Queanbeyan Local Environmental Plan 1998 (NSW)
This plan is called Queanbeyan Local Environmental Plan 1998.
The aims and general objectives of this plan are—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts, and
(a) to consolidate and update former planning instruments that applied to the City of Queanbeyan, and
(b) to recognise and protect Queanbeyan’s cultural and archaeological heritage, including environmentally sensitive areas such as Queanbeyan’s native grasslands, the Queanbeyan fault escarpment, the Queanbeyan River and Jerrabomberra Creek, and
(c) to ensure that development occurs in locations and at scales that are sensitive to heritage, and to other environmental and planning constraints, and
(d) to ensure that development is well designed and has minimal adverse impact on adjoining development and natural areas, and
(e) to provide for a diversity of housing throughout the City, and
(f) to recognise the main shopping centres of the City as the Queanbeyan City central business district and the proposed Jerrabomberra shopping centre as well as the importance of the Karabar shopping centre, and
(g) to encourage additional employment opportunities for the City, and
(h) to encourage functional and economically viable industrial development which does not pollute or adversely affect the adjoining land or water or the amenity of nearby residents, and
(i) to enable provision of a range of community and social facilities to serve the population, and
(j) to provide natural areas, open space and a range of recreational facilities to meet the needs of current and future generations, and
(k) to encourage and promote ecologically sustainable development strategies in the development and redevelopment of the City, and
(l) to recognise the proximity of the City of Queanbeyan to the Australian Capital Territory and Yarralumla local government area and the relationships between them, and
(m) to provide specific objectives for each zone created by this plan.
This plan applies to the land in the local government area of City of Queanbeyan.
However, this plan does not apply to any land shown edged heavy black and marked “excluded land” on the map, which has been deferred under section 68 (5) of the Environmental Planning and Assessment Act 1979.
All local environmental plans that applied to the land to which this plan applies and that were in force immediately before the appointed day are repealed.
However, this plan does not affect the application of Queanbeyan Local Environmental Plan 1991 (and of any other environmental planning instrument amending that plan) to any land shown edged heavy black and marked “excluded land” on the map.
Clause 6 of State Environmental Planning Policy No 22—Shops and Commercial Premises does not apply to allow brothels or restricted premises on land within Zone 3 (a), 3 (b) or 3 (c).
Queanbeyan Local Environmental Plan 1991 is amended by omitting clause 3 and by inserting instead the following clause—
This plan applies to any land within the local government area of City of Queanbeyan that is shown edged heavy black and marked “excluded land” on the map marked “Queanbeyan Local Environmental Plan 1998” and that is not land to which that plan applies.
In this plan, terms defined in the Dictionary in Schedule 1 have the same meaning as set out in the Dictionary.
A reference in this plan—
(a) to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and
(b) to a map is a reference to a map deposited in the office of the Council or set out in a Schedule to this plan.
Notes included in this plan do not form part of this plan.
Clause 29 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 applies to this plan as if this plan had commenced before 1 July 1998, despite any other provision of this plan.
This plan adopts clauses 5 (4), 7, 8, 10 (2), 11, 12, 13, 22, 23, 24, 29, 31 and 35 (paragraph (c) excepted) of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980.
A person may carry out the following development on any land to which this plan applies without development consent—
(a) exempt development,
(b) development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980,
(c) use of existing buildings of the Crown by the Crown.
Nothing in this plan affects the requirement for determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.
Unless otherwise specified, the Council is the consent authority for development applications relating to land to which this plan applies.
Development of minimal environmental impact listed as exempt development in Development Control Plan No 49—Exempt and Complying Development as adopted by the Council on 28 February 2007 is exempt development, despite any other provision of this plan.
Development listed as complying development in Development Control Plan No 49—Exempt and Complying Development as adopted by the Council on 28 February 2007 is complying development if—
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not an existing use, as defined in section 106 of the Act, and
(c) it complies with the current deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(d) it does not involve a change of classification under the Building Code of Australia of any building or part of any building on the land, and
(e) it does not contravene any condition of a development consent applying to the land, and
(f) it is not integrated development, as defined in section 91 of the Act, and
(g) it complies with any applicable manufacturer’s instructions and any applicable Australian standard published by Standards Australia.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 49—Exempt and Complying Development as adopted by the Council on 28 February 2007.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 49—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.
(Repealed)
Any tree preservation order applying to land to which this plan applied at the time of gazettal of this plan is taken to be a tree preservation order made pursuant to this plan.
(Repealed)
The Council must not grant development consent to any development likely to result in human habitation of land or the erection of a habitable building unless arrangements satisfactory to the relevant authority have been made for the provision of water, sewerage, drainage and electricity services to the land and for the disposal of sewage and stormwater from it.
Regardless of Parts 2–10, development for the purpose of the following is allowed with consent of the Council on the following land—
(a) Lots 1 and 3, DP 811433 or 57–73 Yass Road
• a motel,
(b) Lots 1 and 2, DP 835570 and Lot 2, DP 229837 or 2–4 Yass Road
• fast food take-away restaurants and motor showrooms,
(c) Lot 2, DP 739287 or 50 Canberra Avenue
• commercial premises,
(d) SP 33253 or 50–54 Yass Road
• a bottle shop,
(e) Lot 441, DP 623510 or 53 Tharwa Road
• a motel,
(f) Lot 2, DP 40101 or 34–36 Erin Street
• a scout hall,
(g) Lots 1 and 2, DP 815925 or 84–88 Macquoid Street
• a service station,
(h) Lots 1 and 2, DP 810937 or 2–8 Morisset Street
• commercial premises or a medical centre,
(i) Lot 2, DP 827417 or Bayside Court, Jerrabomberra
• a club,
(j) Lot 270, DP 550830 or 49–51 Uriarra Road
• a glassworks,
(k) Pt Lot 2, DP 828793 or 43 Henderson Street
• a scout hall,
(l) Crown land reserved for Cemetery or 250 Lanyon Drive
• sale of flowers,
(m) Lot 1, DP 714829 or 34 Queenbar Road
• amusement centre and veterinary hospital, and
• a building with a floor space ratio of no more than 2:1,
(n) Lot 24, DP 568688 or 3 Young Street
• multi-dwelling housing to a height of no more than 7 storeys,
(o) Lot 771, DP 838886 or 1 Firethorn Place, Jerrabomberra
• shops and restaurants with maximum floor space areas of 316 square metres, and
• arts and crafts gallery,
(p) Lot 2, SP 30211 or Unit 2, 5–9 High Street
• recreation facility,
(q) Lot 118, DP 710557 or 5 Cantle Place
• home printing business in association with the residential use of the land,
(r) Lot 2, DP 860213 or 30A Queenbar Road
• amusement centre and veterinary hospital, and
• a building with a floor space ratio of no more than 2:1,
(s) Lot D, DP 154554 or 64 Morisset Street
• office, shop or restaurant,
(t) Lot 4, DP 8396 or 77 Uriarra Road
• general garden maintenance equipment—sales, hire and repairs,
(u) Lot 2, DP 828685 or 135 Uriarra Road
• commercial premises/shop,
(v) Lots 1–6, SP 40615 or 1 Buttle Street
• commercial premises,
(w) Lot 3, DP 835901 or 80 Morisset Street, Queanbeyan
• restaurant, reception centre, commercial premises and educational establishment (not involving overnight accommodation),
(x) Part Lots 110 and 124, DP 754881 being 501 Cooma Road, Googong and part Lot 1, DP 808393 being 505 Cooma Road, Googong, as shown edged heavy black on Sheet 2 of the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 43)”—
• extractive industry involving—
• placing of overburden and relocation of the primary crusher and water management works on part Lot 110, DP 754881 and part Lot 1, DP 808393, and
• construction of a workshop and water management works on part Lot 124, DP 754881.
The following zones apply as shown on the map—
• 1 (a) Rural A—edged heavy black and lettered 1 (a)
• 1 (b) Rural B—edged heavy black and lettered 1 (b)
• 1 (c) Rural C—edged heavy black and lettered 1 (c)
• 2 (a) Residential A—edged heavy black and lettered 2 (a)
• 2 (b) Residential B—edged heavy black and lettered 2 (b)
• 2 (c) Residential C—edged heavy black and lettered 2 (c)
• 2 (d) Residential D—edged heavy black and lettered 2 (d)
• 2 (e) Residential E—edged heavy black and lettered 2 (e)
• 3 (a) Business A—edged heavy black and lettered 3 (a)
• 3 (b) Business B—edged heavy black and lettered 3 (b)
• 3 (c) Business C—edged heavy black and lettered 3 (c)
• 4 (a) Industrial A—edged heavy black and lettered 4 (a)
• 4 (b) Industrial B—edged heavy black and lettered 4 (b)
• 5 (a) Special Uses A—edged heavy black and lettered 5 (a)
• 6 (a) Open Space A—edged heavy black and lettered 6 (a)
• 6 (b) Open Space B—edged heavy black and lettered 6 (b)
• 6 (c) Open Space C—edged heavy black and lettered 6 (c)
• 7 (a) Environmental Protection A—edged heavy black and lettered 7 (a)
• 7 (b) Environmental Protection B—edged heavy black and lettered 7 (b)
• 8 (a) National Park A—edged heavy black and lettered 8 (a)
• 9 (a) Road A—edged heavy black and lettered 9 (a)
• 9 (b) Road B—edged heavy black and lettered 9 (b)
The objectives of each zone are set out in Parts 2–10 in the clause headed “General Development Controls” for the zone under the heading “Objectives of the Zone”.
Except as otherwise provided by this plan, for each zone specified in a general development controls clause, the development that—
(a) may be carried out without development consent is indicated in that clause by the words “Development allowed without development consent”, or
(b) may be carried out only with development consent is indicated in that clause by the words “Development allowed only with development consent”, or
(c) is prohibited is indicated in that clause by the words “Development which is prohibited”.
Except as otherwise provided by this plan, the Council must not consent to development on land within a zone unless the Council is of the opinion that the development is consistent with the objectives of the zone.
The objectives of Zone 1 (a) (the Rural A zone) are—
(a) to enable the continuation of restricted forms of agricultural land use and occupancy, and
(b) to ensure that the type and intensity of development will not prejudice the likely future uses of the land for either environmental protection, open space or urban purposes.
Exempt development.
Development for the purpose of—
• Agriculture
• Caravan Parks
• Community Facilities
• Dams
• Dwelling-houses
• Home Activities
• Helipads
• Recreation Facilities
• Retail Plant Nurseries
• Roads
• Roadside Stalls
• Rural Industries
• Stock and Sale Yards
• Utility Installations
• Utility Undertakings
• Veterinary Hospitals
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objectives of Zone 1 (b) (the Rural B zone) are—
(a) to protect land which is steeply sloping, in a pristine state and highly visible from the City of Queanbeyan and the Australian Capital Territory, and
(b) to allow suitably controlled development which allows this land to predominantly retain its natural character.
Exempt development.
Development for the purpose of—
• Dams
• Dwelling-houses
• Home Activities
• Recreation Facilities
• Roads
• Utility Installations
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objectives of Zone 1 (c) (the Rural C zone) are—
(a) to recognise that these areas are on higher elevations and act as a transition between fully urbanised areas and bushland and so should be developed in a sensitive and limited manner, and
(b) to allow development consisting mainly of dwelling-houses or single buildings which as far as possible is designed to recognise the bushland character of these areas and minimise the impact of urban development, and
(c) to allow suitably controlled subdivision which as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and
(d) to detail by means of a development control plan provisions relevant to—
• the location of dwelling-houses and ancillary buildings, and
• height, scale, bulk and construction materials, and
• the colours of external surfaces of buildings, and
• appropriate ecologically sustainable development principles.
Exempt development.
Development for the purpose of—
• Attached Dual Occupancy Housing
• Boarding Houses
• Community Facilities
• Dams
• Dwelling-houses
• Health Consulting Rooms
• Home Activities
• Roads
• Utility Installations
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
On land within Zone 1 (a) that is shown edged heavy black on sheet 1 of the Special Sites Map in Schedule 2 and commonly known as “The Ridgeway”, as well as on land within Zone 1 (c), a person may carry out development for the purpose of dual occupancy housing with the consent of the Council, but only if it consists of two attached dwellings.
The Council must not consent to development referred to in subclause (1) unless it is satisfied that—
(a) the minimum area requirements of clause 18 can be met should the site area be subdivided, and
(b) the floor space ratio will not exceed 0.5:1, and
(c) arrangements can be made for the provision of water supply and for the disposal of sewage and stormwater.
The Council may grant development consent for subdivision of land within a rural zone only when each allotment created by the subdivision meets the minimum and average area requirements of the following table—
Table
Zone | Minimum area | Average area |
Zone 1 (a) (within a scenic protection area) | 40 hectares | — |
Zone 1 (a) (not within a scenic protection area) | 80 hectares | — |
Zone 1 (c) (not shown on the subdivision control map in Schedule 3) | 0.8 hectare | — |
Zone 1 (c) (shown edged heavy black on sheet 1 of the subdivision control map in Schedule 3) | — | 2 hectares |
The objectives of Zone 2 (a) (the Residential A zone) are—
(a) to encourage small scale residential development, and
(b) to encourage alterations, additions or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and
(c) to encourage alterations, additions or redevelopment within the heritage conservation areas in this zone which have regard to and complement the scale, fabric and character of the older and traditional housing of such areas, and
(d) to allow subdivision within a heritage conservation area in this zone which is consistent with the subdivision patterns of adjoining land, and
(e) to provide opportunities for small scale non-residential uses usually within a dwelling-house or building ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and
(f) to provide opportunities for community and educational facilities.
Exempt development.
Development for the purpose of—
• Bed and Breakfast
• Boarding Houses
• Buildings on sites in the vicinity of a Heritage Item
• Buildings within Heritage Conservation Areas
• Caravan Parks
• Child Care Centres
• Community Facilities
• Dual Occupancy Housing
• Dwelling-houses
• Educational Establishments
• Exhibition Homes
• Group Homes
• Health Consulting Rooms
• Heritage Items
• Home Activities
• Hostels
• Housing for Aged or Disabled Persons
• Manufactured Home Estates outside floodways and heritage conservation areas
• Parking Spaces
• Roads
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objectives of Zone 2 (b) (the Residential B zone) are—
(a) to encourage alterations, additions or redevelopment that results in well designed dual occupancy housing and multi-dwelling housing, and
(b) to encourage alterations, additions or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and
(c) to provide opportunities for small scale non-residential uses usually within a dwelling-house or building ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and
(d) to provide opportunities for community and educational facilities.
Exempt development.
Any development not included in subclause (2) or (4).
Development for the purpose of—
• Agriculture
• Amusement Centres
• Animal Establishments
• Arts and Crafts Galleries
• Automotive Uses
• Brothels
• Bulky Goods Salesrooms or Showrooms
• Bus Depots
• Bus Stations
• Car Parks
• Cemeteries
• Commercial Premises
• Depots
• Entertainment Facilities
• Extractive Industries
• Fast Food Take-away Restaurants
• Hazardous Industries
• Helipads
• High Technology Industries
• Hospitals
• Hotels
• Industries
• Institutions
• Light Industries
• Materials Recycling Yards
• Medical Centres
• Mines
• Mixed Use Buildings
• Motor Showrooms
• Offensive Industries
• Offensive Storage Establishments
• Paintball Establishments
• Panel Beating Workshops
• Plant and Equipment Hire Establishments
• Potentially Hazardous Industries
• Potentially Offensive Industries
• Public Buildings
• Reception Centres
• Recycling Yards
• Residential Flat Buildings
• Restaurants
• Restricted Premises
• Retail Plant Industries
• Roadside Stalls
• Rural Industries
• Service Stations
• Stock and Sale Yards
• Taverns
• Transport Depots
• Veterinary Hospitals
• Warehouse or Distribution Centres
The objectives of Zone 2 (c) (the Residential C zone) are—
(a) to encourage alterations, additions or redevelopment that results in well designed dual occupancy housing, multi-dwelling housing and residential flat buildings, and
(b) to encourage development or redevelopment which maintains or improves the amenity of existing residents and which provides good amenity for future residents, and
(c) to provide opportunities for restricted and small scale non-residential uses usually within a dwelling-house or ancillary to a dwelling-house and which operate so that they do not adversely affect adjoining neighbours, and
(d) to provide opportunities for community and educational facilities.
Exempt development.
Any development not included in subclause (2) or (4).
Development for the purpose of—
• Agriculture
• Amusement Centres
• Animal Establishments
• Automotive Uses
• Brothels
• Bulky Goods Salesrooms or Showrooms
• Bus Depots
• Bus Stations
• Car Parks
• Cemeteries
• Clubs
• Commercial Premises
• Depots
• Entertainment Facilities
• Extractive Industries
• Fast Food Take-away Restaurants
• Hazardous Industries
• Hazardous Storage Establishments
• Helipads
• High Technology Industries
• Hospitals
• Hotels
• Industries
• Institutions
• Light Industries
• Manufactured Home Estates in a floodway
• Materials Recycling Yards
• Medical Centres
• Mines
• Mixed Use Buildings
• Motor Showrooms
• Offensive Industries
• Offensive Storage Establishments
• Paintball Establishments
• Panel Beating Workshops
• Plant and Equipment Hire Establishments
• Potentially Hazardous Industries
• Potentially Offensive Industries
• Public Buildings
• Restaurants
• Restricted Premises
• Roadside Stalls
• Rural Industries
• Service Stations
• Shops
• Stock and Sale Yards
• Taverns
• Transport Depots
• Veterinary Hospitals
• Warehouse or Distribution Centres
The objectives of Zone 2 (d) (the Residential D zone) are—
(a) to provide a multi-purpose residential zoning with a range of development opportunities, suitable for urban release areas, and
(b) to encourage the pre-planning of urban release areas in regard to cluster housing, dual occupancy housing, integrated housing, residential flat buildings and compatible non-residential development, and
(c) to encourage subdivision which as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and
(d) to guide development in visually more prominent areas by the provisions in a development control plan which address such matters as—
• site coverage, and
• impact of development, and
• retention of vegetation and landscaping, and
• any physical characteristic of the land, and
• appropriate ecologically sustainable development principles.
Exempt development.
Any development not included in subclause (2) or (4).
Development for the purpose of—
• Agriculture
• Amusement Centres
• Arts and Crafts Galleries
• Automotive Uses
• Brothels
• Bus Depots
• Bus Stations
• Cemeteries
• Depots
• Entertainment Facilities
• Extractive Industries
• Fast Food Take-away Restaurants
• Hazardous Industries
• Hazardous Storage Establishments
• Helipads
• High Technology Industries
• Hotels
• Industries
• Institutions
• Light Industries
• Manufactured Home Estates
• Materials Recycling Yards
• Mines
• Mixed Use Buildings
• Motor Showrooms
• Offensive Industries
• Offensive Storage Establishments
• Panel Beating Workshops
• Plant and Equipment Hire Establishments
• Potentially Hazardous Industries
• Potentially Offensive Industries
• Restaurants
• Restricted Premises
• Roadside Stalls
• Road Transport Terminals
• Rural Industries
• Service Stations
• Shops
• Stock and Sale Yards
• Taverns
• Transport Depots
• Warehouse or Distribution Centres
The objectives of Zone 2 (e) (the Residential E zone) are—
(a) to allow development consisting only of single dwelling-houses and ancillary buildings that as far as possible are designed to recognise the bushland character of the locality and to minimise the impact of urban development, and
(b) to allow suitably controlled subdivision that as far as possible maintains existing bushland and has regard to urban capability, the impact of urban development and microclimatic conditions in the design of allotments and the provision of roads and services, and
(c) to recognise that the land within the zone should act as a transition between fully urbanised areas and bushland and so should be developed in a sensitive and limited manner.
Exempt development.
Development for the purpose of—
• Dwelling-houses
• Home Activities
• Roads
• Utility Installations
• Utility Undertakings
Any development not included in subclause (3).
The Council may grant development consent for a convenience store within Zone 2 (b), 2 (c) or 2 (d) only where it is satisfied that the site is at least 400 metres from any other convenience store or similar type of building or a site for which the Council has granted development consent for a convenience store or similar type of building, being a development consent that is still valid.
A development control plan relating to development for the purpose of multi-dwelling housing may provide detailed provisions for the following—
(a) design elements of multi-dwelling housing, and
(b) areas within a zone for specific types of multi-dwelling housing, and
(c) localities where only single dwelling-houses and dual occupancy housing are suitable, and
(d) the most desirable location for dwelling-houses and associated structures, and
(e) recommended layouts for allotments and building setbacks to ensure the satisfactory retention of trees and other vegetation, and
(f) localities where specific allotment sizes and shapes should be maintained to minimise adverse environmental impact, and
(g) specific locations where site coverage should be limited to minimise adverse environmental impact, and
(h) appropriate bushfire hazard reduction works for open space and remnant bushland areas.
The Council may grant development consent for multi-dwelling housing within a residential zone only when it is satisfied that—
(a) the minimum area requirements of clause 26 can be met in the case of dual occupancy housing or integrated housing, and
(b) the floor space ratio will not exceed 0.5:1, in the case of dual occupancy housing or integrated housing, and
(c) the number of storeys will not exceed two if the proposed development will be carried out within Zone 2 (a) or 2 (b), and
(ca) in the case of dual occupancy housing and despite paragraph (c), the number of storeys does not exceed one, or if the existing dwelling on the same allotment and any existing dwellings on adjoining allotments are each two storeys or greater, the number of storeys of the proposed development does not exceed two,
(d) adequate provision is made in respect of—
(i) the privacy of each dwelling included in the proposed development and of any dwelling on adjoining land, and its curtilage, and
(ii) access to natural light for each such dwelling and its curtilage, and
(iii) the servicing of each proposed dwelling, including the supply of water and the disposal of sewage and stormwater, and
(iv) landscaping and landscaped areas, and
(v) parking spaces and associated access and manoeuvring, and
(e) an adequate assessment has been made of the relationship of the proposed building to the scale and character of the streetscape and of buildings on adjoining land and that the design of the development reflects this assessment, and
(f) access from the development to the road giving access to the site is designed to minimise conflicts between vehicles and pedestrians, and
(g) the development is designed to minimise any impact on the traffic flows along the road giving access to the site.
The Council may grant development consent for the subdivision of land within a residential zone only if each allotment on which a dwelling-house, dual occupancy housing or integrated housing will be situated after the subdivision meets the following minimum area requirements—
• Minimum Area for each Allotment (in square metres)—
• 600 square metres for each dwelling-house on land within Zone 2 (a), 2 (b), 2 (c) or 2 (d)
• 1000 square metres for each dwelling-house on land within Zone 2 (e)
• 450 square metres for each dwelling in integrated housing
• 600 square metres for each dwelling in dual occupancy housing on land within Zone 2 (a)
• 300 square metres for each dwelling in dual occupancy housing on land within Zone 2 (b), 2 (c) or 2 (d).
Regardless of subclause (1), the Council must not grant development consent for the subdivision of land edged in heavy black on sheet 2 of the special sites map in Schedule 2 unless it is satisfied that the minimum area of each allotment created pursuant to this clause will be 4000 square metres for each dwelling-house or for each dwelling in the case of multi-dwelling housing.
Where dual occupancy housing has been created or erected, or is proposed to be created or erected, on land within Zone 2 (a), the creation of separate lots illustrated by a proposed strata plan relating to the building is prohibited.
Regardless of subclause (1), the Council must not grant development consent for the subdivision of land within Zone 2 (e) that is shown cross hatched on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 23)” unless the Council is satisfied that the minimum area of each allotment will be 3000 square metres for each dwelling-house.
The objectives of Zone 3 (a) (the Business A zone) are—
(a) to recognise the Queanbeyan City central business district as the main commercial/retail centre of the City, and
(b) to recognise the Jerrabomberra shopping centre as a future important commercial/retail centre, and
(c) to provide for a wide range of retail, commercial and tourist uses as well as residential development opportunities in the zone, and
(d) to encourage alterations, additions or redevelopment within the central business district which acknowledges the scale, form and character of existing development, and
(e) to encourage alterations, additions or redevelopment which provides sufficient on-site carparking and loading/unloading facilities and meets the Council’s urban design requirements as outlined in a development control plan.
Exempt development.
Development for the purpose of—
• Advertisements
• Advertising Structures
• Amusement Centres
• Arts and Crafts Galleries
• Automotive Uses
• Buildings which adjoin Heritage Items
• Bulky Goods Salesrooms or Showrooms
• Bus Stations
• Car Parks
• Child Care Centres
• Clubs
• Commercial Premises
• Community Facilities
• Convenience Stores
• Educational Establishments
• Entertainment Facilities
• Fast Food Take-away Restaurants
• Hospitals
• Hotels
• Laundromats
• Light Industries
• Medical Centres
• Mixed Use Buildings
• Motels
• Motor Showrooms
• Places of Worship
• Plant and Equipment Hire Establishments
• Public Buildings
• Reception Centres
• Recreation Facilities
• Restaurants
• Retail Plant Nurseries
• Roads
• Service Stations
• Shops
• Taverns
• Tourist Facilities
• Utility Undertakings
• Veterinary Hospitals
Demolition
Subdivision
Any other development not included in subclause (2) or (4), subject to clause 13 (3)
Development for the purpose of—
• Brothels
• Restricted premises
The objectives of Zone 3 (b) (the Business B zone) are—
(a) to identify land suitable for small scale retail, commercial, mixed retail/commercial and residential development which does not adversely affect neighbours, particularly when they are residents, and
(b) to encourage the provision of a wide range of retail and commercial activities which serve the surrounding neighbourhood, and
(c) to encourage alterations, additions or redevelopment which acknowledges the scale, form and character of existing development, and
(d) to encourage alterations, additions or redevelopment which meets the Council’s carparking, car loading and unloading, landscaping and urban design requirements as outlined in a development control plan, and
(e) to recognise the importance of the Karabar shopping centre.
Exempt development.
Development for the purpose of—
• Advertisements
• Advertising Structures
• Arts and Crafts Galleries
• Buildings which adjoin Heritage Items
• Car Parks
• Child Care Centres
• Commercial Premises
• Community Facilities
• Convenience Stores
• Fast Food Take-away Restaurants
• Laundromats
• Light Industries
• Medical Centres
• Mixed Use Buildings
• Public Buildings
• Reception Centres
• Restaurants
• Retail Plant Nurseries
• Roads
• Service Stations
• Shops
• Utility Undertakings
Demolition
Subdivision
Any other development not included in subclause (2) or (4), subject to clause 13 (3)
Development for the purpose of—
• Brothels
• Restricted premises
The objectives of Zone 3 (c) (the Business C zone) are—
(a) to identify land suitable for restricted forms of small scale retail and commercial development which does not adversely affect adjoining neighbours, particularly when they are residents, and
(b) to encourage alterations, additions or redevelopment which acknowledges the scale, form and character of existing development, and
(c) to encourage alterations, additions or redevelopment which maintains or improves the amenity of adjoining neighbours, particularly when they are residents, and
(d) to encourage alterations, additions or redevelopment which meets the Council’s carparking, car loading and unloading, landscaping and urban design requirements as outlined in a development control plan.
Exempt development.
Development for the purpose of—
• Advertisements
• Advertising Structures
• Arts and Crafts Galleries
• Bed and Breakfast
• Buildings which adjoin Heritage Items
• Child Care Centres
• Commercial Premises
• Community Facilities
• Convenience Stores
• Fast Food Take-away Restaurants (other than drive-in)
• Fast Food Take-away Restaurants (with vehicular access from a road other than Bungendore Road or Crawford Street)
• Group Homes
• Health Consulting Rooms
• High Technology Industries
• Home Activities
• Hostels
• Housing for Aged or Disabled Persons
• Laundromats
• Light Industries
• Medical Centres
• Mixed Use Buildings
• Motels
• Motor Showrooms
• Parking Spaces
• Public Buildings
• Residential Flat Buildings
• Restaurants
• Roads
• Serviced Apartments
• Tourist Facilities
• Utility Undertakings
Demolition
Subdivision
Any other development not included in subclause (2) or (4), subject to clause 13 (3)
Development for the purpose of—
• Brothels
• Restricted premises
The Council may grant development consent for an amusement centre in Zone 3 (a), but only if it is satisfied that—
(a) an area has been set aside by the applicant for the parking of bicycles by those using the centre and this is sufficient and adequate to reduce the likelihood of bicycles being left on any footpath to interfere with the use of the footpath by the general public, and
(b) the proposed development meets the requirements of any relevant development control plan.
The Council may grant development consent for the erection of a building, or for the alteration or extension of an existing building, on land within Zone 3 (a) in Monaro or Crawford Streets and bounded by Rutledge and Morisset Streets and Collett and Lowe Streets only if it is satisfied that—
(a) the proposed development is designed to complement the scale and impact of existing development on the site which is the subject of the application as well as that on adjoining land, when viewed at the pedestrian level from the relevant street, and
(b) the proposed development meets the requirements of any relevant development control plan.
Buildings must not exceed a floor space ratio of—
(a) 3:1 in Zone 3 (a),
(b) 1:1 in Zone 3 (b),
(c) 1.5:1 in Zone 3 (c).
The Council must consider floor space ratios specified in any development control plan applying to the land.
So much of the floor space ratio of buildings within Zone 3 (c) as is attributable to floor space used for commercial purposes must not be greater than 0.75:1.
The Council may grant development consent for fast food take-away restaurants with drive-in take-away facilities only when it is satisfied that—
(a) the site area is not less than 1000 square metres, and
(b) the site has sufficient width and depth to enable safe access and egress to and from it by motor vehicles as well as to accommodate any carparking required by the Council, and
(c) the building and ancillary carparking is set back sufficiently from boundaries adjoining a road or any adjoining site used for residential purposes to allow for any landscaping required by the Council.
The objectives of Zone 4 (a) (the Industrial A zone) are—
(a) to encourage industrial development which will generate employment opportunities, and
(b) to provide opportunities for non-industrial development that may reasonably be located in an industrial zone, and
(c) to ensure that industrial and other permitted buildings which adjoin or are adjacent to residential buildings are designed and used so as to minimise any adverse impact on the use of the residential buildings, and
(d) to ensure adequate access to all properties and that proper provision is made for landscaping, off-street loading and unloading and carparking, and
(e) to encourage alterations, additions or redevelopment that improves the existing appearance of a site within the zone, particularly when it is located on or is visible from an arterial road or visible from any adjoining or adjacent residential properties.
Exempt development.
Development for the purpose of—
• Advertisements
• Advertising Structures
• Arts and Crafts Galleries
• Automotive Uses
• Brothels
• Bulky Goods Salesrooms or Showrooms
• Bus Depots
• Bus Stations
• Car Parks
• Clubs
• Convenience Stores
• Depots
• Dwelling-houses used in connection with other development permitted in this zone
• Helipads
• High Technology Industries
• Industries
• Laundromats
• Materials Recycling Yards (not adjoining or adjacent to land in a residential zone)
• Medical Centres
• Motor Showrooms
• Offices used in connection with other development permitted in this zone
• Panel Beating Workshops (not adjoining or adjacent to land in a residential area)
• Parking Spaces
• Plant and Equipment Hire Establishments
• Public Buildings
• Reception Centres
• Recreation Facilities
• Restricted Premises
• Retail Plant Nurseries
• Roads
• Road Transport Terminals
• Service Stations
• Stock and Sale Yards
• Taverns
• Transport Depots
• Utility Installations
• Utility Undertakings
• Veterinary Hospitals
• Warehouse or Distribution Centres
Demolition
Subdivision
Any other development not included in subclause (2), subject to clause 13 (3)
The objectives of Zone 4 (b) (the Industrial B zone) are—
(a) to enable the development of a business park consisting of high technology industrial premises, bulky goods retailing premises and associated facilities, and
(b) to encourage well designed, low-scale industrial development which provides large areas of landscaping and meets the Council’s carparking, loading and unloading requirements on site.
Exempt development.
Development for the purpose of—
• Advertisements
• Advertising Structures
• Arts and Crafts Galleries
• Automotive Uses
• Bulky Goods Salesrooms and Showrooms
• Bus Stations
• Car Parks
• Child Care Centres
• Community Facilities
• Convenience Stores
• Depots
• Dwelling-houses used in connection with other development permitted in this zone
• Educational Establishments
• Helipads
• High Technology Industries
• Laundromats
• Light Industries
• Medical Centres
• Motor Showrooms
• Offices used in connection with other development permitted in this zone
• Plant and Equipment Hire Establishments
• Reception Centres
• Recreation Facilities
• Roads
• Utility Installations
• Utility Undertakings
• Warehouse or Distribution Centres
Demolition
Subdivision
Any other development not included in subclause (2) or (4), subject to clause 13 (3)
Development for the purpose of—
• Brothels
• Restricted premises
The Council may grant development consent for the erection of a building or the use of a building in an industrial zone only if it is satisfied that—
(a) any adverse visual impact that may arise from the proposed use of the land can be screened from public view by the use of landscaping, particularly when the site is opposite land in a residential zone, and
(b) access to the site, loading and unloading facilities as well as on-site carparking can be provided to meet the Council’s requirements, and
(c) any waste arising from the use of the building can be disposed of to meet the Council’s requirements, and
(d) the use of the building will have a minimal impact on any residential development which the Council anticipates will be affected, and
(e) the building is set back from its front boundary a sufficient distance to allow for the implementation of any landscaping or carparking requirements of the Council, and
(f) the size of the building and the scale of the proposed use of the building are unlikely to result in any associated operations being conducted on land other than that to which the development application relates.
The Council may grant development consent for a bulky goods salesroom or showroom within Zone 4 (a) or 4 (b) only if it is satisfied that—
(a) suitable land for the proposed development is not available in Zone 3 (a), and
(b) the proposed development would not, by reason of the number of retail outlets which exist or are proposed on nearby land within Zone 4 (a) or 4 (b), defeat the predominantly industrial nature of that zone, and
(c) the proposed development will not detrimentally affect the economic viability of uses of land within Zone 3 (a), and
(d) the proposed bulky goods salesroom or showroom is to have a gross floor area of not less than 1,000 square metres.
The Council may grant development consent for the erection of a building to be used as, or for the use of a building as, a brothel or restricted premises on land within an industrial zone, but only if it is satisfied that the site is not less than 200 metres from the nearest boundary of any allotment developed or proposed to be developed for a place of worship, school, dwelling or a place frequented by children or from the nearest boundary of Yass Road or Canberra Avenue.
The Council may grant development consent for the subdivision of land within an industrial zone only if each allotment to be created has an area of not less than 1500 square metres.
The objective of Zone 5 (a) (the Special Uses A zone) is to make provision for the nominated use of this land as shown on the map.
Exempt development.
Development for the purpose of—
• Buildings adjoining Heritage Items
• Car Parks
• Roads
• The particular use indicated on the map
• Utility Installations
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
In addition to development that is allowed under clause 40, development for the purpose of the following is allowed, with the consent of the Council, on land within Zone 5 (a) where the nominated use of the land, as indicated on the map, is parking—
(a) bus stations,
(b) clubs,
(c) commercial premises,
(d) community facilities,
(e) convenience stores,
(f) drive-in take-away food shops,
(g) entertainment facilities,
(h) laundromats,
(i) medical centres,
(j) public buildings,
(k) recreation facilities,
(l) restaurants,
(m) shops,
(n) take-away food shops.
The Council may grant development consent to the carrying out of development referred to in subclause (1) only if it is satisfied that—
(a) there will be no reduction in the number of existing parking spaces provided on the land, and
(b) a traffic study has been prepared to assess the impact of the proposed development on the local road network, and
(c) any additional car parking as required by the development is to be provided on the land, and
(d) the development complies with any design criteria or floor space ratio contained in this plan, and
(e) the development complies with any urban design guidelines, car parking strategy or development control plan adopted by the Council, and
(f) the development will maintain any existing easements and rights of way for vehicular and pedestrian access, and
(g) the use of the site does not prevent or inhibit the site from being used for the special use identified for the land on the map.
(Repealed)
The objective of Zone 6 (a) (the Open Space A zone) is to identify land predominantly in public ownership which is capable of offering a range of recreational opportunities for all members of the community.
Exempt development.
Development for the purpose of—
• Caravan Parks
• Car Parks
• Clubs
• Community Facilities
• Entertainment Facilities
• Fast Food Take-away Restaurants (other than drive-in)
• Recreation Facilities
• Roads
• Tourist Facilities
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objective of Zone 6 (b) (the Open Space B zone) is to identify land in private ownership which is capable of offering a range of future recreational opportunities for all members of the community once it is acquired by the Council.
Exempt development.
Development for the purpose of—
• Caravan Parks
• Car Parks
• Community Facilities
• Entertainment Facilities
• Maintenance work associated with any other lawful use of the land
• Recreation Facilities
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objective of Zone 6 (c) (the Open Space C zone) is to recognise and to enable the continuation of recreational activities conducted on privately owned land.
Exempt development.
Development for the purpose of—
• Caravan Parks
• Car Parks
• Clubs
• Entertainment Facilities
• Recreation Facilities
• Roads
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objectives of Zone 7 (a) (the Environmental Protection A zone) are—
(a) to identify and provide for the protection of publicly owned land which is environmentally sensitive and of visual significance, and
(b) to maintain the intrinsic scientific, scenic, habitat and educational values of natural and semi-natural environments, and
(c) to protect rivers, creeks and gully ecosystems, and
(d) to protect threatened species.
Exempt development.
Development for the purpose of—
• Recreation Facilities
• Roads
• Utility Installations
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objectives of Zone 7 (b) (the Environmental Protection B zone) are—
(a) to identify and provide for the protection of privately owned land which is environmentally sensitive and of visual significance, and
(b) to maintain the intrinsic scientific, scenic, habitat and educational values of natural and semi-natural environments, and
(c) to protect river, creek and gully ecosystems, and
(d) to protect threatened species.
Development for the purpose of—
• Bushfire Hazard Reduction
• Maintenance associated with the protection of known endangered flora and fauna and their habitat.
Development for the purpose of—
• Recreation Facilities
• Utility Installations
• Utility Undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objectives of Zone 8 (a) (the National Parks A zone) are—
(a) to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974, and
(b) to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.
Any development authorised by the National Parks and Wildlife Act 1974 and any development ordinarily incidental or ancillary to such development.
Nil.
Any development not included in subclause (2).
The objectives of Zone 9 (a) (the Road A zone) are—
(a) to enable a future arterial or major local road which provides an alternative road for traffic not wanting to go through the central business district, and
(b) to enable a future arterial or major local road which links the Monaro Highway to the Kings Highway, and
(c) to enable the widening of Lanyon Drive.
Exempt development.
Development for the purpose of—
• Road Works not included in subclause (2)
• Utility undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
The objective of Zone 9 (b) (the Road B zone) is to enable the establishment of local roads or laneways identified on the map.
Exempt development.
Development for the purpose of—
• Road Works
• Utility undertakings
Demolition
Subdivision
Any development not included in subclause (2) or (3).
(Repealed)
Regardless of any other clause in this plan, development consent is required for the erection of any advertising structure and the display of an advertisement on it, and for the display of an advertisement that is not on an advertising structure, which—
(a) covers any mechanical ventilation inlet or outlet, or
(b) is less than 600 millimetres from the kerb or edge of the carriageway of any road.
Nothing in this plan affects State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3.
The Council may grant development consent for the erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not an advertising structure, only if it is satisfied that—
(a) the structure and the advertisement or the advertisement will not detract from any scenic quality of the locality, and
(b) the advertisement does not significantly add or contribute to any signage clutter in the locality, and
(c) where the advertisement or the structure is to be attached to a building, the advertisement or the structure has been designed to be an integral part of the building, both structurally and aesthetically, and
(d) the provisions of clause 53, where applicable, have been met, and
(e) the advertisement will not distract motorists using an intersection or interfere with the efficient operation of any traffic control device.
The Council may grant development consent for an advertising structure and display of an advertisement on it, or for the display of an advertisement that is not on an advertising structure, advertising restricted premises, only if—
(a) it is satisfied that the advertisement is not likely to interfere with the amenity of the locality, and
(b) the advertisement and structure has an area of not more than 3 square metres and includes—
(i) the words “RESTRICTED PREMISES” in capital letters being not less than 100 millimetres and not more than 150 millimetres in height, and
(ii) the name of the person who conducts the business at those restricted premises or the registered name of the business carried out on those restricted premises, and
(c) not more than one such advertisement and structure is erected, displayed or exhibited to public view in a window or an entrance of the restricted premises or on, outside or directly above the door to the premises, and
(d) the advertisement or structure will not be illuminated by flashing lights and does not include changing images or similar effect.
Regardless of any other clause in this plan, the Council may grant development consent for the erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not an advertising structure, on any land for the specific purpose of directing the travelling public to tourist facilities or places of scientific, historic or scenic interest, where it is satisfied that—
(a) the advertisement relates to a specific building or place, and
(b) the principal purpose of the advertisement is to direct the travelling public to that building or place, and
(c) the dimensions and overall size of the advertisement and or structure are not larger than would reasonably be required to so direct the travelling public.
The Council may grant development consent for the erection of an advertising structure and display of an advertisement on it, or for the display of an advertisement that is not on an advertising structure, in Zone 3 (a) only if the advertisements or structures are—
(a) painted signs on fascias, or
(b) wall signs on upper facades, whether or not illuminated, that project less than 1 metre from the building face and, in the opinion of the Council, are well designed.
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.
Development consent is required for any of the following—
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building, by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(e) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
However, consent under this clause is not required if—
(a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i) is of a minor nature, or is for the maintenance of the heritage item, archaeological site, or a building, work, relic, tree or place within a heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development—
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
(c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d) the development is exempt development.
The consent authority may, before granting consent to any development on land—
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
The 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).
The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site, be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
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 21 days after the notice is sent,
(c) be satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
(Repealed)
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.
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.
(Repealed)
The owner of any land in Zone No 6 (b), 9 (a) or 9 (b) may, by notice in writing, require the Council to acquire the land.
On the receipt of such a notice the Council must acquire the land.
This clause does not apply when the land is required to be dedicated to the Council as a condition of development consent.
The Council may grant consent for any development on land in Zone 6 (b), 9 (a) or 9 (b) that—
(a) may be carried out on land in an adjoining zone, and
(b) is compatible with development which may be carried out on land in an adjoining zone.
The Council must not grant development consent referred to in subclause (1) unless it has made an assessment of—
(a) the effect of the proposed development on the costs of acquisition, and
(b) the imminence of acquisition, and
(c) the costs of reinstatement of the land for the development for which the land is to be acquired.
The Council may grant development consent for development on land with direct vehicular access to an arterial road or on land which has a vehicular access point within 90 metres of an intersection with an arterial road only if it is satisfied that—
(a) vehicular access from a road other than an arterial road is not practicable, and
(b) the nature of the development justifies a location on an arterial road or near one, and
(c) vehicular access to the development and the road giving access to the site are designed to minimise conflict between vehicles and pedestrians, and
(d) through traffic on the arterial road will not be impeded by the design of access points from the site of the proposed development or by the internal traffic arrangements for the proposed development, and
(e) future through traffic on the arterial road following its realignment or widening will not be impeded by the design of those access points or by those internal traffic arrangements.
The proposed Edwin Land Parkway is taken to be an arterial road for the purposes of subclause (1).
The Council may grant development consent for development which provides direct vehicular access to Southbar Road between Donald Road and Lanyon Drive, or to Thompsitt Drive, or to the proposed Edwin Land Parkway, only when such vehicular access is gained from a road.
The Council may grant development consent for a road intersecting with Southbar Road between Donald Road and Lanyon Drive, Thompsitt Drive or the proposed Edwin Land Parkway, only if it is satisfied that the location of the road and design of its intersection is in accordance with any requirements of the Council or the Roads and Traffic Authority of New South Wales, as applicable.
The Council may grant development consent for the subdivision of the following land, or the erection of a dwelling requiring development consent on that land, only if it is satisfied that the development incorporates noise mitigation measures that are in accordance with the Environment Protection Authority’s Environmental Criteria for Road Traffic Noise (published in June 1999)—
(a) land adjoining Bungendore Road, Crawford Street, Edwin Land Parkway, Ellerton Drive, Lanyon Drive, Monaro Street, Southbar Road, Thompsitt Drive,
(b) land adjoining land within Zone 9 (a),
(c) land adjoining the proposed Edwin Land Parkway.
Subclause (5) does not apply where, in the Council’s opinion, the proposed development involves the reasonable repair, renovation, alteration, extension of, or addition to, an existing building.
This clause applies to land within 20 metres of a boundary between any two zones except land within Zone 7 (a), 7 (b) or 8 (a) or land proposed to be developed for the purpose of a brothel or restricted premises.
Regardless of any other clause in this plan, the Council may grant consent for development of land to which this clause applies if the development may be carried out in the adjoining zone, but only if it is satisfied that—
(a) the development is not inconsistent with the aims and objectives of this plan and the objectives of both zones, and
(b) the carrying out of the development is desirable due to planning, servicing or similar requirements relating to the optimum development of the land.
Development consent is required for development of unzoned land.
Subclause (1) does not apply to the development of any land by a public authority or its agent for the purpose of roads or utility installations (other than railways, water or air transport, wharf or river undertakings, gas holders or generating works) on which development may be carried out without the development consent of the Council.
(Repealed)
Regardless of any other provision of this plan, development consent is required for a building with a height which exceeds the obstacle height limitation surface and for residential development under a flightpath and within the 20–25 ANEF contour.
The Council may grant development consent for the erection of a building on land with a height which exceeds the obstacle height limitation surface for Canberra (Fairbairn) Airport as determined by the Commonwealth Department of Defence from time to time only if it is satisfied that the building will not constitute an obstruction, hazard or potential hazard to aircraft flying in the vicinity. Before granting such a consent, the Council must notify that Department of its intention to do so and take into consideration any comments made by that Department and received within 28 days after the notice was sent.
Where the proposed development is located under a flight path and is within the 20–25 ANEF contour and is for residential purposes or for the purposes of hospitals, schools, churches and public buildings, the Council may grant development consent only if it is satisfied that any building to be constructed will satisfy the provisions of AS 2021–1994 (Acoustics—Aircraft Noise Intrusion—Building Siting and Construction).
In granting consent referred to in subclause (1), the Council must consider any noise exposure forecast prepared for the land concerned by the Commonwealth Department of Defence, Federal Airports Corporation, Air Services Australia or a private lessor of the Airport and assess whether the proposed use of the building will be adversely affected by exposure to aircraft noise.
For the purposes of this clause, the flightpath of aircraft includes such land as is determined by either Air Services Australia or the Department of Defence and communicated to the Council.
The Council may grant development consent for the erection of a building on land within 2 kilometres of the Bonshaw Radio Station only after it has referred the application to the Commonwealth Department of Defence and has considered any comments received from the Department of Defence within 28 days after the notice was sent.
The Council must not grant development consent for the erection of a building or a work on land within 40 metres of the top of the bank of either Queanbeyan River or Jerrabomberra Creek unless it is satisfied that it will have no adverse impact on the riverine environment.
The Council must not grant development consent for the erection of a building or the carrying out of a work on land that is, in the opinion of the Council, liable to flooding unless it is satisfied that—
(a) the impact of the proposed development on water quality or the erosion of banks will be minimal, or appropriate steps can be taken to minimise any adverse impact of the development on water quality or the erosion of the banks, and
(b) adequate measures can be taken to—
(i) reduce the impact of flooding on the subject land as well as on adjoining land, and
(ii) prevent the incidence of structural damage likely to be caused to any buildings to be located on the land, and
(iii) enable the evacuation of people and limit any cost to the community of evacuation.
The Council may grant development consent for the subdivision of land or to the erection of a building on land which, in the Council’s opinion, is subject to bushfire hazard only if it is satisfied that—
(a) adequate provision is made for access for fire fighting vehicles, and
(b) adequate safeguards will be adopted in the form of fire breaks, reserves and fire radiation zones, and
(c) adequate water supplies will be available for fire fighting purposes, and
(d) appropriate measures can be taken to reduce the hazard, after having regard to any guidelines, development control plan or the like adopted from time to time by the Council.
The Council may grant development consent for a building within a scenic protection area or within Zone 2 (e) only if it is satisfied that—
(a) the height, scale and bulk of the building as well as the construction materials used in, and the colours of external surfaces of, the building will accord with the visual character of the locality, and
(b) any landscaping, particularly around buildings for screening purposes, will enhance the visual character of the locality, and
(c) the building will be located so as to be unobtrusive, and
(d) the part of the site to be used for the building is stable or can be stabilised in accordance with the requirements of the Council, and
(e) the effect of the proposed development on the erosion of any land or the siltation of any waterway will be minimal, or appropriate measures can be taken to control erosion or siltation during construction, and
(f) adequate measures can be taken during and after construction to protect endangered flora and fauna where these are known to occur on the subject site or on immediately adjoining land, and
(g) where required, a tree survey of significant trees showing the likely impact on significant trees of the proposed development has been taken into account and adequate measures are proposed to be taken to retain significant trees.
The Council may grant development consent for a subdivision of land within a rural zone only if it is satisfied that—
(a) access roads are located to minimise the risk of soil erosion, and
(b) each allotment to be created by the subdivision of land provides potential development sites with minimum risk of damage by bushfires or soil instability, and
(c) adequate provision is made for soil erosion control measures to be carried out, including measures to be carried out prior to and during the construction phase of the subdivision taking place, and
(d) adequate provision is made for drainage and stormwater control, and
(e) each new allotment has sufficient building area on it, being land with a natural slope of less than 20%, and
(f) the size of allotments to be created meets any minimum or average area requirements of this plan for the land and the ratio of depth to frontage of each new allotment is adequate in terms of its likely intended use, and
(g) where the land in the opinion of the Council is unstable, a geophysical report on the stability of land has been prepared by consultants acceptable to the Council and the report indicates which part of the land is suitable for development or the appropriate measures that need to be taken to stabilise the area proposed for development, and
(h) adequate measures will be taken during construction to protect endangered flora and fauna as well as other native vegetation, when these are known to occur on the subject site or adjoining land, and
(i) adequate measures will be taken to retain heritage items, significant trees and other significant native vegetation or natural features of significance, and
(j) those parts of a site to be developed for the purpose of a building will not intrude on visibly prominent or significant landscaping qualities when viewed from outside the area being developed.
The Council may grant development consent for a subdivision of land within a residential zone only if it is satisfied that—
(a) the matters referred to in subclause (1) (a)–(e) and (g)–(j) have been adequately dealt with, and
(b) the size of allotments to be created meets any minimum area requirements of this plan for the land and the ratio of depth to frontage of each new allotment is adequate in terms of its likely intended use, and
(c) adequate measures are made to retain significant trees and natural drainageways and significant trees and natural drainageways, where possible, are sited in areas accessible to the general public, and
(d) allotments are orientated to acknowledge local microclimatic conditions and to enable future buildings to be designed to achieve maximum solar efficiency, and
(e) greenfield or large residential subdivisions have been designed to encourage the use of alternative forms of transportation to the private motor car.
The Council may grant development consent for a subdivision of land within a business or industrial zone or for a subdivision of land likely to be used for retail or commercial purposes, only if it is satisfied that—
(a) the matters referred to in subclause (1) (a)–(e), (g) and (i) have been adequately dealt with, and
(b) any subdivision of land on a main or proposed main road will not increase the potential for ribbon development along that road, and
(c) the size of allotments to be created meets any minimum area requirements of this plan for the land.
The Council may grant development consent for a subdivision of land within Zone 7 (a) or 7 (b) only after it has taken into consideration the environmental impact of the proposed subdivision on the relevant land within Zone 7 (a) or 7 (b).
The website of the Department of Environment and Climate Change has publications that provide guidance on development that may impact on areas managed by that Department (for example, the Guidelines for developments adjoining Department of Environment and Climate Change land).
(Repealed)
The Council may grant consent for the development of land that is not exclusively for the purpose of residential use only if—
(a) it has considered whether conditions should be imposed on the consent for the purpose of—
(i) reducing, improving the quality of, or controlling, all emissions to air (such as conditions concerning the use of pollution control equipment), or
(ii) reducing or minimising noise impacts, or
(iii) reducing or improving the quality of stormwater disposal from the site as well as any pollution arising as a result of stormwater disposal, or
(iv) reducing, improving the quality of, or controlling, liquid discharges to the sewer, and
(b) it is satisfied that—
(i) the development is not likely to give rise to significant air, water or noise pollution, and
(ii) stormwater and other liquid discharges will be properly discharged.
Despite subclause (1), the Council may grant consent for the development of land if it has had regard to information that addresses the following matters—
(a) the composition and quantity of all emissions to air likely to result from the development of the site (including emissions to air from any building, plant, activity or equipment on the site),
(b) the noise impacts likely to result from the development of the site (including noise emissions arising during construction and from any building, plant, equipment or activity on the site),
(c) the measures proposed to dispose of stormwater and any liquid discharges from the site,
(d) the measures proposed to minimise the occurrence of polluting incidents arising from emissions to air or from discharge of stormwater or any liquid discharges to sewer as well as the measures proposed to attenuate noise emissions.
The Council may grant consent for the development of land only if it is satisfied that State Environmental Planning Policy (Resilience and Hazards) 2021, section 4.6 has been complied with.
The Council may grant development consent for development that has an estimated value in excess of $500,000 and that will result in the consumption of non-renewable energy and the production of greenhouse gases only if it has made an assessment of—
(a) details of the possible measures that could be incorporated in the development to reduce the consumption of non-renewable energy and the production of greenhouse gases, and
(b) any measures incorporated in the proposed development to minimise the energy requirements of the proposed development, including building design, construction methods, materials, solar orientation, plant and equipment technology, space heating, cooling and lighting systems, and landscaping, and
(c) whether conditions should be imposed on the consent aimed at reducing the consumption of non-renewable energy or the production of greenhouse gases.
The Council may grant consent for development only if it is satisfied that the person proposing to carry out the development—
(a) has, in the Council’s opinion, taken all reasonable measures to minimise the quantities of waste likely to be generated by the development through waste avoidance, recycling or reuse, and
(b) has made or intends to make arrangements for the proper collection and disposal of wastes to an appropriate landfill site or reprocessing facility, and
(a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or
(b) any water stored in artificial works, any water in water mains, water pipes or water channels, or any underground or artesian water.
(Clauses 17 and 26)
(Clause 18)
(Clause 56)
An asterisk (*) indicates the heritage item is an archaeological site and a hash (#) 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 Homestead Complex) | H2: Open Air Motor Sport Track (shown on Sheet 3 of the Heritage Map) | Directly to the east of the Fraser Park Raceway complex | Local |
Environa (Tralee Homestead Complex) | H5: Shed Ruins (shown on Sheet 3 of the Heritage Map) | On the southern bank of Jerrabomberra Creek | Local |
Environa (Tralee Homestead Complex) | H8: Sheep Dip (shown on Sheet 3 of the Heritage Map) | 200 metres to the northeast of the Tralee Homestead complex | Local |
Environa (Tralee Homestead Complex) | H9: Tralee Landing Ground (shown on Sheet 3 of the Heritage Map) | Directly to the east of Tralee Homestead Complex | Local |
Jerrabomberra | Mount Jerrabomberra (shown edged heavy black on Sheet 5 of the Heritage Map) | Jerrabomberra Hill Road | Local |
Jerrabomberra | The Poplars, site of endangered button wrinkleworts | Near corner of Lanyon Drive and Tompsitt Drive | Local |
Queanbeyan | Group of cottages | 2–6 Alice Street | Local |
Queanbeyan | Cottage | 9 Alice Street | Local |
Queanbeyan | House | 12 Alice Street | Local |
Queanbeyan | Cottage | 30 Atkinson Street | Local |
Queanbeyan | Cottage | 38 Atkinson Street | Local |
Queanbeyan | House | 57 Atkinson Street | Local |
Queanbeyan | House known as “Coroda” | 58 Atkinson Street | Local |
Queanbeyan | “Sir Murray Tyrrell’s Cottage” | 11 Blundell Street | Local |
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 as “Mimosa” and now as “Karabar” | 71 Cameron Road | Local |
# Queanbeyan | Dwelling, part of complex known as “Kawaree” | 50 Canberra Avenue | State |
# Queanbeyan | “Byrne’s Mill” (currently used partly as a restaurant) | 55 Collett Street | State |
# Queanbeyan | “Byrne’s Mill” (currently used partly as a craft shop) | 57 Collett Street | State |
# Queanbeyan | House known as “Hibernia Lodge” | 69 Collett Street | State |
Queanbeyan | Cottage | 72 Collett Street | Local |
# Queanbeyan | Building (former hospital known as “Rusten House”) | 87–105 Collett Street | State |
Queanbeyan | Greek Orthodox Church | 120 Collett Street (northeast corner of Campbell and Collett Streets) | Local |
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 (shown as HS3 on Sheet 4 of the Heritage Map) | Land bounded by Cooma Street and Wickerslack Lane, known as the Gale Precinct | Local |
* Queanbeyan | Scarred tree sites (shown as GP8 on Sheet 4 of the Heritage Map) | Land bounded by Cooma Street and Wickerslack Lane, known as the Gale Precinct | Local |
* Queanbeyan | Site GP8 (shown on Sheet 4 of the Heritage Map) | Land bounded by Cooma Street and Wickerslack Lane, known as the Gale Precinct | Local |
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 Street | Local |
Queanbeyan | Hotel Queanbeyan | 63 Crawford Street | Local |
Queanbeyan | Building | 76 Crawford Street | Local |
Queanbeyan | Queanbeyan Recreation and Leisure Centre | 121–147 Crawford Street | Local |
Queanbeyan | Cottage | 11 and 13 Derrima Road | Local |
Queanbeyan | Cottage | 21 Derrima Road | Local |
Queanbeyan | Cottage | 23 Derrima Road | Local |
Queanbeyan | House | 25 Derrima Road | Local |
Queanbeyan | House | 35 Derrima Road | Local |
Queanbeyan | House | 82 Derrima Road | Local |
Queanbeyan | Homestead known as “Langdene” | 17 Donald Road | Local |
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 centre (former municipal chambers) Lazarus sundial World War I Memorial William Farrer Memorial | 1–3 Farrer Place | Local |
Queanbeyan | Queanbeyan and District Historical Society Museum | 8 Farrer Place | Local |
Queanbeyan | Queanbeyan Showground | 19–41 Farrer Place | Local |
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 cottage | 37 Henderson Road | Local |
# Queanbeyan | Queanbeyan Railway Station | 43 Henderson Road | State |
# Queanbeyan | Station Master’s Cottage | 47 Henderson Road | State |
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 Street | Local |
Queanbeyan | Group of dwellings | 28–34 Kathleen Street | Local |
Queanbeyan | Boer War Memorial | Lowe Street | Local |
Queanbeyan | St Raphael’s Roman Catholic Church and St Gregory’s School complex | 47–59 Lowe Street | Local |
Queanbeyan | Ye Olde Kent Hotel | 2 MacQuoid Street | Local |
Queanbeyan | Cottage known as “Dog and Stile Inn” | 11–13 MacQuoid Street | Local |
Queanbeyan | St Gregory’s Roman Catholic Church | 15–21 MacQuoid Street | Local |
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 dwellings | 70–80 MacQuoid Street | Local |
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 Presbyterian Church | 2 Morisset Street | Local |
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 Bridge (over Queanbeyan River) | East of Queanbeyan Railway Station | State |
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 Parish of Queanbeyan | 19 Rutledge Street | Local |
# Queanbeyan | Christ Church Anglican Church group, including rectory, former school and first extension, church hall and landscape | 39 Rutledge Street | State |
Queanbeyan | House (former Kinkora Private Hospital) | 5 Stornaway Road | Local |
Queanbeyan | Houses | 17–19 Stornaway Road | Local |
Queanbeyan | House | 39 Stornaway Road | Local |
Queanbeyan | Group of houses | 41–45 Stornaway Road | Local |
Queanbeyan | Group of houses | 51–55 Stornaway Road | Local |
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 Street | Local |
Queanbeyan | Houses | 5 and 7 Symonds Street | Local |
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 |
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 |
(Clause 82)
(Clause 83)
Part of 1 Southbar Road, being part of Lot 548, DP 259942, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 3)”.
2 Southbar Road, being Lots 514–518, DP 244051.
5 Erin Street, Queanbeyan, being Lot 3, DP 717706, 155A Crawford Street, Queanbeyan, being Lot 1, DP 714419, 151A Crawford Street, Queanbeyan, being Lot 12, DP 715626, 151B Crawford Street, Queanbeyan, being Lot 2, DP 724766, 16 Morisset Street, Queanbeyan, being Lot 2, DP 702120, 26 Morisset Street, Queanbeyan, being Lot 3, DP 556476, Lot 22, DP 575063, Lot 62, DP 630941, Lot 52, DP 630944, Lot 22, DP 713562, Lot 12, DP 606914, Lot 201, DP 601279, 251 Crawford Street, Queanbeyan, being Lot 1, DP 873175, 50 Lowe Street, Queanbeyan, being Lot 22, DP 550226, Lots 1 & 2, DP 856523, Lot 1, DP 748338, Lots 1 & 2, DP 806157, 9G Morisset Street, Queanbeyan, being Lot 22, DP 544753, Lot 24, DP 545522, Lot A, DP 371908, Lot 2, DP 239955, Lot 142, DP 540498, Part Lot 13 & Part Lot 8 Sec 24, DP 758862, Lot 13, DP 544916, Lot 15, DP 543424, Lot 9, DP 530627, Lot 3, DP 239955, Lot 19, DP 544636, Lot 11, DP 543425, Lots 5 & 9, DP 239955, Lot 26, DP 544107, 24A Rutledge Street, Queanbeyan, being Part Lot 5 & Part Lot 1, DP 241551, Part Lot 51, DP 615125, Part Lot 2, DP 1007933, Lot 1, DP 1007933 and 24 Rutledge Street, Queanbeyan, being Lots 41 & 42, DP 615038, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 22)” deposited in the office of the Council.
Land bounded by Morisset, Collett, Antill and Carinya Streets, Queanbeyan, as shown edged heavy black and lettered “5 (a) Carpark” on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 30)”.
113 Canberra Avenue, Queanbeyan, being Lot 1, DP 1027494.
Column 1 | Column 2 | Column 3 |
Locality | Description | Trusts etc not discharged |
13 Beatty Crescent. | Lot 57, DP 246824. | Reservations and conditions in the Crown Grant(s) as noted on Certificate of Title Folio Identifier 57/246824. |
7 Kaye Place. | Lot 20, DP 264522. | Reservations and conditions in the Crown Grant(s), and two restriction(s) on the use of land (DP261419 and DP264522), as noted on Certificate of Title Folio Identifier 20/264522. |
126A Morton Street. | Lot 14, DP 216046. | Reservations and conditions in the Crown Grant(s) as noted on Certificate of Title Folio Identifier 14/216046. |
130 Munro Road. | Lot 248, DP 243990. | Reservations and conditions in the Crown Grant(s) as noted on Certificate of Title Folio Identifier 248/243990. |
30A Candlebark Road. | Lot 32, DP 576516. | Reservation of minerals and any other reservations and conditions in favour of the Crown—see Crown Grant(s), as noted on Certificate of Title Folio Identifier 32/576516. |
158 Candlebark Road, Karabar. | Part of Lot 243, DP 869283, as shown edged heavy black on Sheet 3 of the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 43)”. | Nil. |
9 Cantle Place. | Lot 120, DP 710557. | Reservation of minerals and any other reservations and conditions in favour of the Crown—see Crown Grant(s), as noted on Certificate of Title Folio Identifier 120/710557. |
46 Pindari Crescent. | Lot 65, DP 242927. | Reservations and conditions in the Crown Grant(s), and restriction(s) on the use of the land (DP242570), as noted on Certificate of Title Folio Identifier 65/242927. |
No 12 Cassia Crescent, and two laneways leading from the land to Grevillea Place and Cameron Road, respectively. | Lot 118, DP 239180, and two laneways, as shown edged heavy black on the map marked “Queanbeyan Local Environmental Plan 1998 (Amendment No 19”—Queanbeyan Local Environmental Plan 1998 (Amendment No 19). | Nil |
10 Aurora Place. | Lot 29, DP 246601. | Reservations and conditions in the Crown Grant(s), and easement for transmission line (DP246601), as noted on Certificate of Title Folio Identifier 29/246601. |
Queanbeyan Local Environmental Plan 1998 published in Gazette No 148 of 16.10.1998, p 8300 and amended in Gazettes No 178 of 24.12.1998, pp 10266, 10267, No 10 of 22.1.1999, p 214, No 56 of 7.5.1999, p 3118, No 111 of 24.9.1999, p 9194, No 139 of 10.12.1999, p 11839 and No 144 of 24.12.1999, p 12457 and as follows—
Queanbeyan Local Environmental Plan 1998 (Amendment No 7) (GG No 73 of 23.6.2000, p 5176)
Queanbeyan Local Environmental Plan 1998 (Amendment No 10) (GG No 73 of 23.6.2000, p 5177)
Queanbeyan Local Environmental Plan 1998 (Amendment No 14) (GG No 54 of 16.3.2001, p 1370)
Queanbeyan Local Environmental Plan 1998 (Amendment No 21) (GG No 67 of 12.4.2001, p 1898)
Queanbeyan Local Environmental Plan 1998 (Amendment No 20) (GG No 95 of 8.6.2001, p 3583)
Queanbeyan Local Environmental Plan 1998 (Amendment No 19) (GG No 117 of 27.7.2001, p 5714)
Queanbeyan Local Environmental Plan 1998 (Amendment No 22) (GG No 156 of 12.10.2001, p 8565)
Queanbeyan Local Environmental Plan 1998 (Amendment No 18) (GG No 34 of 1.2.2002, p 673)
Queanbeyan Local Environmental Plan 1998 (Amendment No 23) (GG No 34 of 1.2.2002, p 675)
Queanbeyan Local Environmental Plan 1998 (Amendment No 25) (GG No 67 of 28.3.2002, p 2105)
Queanbeyan Local Environmental Plan 1998 (Amendment No 5) (GG No 133 of 23.8.2002, p 6491)
Queanbeyan Local Environmental Plan 1998 (Amendment No 30) (GG No 225 of 22.11.2002, p 9921)
Queanbeyan Local Environmental Plan 1998 (Amendment No 28) (GG No 246 of 6.12.2002, p 10484)
Queanbeyan Local Environmental Plan 1998 (Amendment No 26) (GG No 95 of 6.6.2003, p 5070)
Queanbeyan Local Environmental Plan 1998 (Amendment No 31) (GG No 137 of 5.9.2003, p 9171)
Queanbeyan Local Environmental Plan 1998 (Amendment No 35) (GG No 138 of 12.9.2003, p 9309)
(257) | Queanbeyan Local Environmental Plan 1998 (Amendment No 42). GG No 73 of 17.6.2005, p 2483. Date of commencement, on gazettal. | |
(435) | Queanbeyan Local Environmental Plan 1998 (Amendment No 40). GG No 102 of 12.8.2005, p 4390. Date of commencement, on gazettal. | |
(552) | Queanbeyan Local Environmental Plan 1998 (Amendment No 43). GG No 111 of 1.9.2006, p 7823. Date of commencement, on gazettal. | |
(328) | Queanbeyan Local Environmental Plan 1998 (Amendment No 45). GG No 87 of 6.7.2007, p 4409. Date of commencement, on gazettal. | |
(332) | Queanbeyan Local Environmental Plan 1998 (Amendment No 38). GG No 90 of 13.7.2007, p 4504. Date of commencement, on gazettal. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 2.14, assent, sec 2 (2). | |
(122) | Queanbeyan Local Environmental Plan 1998 (Amendment No 47). GG No 48 of 2.5.2008, p 2994. Date of commencement, on gazettal. | |
(571) | State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3. | |
(583) | Queanbeyan Local Environmental Plan 1998 (Amendment No 48). LW 11.11.2011. Date of commencement, on publication on LW, cl 2. | |
(659) | State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2. | |
(724) | State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020. | |
(175) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021. Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. |
Cl 2 | Am 6.6.2003; 2007 (332), Sch 1 [1]; 2020 (724), Sch 2[2]. |
Cl 5 | Am 2007 (332), Sch 1 [2]. |
Cl 6A | Ins 28.3.2002. |
Cl 7A | Ins 24.12.1999. Am 28.3.2002. Subst 2006 (552), Sch 2 [1]. Am 2007 (328), Sch 1.2 [1] [2]. |
Cl 7B | Ins 24.12.1999. Am 28.3.2002. Rep 2006 (552), Sch 2 [1]. |
Cl 9 | Rep 28.3.2002. |
Cl 11 | Am 7.5.1999; 22.11.2002; 6.6.2003; 12.9.2003; 2005 (435), Sch 1 [1]; 2006 (552), Sch 2 [2]. |
Cl 12 | Am 1.2.2002. |
Cl 13 | Am 6.6.2003; 2006 (552), Sch 2 [3]. |
Cl 14 | Am 28.3.2002; 6.6.2003; 2006 (552), Sch 2 [4]. |
Cl 15 | Am 28.3.2002; 6.6.2003; 2006 (552), Sch 2 [5]. |
Cl 16 | Am 28.3.2002; 6.6.2003. |
Cl 18 | Am 1.2.2002. |
Cl 19 | Am 24.12.1999; 28.3.2002; 6.6.2003; 2006 (552), Sch 2 [6]. |
Cl 20 | Am 24.12.1999; 28.3.2002; 6.6.2003; 2006 (552), Sch 2 [7] [8]. |
Cl 21 | Am 24.12.1999; 28.3.2002; 6.6.2003; 2006 (552), Sch 2 [9]. |
Cl 22 | Am 24.12.1999; 28.3.2002; 6.6.2003. |
Cl 22A | Ins 1.2.2002. |
Cl 25 | Am 12.9.2003; 2006 (552), Sch 2 [10]; 2022 No 26, Sch 2.25. |
Cl 26 | Am 1.2.2002. |
Cll 27, 28 | Am 28.3.2002; 6.6.2003. |
Cl 29 | Am 28.3.2002; 6.6.2003; 2006 (552), Sch 2 [11]. |
Cl 33 | Am 6.6.2003. |
Cll 34, 35 | Am 28.3.2002; 6.6.2003. |
Cl 37 | Am 6.6.2003. |
Cl 40 | Am 28.3.2002; 6.6.2003. |
Cl 40A | Ins 12.10.2001. |
Cl 41 | Rep 28.3.2002. |
Cll 42–45 | Am 28.3.2002; 6.6.2003. |
Cl 46 | Am 6.6.2003. |
Cll 48, 49 | Am 28.3.2002; 6.6.2003. |
Part 11 | Subst 24.12.1999. |
Cl 50 | Subst 24.12.1999. Am 1.2.2002. Rep 28.3.2002. |
Cl 51 | Subst 24.12.1999; 28.3.2002. Am 2022 (72), Sch 1.43[1]. |
Cll 52–55 | Subst 24.12.1999. |
Part 12 | Subst 2007 (332), Sch 1 [3]. |
Cl 56 | Am 6.6.2003. Subst 2007 (332), Sch 1 [3]. Am 2008 (571), Sch 3.149 [1]–[5]. |
Cl 57 | Am 28.3.2002; 2006 (552), Sch 2 [12]. Subst 2007 (332), Sch 1 [3]. |
Cl 58 | Rep 2007 (332), Sch 1 [3]. |
Cl 59 | Rep 28.3.2002. |
Cll 60, 61 | Rep 2007 (332), Sch 1 [3]. |
Cl 62 | Subst 24.12.1999. Rep 2007 (332), Sch 1 [3]. |
Cl 62A | Ins 24.12.1999. Rep 2007 (332), Sch 1 [3]. |
Cl 63 | Rep 2007 (332), Sch 1 [3]. |
Cl 66 | Am 6.6.2003. |
Cl 68A | Ins 23.8.2002. Rep 2008 (571), Sch 3.149 [6]. |
Cl 73 | Am 1.2.2002; 2006 (552), Sch 2 [13]. |
Cl 74 | Am 2008 (571), Sch 3.149 [7]. |
Cl 75 | Rep 28.3.2002. |
Cl 76 | Subst 6.6.2003. |
Cl 77 | Subst 6.6.2003. Am 2022 (72), Sch 1.43[2]. |
Cl 78 | Subst 6.6.2003. |
Cl 79 | Subst 6.6.2003. |
Cl 81 | Subst 24.12.1999. Rep 2021 (716), Sch 1.20[1]. |
Cl 81A | Ins 6.12.2002. Am 2006 (552), Sch 2 [14] [15]. |
Cl 81B | Ins 2019 (659), Sch 1.22. |
Cll 81C, 81D | Ins 2019 (659), Sch 2.22. |
Cl 81E | Ins 2020 (724), Sch 3. |
Cl 82 | Subst 8.6.2001. |
Cl 82, table | Am 7.5.1999. Rep 8.6.2001. |
Cl 83 | Ins 8.6.2001. Am 2011 (583), Sch 1 [1]. |
Sch 1 | Am 24.12.1998; 22.1.1999; 7.5.1999; 24.9.1999; 10.12.1999; 24.12.1999; 23.6.2000; 16.3.2001; 12.4.2001; 27.7.2001; 12.10.2001; 1.2.2002; 28.3.2002; 23.8.2002; 22.11.2002; 6.6.2003; 5.9.2003; 12.9.2003; 2005 (257), cl 4; 2005 (435), Sch 1 [2]; 2006 (552), Sch 2 [16]–[19]; 2007 (332), Sch 1 [4] [5]; 2007 No 82, Sch 2.14; 2008 (122), cl 4; 2011 (583), Sch 1 [2]; 2021 (175), Sch 2.10; 2021 (716), Sch 1.20[2]; 2022 (72), Sch 1.43[3]. |
Sch 3 | Am 1.2.2002. |
Sch 4 | Subst 2007 (332), Sch 1 [6]. |
Sch 5 | Ins 8.6.2001. |
Sch 6 | Ins 8.6.2001. Am 27.7.2001; 12.10.2001; 22.11.2002; 2006 (552), Sch 2 [20]; 2011 (583), Sch 1 [3]–[5]. |
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