is:

(a)

the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)

a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

relic means any deposit, object or other material evidence of

human habitation:

(a)

that relates to the settlement of the area of the City of Queanbeyan, not being Aboriginal settlement, and

(b)

that is more than 50 years old, and

(c)

that is a fixture or is wholly or partly within the ground.

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

[6]      Schedule 4

Omit the Schedule. Insert instead:

Schedule 4

Environmental heritage

(Clause 56)

Note.

indicates the heritage item is listed on the State Heritage Register and is subject to the provisions of the Heritage Act 1977.

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Environa (Tralee

H2: Open Air Motor

Directly to the east of

Local

Homestead

Sport Track (shown on

the Fraser Park

Complex)

Sheet 3 of the Heritage

Raceway complex

Map)

Environa (Tralee

H5: Shed Ruins (shown

On the southern bank

Local

Homestead

on Sheet 3 of the

of Jerrabomberra

Complex)

Heritage Map)

Creek

Environa (Tralee

H8: Sheep Dip (shown

200 metres to the

Local

Homestead

on Sheet 3 of the

northeast of the

Complex)

Heritage Map)

Tralee Homestead

complex

Environa (Tralee

H9: Tralee Landing

Directly to the east of

Local

Homestead

Ground (shown on

Tralee Homestead

Complex)

Sheet 3 of the Heritage

Complex

Map)

Jerrabomberra

Mount Jerrabomberra

Jerrabomberra Hill

Local

(shown edged heavy

Road

black on Sheet 5 of the

Heritage Map)

Jerrabomberra

The Poplars, site of

Near corner of

Local

endangered button

Lanyon Drive and

wrinkleworts rutiodosis

Tompsitt Drive

leptorhynchoides

(shown on Sheet 6 of

the Heritage Map)

Queanbeyan

Group of cottages

2–6 Alice Street

Local

Queanbeyan

Cottage

9 Alice Street

Local

Queanbeyan

House

12 Alice Street

Local

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Queanbeyan

Cottage

30 Atkinson Street

Local

Queanbeyan

Cottage

38 Atkinson Street

Local

Queanbeyan

House

57 Atkinson Street

Local

Queanbeyan

House known as

58 Atkinson Street

Local

“Coroda”

Queanbeyan

“Sir Murray Tyrrell’s

11 Blundell Street

Local

Cottage”

Queanbeyan

“Cantle Cottage”

3 Booth Street

Local

Queanbeyan

“Gabriel’s Cottage”

26 Booth Street

Local

Queanbeyan

Cottage

21 Buttle Street

Local

Queanbeyan

House

49 Cameron Road

Local

Queanbeyan

House

55 Cameron Road

Local

Queanbeyan

Duplex house

57–59 Cameron Road Local

Queanbeyan

House

61 Cameron Road

Local

Queanbeyan

House known initially

71 Cameron Road

Local

as “Mimosa” and now

as “Karabar”

# Queanbeyan

Dwelling, part of

50 Canberra Avenue

State

complex known as

“Kawaree”

# Queanbeyan

“Byrne’s Mill”

55 Collett Street

State

(currently used partly as

a restaurant)

# Queanbeyan

“Byrne’s Mill”

57 Collett Street

State

(currently used partly as

a craft shop)

# Queanbeyan

House known as

69 Collett Street

State

“Hibernia Lodge”

Queanbeyan

Cottage

72 Collett Street

Local

# Queanbeyan

Building (former

87–105 Collett Street State

hospital known as “Rusten House”)

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Queanbeyan

Greek Orthodox Church 120 Collett Street

Local

(northeast corner of

Campbell and Collett

Streets)

Queanbeyan

Remnant house

126 Collett Street

Local

Queanbeyan

Remnant house

145 Collett Street

Local

Queanbeyan

Cottage

5 Collins Street

Local

Queanbeyan

House

22 Collins Street

Local

* Queanbeyan

Limestone Kilns

Land bounded by

Local

(shown as HS3 on Sheet

Cooma Street and

4 of the Heritage Map)

Wickerslack Lane, known as the Gale Precinct

* Queanbeyan

Scarred tree sites

Land bounded by

Local

(shown as GP8 on Sheet

Cooma Street and

4 of the Heritage Map)

Wickerslack Lane, known as the Gale Precinct

* Queanbeyan

Site GP8 (shown on

Land bounded by

Local

Sheet 4 of the Heritage

Cooma Street and

Map)

Wickerslack Lane, known as the Gale Precinct

Queanbeyan

Remnant house

46 Cooma Street

Local

Queanbeyan

Remnant house

48 Cooma Street

Local

Queanbeyan

Remnant house

58 Cooma Street

Local

Queanbeyan

Cottages

22–24 Crawford

Local

Street

Queanbeyan

Hotel Queanbeyan

63 Crawford Street

Local

Queanbeyan

Building

76 Crawford Street

Local

Queanbeyan

Queanbeyan Recreation

121–147 Crawford

Local

and Leisure Centre

Street

Queanbeyan

Cottage

11 and 13 Derrima

Local

Road

Queanbeyan

Cottage

21 Derrima Road

Local

Queanbeyan

Cottage

23 Derrima Road

Local

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Queanbeyan

House

25 Derrima Road

Local

Queanbeyan

House

35 Derrima Road

Local

Queanbeyan

House

82 Derrima Road

Local

Queanbeyan

Homestead known as

17 Donald Road

Local

“Langdene”

Queanbeyan

Cottage

25 Donald Road

Local

Queanbeyan

Cottage

36 Donald Road

Local

Queanbeyan

House

38 Donald Road

Local

Queanbeyan

House

41 Donald Road

Local

Queanbeyan

House

43 Donald Road

Local

Queanbeyan

House

12 Early Street

Local

Queanbeyan

Riverside Cemetery

Erin Street

Local

Queanbeyan

Tourist information

1–3 Farrer Place

Local

centre (former

municipal chambers)

Lazarus sundial

World War I Memorial

William Farrer

Memorial

Queanbeyan

Queanbeyan and

8 Farrer Place

Local

District Historical Society Museum

Queanbeyan

Queanbeyan

19–41 Farrer Place

Local

Showground

Queanbeyan

Remnant house

2 Federal Avenue

Local

Queanbeyan

Homestead

15 Fergus Road

Local

Queanbeyan

Cottage

31 Fergus Road

Local

Queanbeyan

Building

19 Hayes Street

Local

Queanbeyan

Group of cottages

21–25 Hayes Street

Local

Queanbeyan

Group of houses

34–36 Hayes Street

Local

Queanbeyan

Bull’s Cottage

24 Henderson Road

Local

Queanbeyan

Railway worker’s

37 Henderson Road

Local

cottage

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

# Queanbeyan

Queanbeyan Railway

43 Henderson Road

State

Station

# Queanbeyan

Station Master’s

47 Henderson Road

State

Cottage

Queanbeyan

House

76 Henderson Road

Local

Queanbeyan

House

101 Henderson Road

Local

Queanbeyan

Group of houses

1 and 5 Hirst Avenue

Local

Queanbeyan

Houses

6 and 8 Hirst Avenue

Local

Queanbeyan

Group of houses

26–30 Hirst Avenue

Local

Queanbeyan

Suspension bridge

Isabella Street

Local

Queanbeyan

House

11 Isabella Street

Local

Queanbeyan

Public schoolhouse

35 Isabella Street

Local

Queanbeyan

St Benedict’s Convent

39 Isabella Street

Local

Queanbeyan

Houses

4–6 Kathleen Street

Local

Queanbeyan

Building

17–19 Kathleen

Local

Street

Queanbeyan

Group of dwellings

28–34 Kathleen

Local

Street

Queanbeyan

Boer War Memorial

Lowe Street

Local

Queanbeyan

St Raphael’s Roman

47–59 Lowe Street

Local

Catholic Church and St

Gregory’s School

complex

Queanbeyan

Ye Olde Kent Hotel

2 MacQuoid Street

Local

Queanbeyan

Cottage known as “Dog

11–13 MacQuoid

Local

and Stile Inn”

Street

Queanbeyan

St Gregory’s Roman

15–21 MacQuoid

Local

Catholic Church

Street

Queanbeyan

Cottage

33 MacQuoid Street

Local

Queanbeyan

“Lazarus Cottage”

38 MacQuoid Street

Local

Queanbeyan

“Torpy’s Cottage”

51 MacQuoid Street

Local

Queanbeyan

Group of semi-detached

70–80 MacQuoid

Local

dwellings

Street

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Queanbeyan

“Glenrock Cottage”

26 Malcolm Road

Local

Queanbeyan

House

1 McEwan Street

Local

Queanbeyan

Remnant cottage

3 McKeahnie Street

Local

Queanbeyan

House

14 McKeahnie Street

Local

Queanbeyan

Cottage

8 Moore Street

Local

Queanbeyan

Cottage

15 Moore Street

Local

Queanbeyan

St Stephen’s

2 Morisset Street

Local

Presbyterian Church

Queanbeyan

“Furlong House”

15 Morisset Street

Local

Queanbeyan

House

32 Morton Street

Local

Queanbeyan

House

33 Morton Street

Local

Queanbeyan

“Mill Thorpe House”

7 Mowatt Street

Local

# Queanbeyan

Queanbeyan Rail

East of Queanbeyan

State

Bridge (over

Railway Station

Queanbeyan River)

Queanbeyan

Cottage

26 Ross Road

Local

Queanbeyan

House

27 Ross Road

Local

Queanbeyan

House

29 Ross Road

Local

Queanbeyan

House

66 Ross Road

Local

Queanbeyan

House

88 Ross Road

Local

Queanbeyan

House

132 Ross Road

Local

Queanbeyan

Parish Hall—Anglican

19 Rutledge Street

Local

Parish of Queanbeyan

# Queanbeyan

Christ Church Anglican

39 Rutledge Street

State

Church group,

including rectory,

former school and first

extension, church hall

and landscape

Queanbeyan

House (former Kinkora

5 Stornaway Road

Local

Private Hospital)

Queanbeyan

Houses

17–19 Stornaway

Local

Road

Queanbeyan

House

39 Stornaway Road

Local

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Amendments

Schedule 1

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Queanbeyan

Group of houses

41–45 Stornaway

Local

Road

Queanbeyan

Group of houses

51–55 Stornaway

Local

Road

Queanbeyan

House

57 Stornaway Road

Local

Queanbeyan

House

59 Stornaway Road

Local

Queanbeyan

House

73 Stornaway Road

Local

Queanbeyan

House

75 Stornaway Road

Local

Queanbeyan

House

91 Stornaway Road

Local

Queanbeyan

House

95 Stornaway Road

Local

Queanbeyan

House

97 Stornaway Road

Local

Queanbeyan

House

99 Stornaway Road

Local

Queanbeyan

House

105 Stornaway Road

Local

Queanbeyan

House

31 Surveyor Street

Local

Queanbeyan

Houses

1 and 3 Symonds

Local

Street

Queanbeyan

Houses

5 and 7 Symonds

Local

Street

Queanbeyan

House

1 The Crescent

Local

Queanbeyan

House

9 The Crescent

Local

Queanbeyan

House

19 The Crescent

Local

Queanbeyan

House

43 The Crescent

Local

Queanbeyan

“O’Neill’s Cottage”

6 Trinculo Place

Local

Queanbeyan

House

24 Uriarra Road

Local

Queanbeyan

House

44 Uriarra Road

Local

Queanbeyan

House

57–59 Uriarra Road

Local

Queanbeyan

House

96 Uriarra Road

Local

Queanbeyan

House

17 White Avenue

Local

Queanbeyan

House

27 White Avenue

Local

Queanbeyan

Group of houses

36–38 White Avenue

Local

Queanbeyan

Group of houses

37–41 White Avenue

Local

2007 No 332

Queanbeyan Local Environmental Plan 1998 (Amendment No 38)

Schedule 1

Amendments

Column 1

Column 2

Column 3

Column 4

Locality

Description

Address

Significance

Queanbeyan

House

42 White Avenue

Local

Queanbeyan

House

47 White Avenue

Local

Queanbeyan

House

48 White Avenue

Local

Queanbeyan

House

10 Young Street

Local

Queanbeyan

House

14 Young Street

Local

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