Severn Local Environmental Plan 2002 (NSW)
This plan is called Severn Local Environmental Plan 2002.
The aims of this plan are:
(a) to encourage the proper management, development and conservation of natural and human resources within the local government area of Severn by protecting, enhancing or conserving:
(i) land of significance to agricultural production, and
(ii) timber, minerals, soil, water and other natural resources, and
(iii) areas of significance for nature conservation, and
(iv) areas of high scenic or recreational value, and
(v) landscapes, places and buildings of archaeological or heritage significance, including aboriginal relics and places, and
(vi) communities and settlements, and
(b) to replace the existing planning controls with a local environmental plan that helps to facilitate growth and development consistent with the aims specified in paragraph (a) and that:
(i) minimises the cost to the community of fragmented and isolated development of rural land, and
(ii) facilitates the efficient and effective delivery of amenities and services, and
(iii) facilitates stimulation of demand for a range of residential, enterprise and employment opportunities and promotes agricultural diversity, and
(iv) facilitates farm adjustments, and
(v) maximises the efficient use of existing infrastructure investment, commensurate with public safety, particularly of roads of high standard.
This plan applies to all land within the local government area of Severn as shown on the map, with the boundaries as indicated on the map.
Severn Local Environmental Plan 1991 is repealed.
This plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10):
Severn local government area
This plan amends State Environmental Planning Policy No 15—Rural Land Sharing Communities by inserting the following word in alphabetical order in Schedule 1 (Land to which this policy applies):
Severn
In this plan, terms defined in Schedule 1 have the meanings given to them in that Schedule.
A reference in this plan to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose.
Development of minimal environmental impact listed in Part 2 of Schedule 2 is
Development listed in Part 4 of Schedule 2 is
(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.
Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Schedule 2.
A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Part 7 of Schedule 2.
The Council shall be the consent authority for the purposes of this plan, subject to the Act.
For the purposes of this plan, land is within one of the following zones if the land is shown on the map as described below in relation to the zone:
• Zone No 1 (a) (the General Rural Zone)—edged heavy black and lettered “1 (a)”.
• Zone No 1 (f) (the Rural (Forestry) Zone)—edged heavy black and lettered “1 (f)”.
• Zone No 2 (v) (the Village Zone)—edged heavy black and lettered “2 (v)”.
• Zone No 8 (a) (the Existing National Park and Nature Reserves Zone)—edged heavy black and lettered “8 (a)”.
A person shall not carry out development on land that is not within one of those zones without development consent.
Such a consent may be granted only for development that may be carried out either with or without consent on land adjoining that land.
The objectives of a zone are set out in the Table to this clause in the matter relating to the zone.
Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the development (if any) that:
(a) may be carried out without development consent, or
(b) may be carried out only with development consent, or
(c) is prohibited,
is specified under the headings “What is allowed without development consent?”, “What is allowed only with development consent?” and “What is prohibited?”, respectively, appearing in the matter relating to the zone.
Consent must not be granted to the carrying out of development on land to which this plan applies unless the consent authority is of the opinion that the carrying out of the development is substantially consistent with:
(a) the aims and objectives of this plan, and
(b) the objectives of the zone within which the development is proposed to be carried out, and
(c) if the land is within Zone No 2 (v), any relevant community objectives set out in Schedule 3.
For the purpose of determining whether development is substantially consistent with the aims and objectives of this plan and the objectives of a zone, all of those aims and objectives shall be considered.
The objective of this zone is to promote the proper management and utilisation of agricultural and natural resources by:
(a) protecting, enhancing and conserving:
(i) agricultural land within the area of Severn generally, in a manner which sustains its efficient and effective agricultural production potential, and
(ii) soil stability by controlling and locating development in accordance with soil capability, and
(iii) forests of existing and potential commercial value for timber production, and
(iv) commercially viable deposits of minerals, including coal and extractive materials, by controlling the location of other development in order to ensure the efficient extraction of those deposits, and
(v) trees and other vegetation within each area identified on the map as an “environmentally sensitive area”, where the conservation of the vegetation is significant to scenic amenity or natural wildlife or is likely to control land degradation or enhance water quality, and
(vi) water resources and fisheries habitat for use in the public interest, and
(vii) areas of significance for nature conservation, including areas with rare plants, wetlands and significant habitat within each area identified on the map as an “environmentally sensitive area”, and
(viii) places and buildings of archaeological or heritage significance, including Aboriginal relics and places, and
(b) preventing, except in close proximity to village or urban areas, the development of prime crop and pasture land for purposes other than agriculture or horticulture, except where these will not be in substantial conflict with agriculture or horticulture or are otherwise justifiable, and
(c) facilitating farm adjustments, and
(d) minimising the cost to the community of:
(i) fragmented and isolated development of rural land for living purposes, and
(ii) providing, extending and maintaining public amenities and services, in particular, roads, and
(e) providing land for future urban development, for future rural residential development, for hobby farm development, for new agricultural enterprises and for development for other non-agricultural purposes, in accordance with the need for that development to sustain the economic and social viability of the area of Severn.
Development for the purpose of:
• agriculture (other than ancillary dwellings); forestry (other than ancillary dwellings or pine plantations); public utility activities as identified in Schedule 8.
Exempt development.
Any development not included in item 2.
Nil.
The objective of this zone is to provide for forestry uses and other compatible uses in State forests.
Development for the purpose of:
• agriculture (other than use of intensive livestock keeping establishments or lot feeding of livestock); forestry; public utility activities as identified in Schedule 8.
Development authorised by or under the Forestry Act 1916 and any development incidental or ancillary to any such development.
Exempt development.
Development for the purpose of:
• extractive industries; plant nurseries; recreation areas; roads (other than roads authorised by or under the Forestry Act 1916); rural industries; telecommunications facilities; tourist facilities; utility installations.
Any development not included in item 2 or 3.
The objectives of this zone are:
(a) to promote development in existing towns and villages in a manner which:
(i) is compatible with their function, and
(ii) is in accordance with the relevant community objectives outlined in Schedule 3, and
(iii) supports the economic, social and cultural development of the town or village concerned, and
(b) to provide for the establishment of a full range of services and facilities associated with a town or village.
Development for the purpose of:
• public utility activities as identified in Schedule 8.
Exempt development.
Any development not included in item 2.
Nil.
The objectives of this zone are:
(a) to identify land that is reserved or dedicated under the National Parks and Wildlife Act 1974, and
(b) to facilitate the management and appropriate use of that land in accordance with the provisions of that Act.
Development for any purpose authorised by or under the National Parks and Wildlife Act 1974.
Nil.
Any development not included in item 2.
Consent must not be granted to any development unless the consent authority is of the opinion that the carrying out of the development is generally consistent with, or at least will not compromise, the principles and objectives of the Water Management Act 2000, the Native Vegetation Conservation Act 1997 and the Catchment Management Act 1989.
This clause applies to land within 50 metres of a boundary of Zone No 2 (v).
Subject to subclause (3), development may, with development consent, be carried out on land to which this clause applies if the development may be carried out (with or without consent) in the adjoining zone on the other side of the boundary, whether that zone is created by this or any other local environmental plan.
Consent must not be granted to the carrying out of development referred to in subclause (2) unless, in the opinion of the consent authority, the carrying out of the development is desirable due to planning, design, ownership, servicing or similar factors relating to the optimum development of land to which this plan applies.
Consent may be granted for development of land within 100 metres of a boundary of environmentally sensitive land that does not comply with a requirement imposed only because that land is environmentally sensitive if, in the opinion of the consent authority, the proposed development would not prejudice the protection of the environment.
For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or similar instrument which purports to impose restrictions on the carrying out of development for certain purposes on land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.
This clause does not apply to any agreement, covenant or similar instrument to the extent to which:
(a) it imposes or confers rights on the Council or any other public authority, or
(b) it benefits land held by the Council or any other public authority.
Pursuant to section 28 of the Act, before the making of this plan the Governor approved of subclauses (1) and (2).
Consent must not be granted to development on land which has frontage to an arterial road unless:
(a) access to the land is provided by a road other than the arterial road wherever practicable, and
(b) in the opinion of the consent authority, the safety and efficiency of the arterial road will not be adversely affected by:
(i) the design of the access to the proposed development, or
(ii) the emission of smoke or dust from the proposed development, or
(iii) the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development.
Consent must not be granted to development listed in Schedule 4 of land within Zone No 1 (a) if the development site will require direct access to:
(a) an arterial road, or
(b) a road connecting to an arterial road, and the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road, or
(c) where the development site has frontage to an arterial road—frontage to that road is less than 400 metres.
A person, other than the Council, shall not construct a road which has access to a public road except with development consent.
Consent must not be granted to development involving the erection or carrying out of a building or flood-affecting work on flood-liable land unless the consent authority is satisfied that the development:
(a) will not place the safety of the community at risk, or
(b) impede the flow of water in its locality, or
(c) increase the effect of flooding in its locality, or
(d) raise the level of the water table in the locality.
In this clause:
(a) is of such a size or configuration that, regardless of the purpose for which it is to be constructed or used, may have a significant effect on the flow of water to or from a river or lake, or on the distribution or flow of flood water in times of flood, or
(b) is likely to result in unreasonable demands being placed on the Council and emergency services during times of flood.
Consent must not be granted to the subdivision of land or to the erection of a building on land which is subject to bush fire hazards by reason of the vegetation on the land or on any adjacent land unless, in the opinion of the consent authority:
(a) adequate provision is made for access for fire fighting vehicles, and
(b) adequate safeguards are adopted in the form of fire breaks, reserves and fire radiation zones and the like, and
(c) adequate water supplies are available for fire fighting purposes, and
(d) an adequate alternative access is constructed and measures will be taken to ensure it is kept clear.
Consent must not be granted to any development within a water supply catchment used for potable purposes, as shown on the map, unless the consent authority is satisfied that no pollution of the water supply shall occur.
Consent must not be granted to:
(a) any subdivision of land for the purpose of a dwelling, or
(b) the erection of a dwelling on any land,
unless the consent authority is satisfied that there is available to the land, or that satisfactory arrangements have been made for provision to the land of, an adequate supply of water and adequate facilities for drainage and sewage disposal.
Consent must not be granted to the erection of a building (other than a dwelling) on any land unless the consent authority:
(a) has assessed the need for the provision of a supply of water and facilities for sewage and drainage disposal, and
(b) is satisfied, on the basis of that assessment, that there is available to the land, or that satisfactory arrangements have been made for provision to the land of, an adequate supply of water and adequate facilities for drainage and sewage disposal.
A person shall not, on land within 500 metres of the perimeter of an aerodrome:
(a) erect a building of a height that exceeds the limitation specified by the Council, or
(b) carry out development for the purpose of:
(i) a dam or reservoir, or
(ii) the handling or storage of grain or growing of a grain crop, or
(iii) the disposal of refuse, or
(iv) a sewage treatment plant or effluent ponds (or both), or
(v) an abattoir, or
(vi) a stock yard complex,
except with development consent.
An application made for development consent to carry out any development described in subclause (1) shall be referred to the relevant Commonwealth aviation authority for comment where a building exceeds the height specified in relation to the Obstacle Limitation Surface (such surface being calculated by the Council from information provided by that aviation authority).
In considering whether to grant consent to any development described in subclause (1), the consent authority shall take into account any comment furnished to the consent authority by the relevant Commonwealth aviation authority within 28 days (or such longer period as may be agreed upon between them from time to time before the expiration of the 28 day or any extended period) after referral of the application.
A person shall not, without development consent, erect a building in an area for which an Australian Noise Exposure Forecast has been prepared that is available from the Council.
Consent must not be granted to the erection of a building in such an area unless the consent authority is satisfied that measures which are adequate for the insulation of the building from aircraft noise can and will be taken in accordance with the relevant Australian Standards.
This clause applies to significant development carried out on land that is within or adjacent to land in Zone No 1 (f) or 8 (a), where
(a) in the opinion of the consent authority, in the case of development to which a development application relates, or
(b) in the opinion of the Forestry Commission, in the case of development to be carried out by or on behalf of State Forests, or
(c) in the opinion of the Director-General of National Parks and Wildlife, in the case of development to be carried out by or on behalf of the National Parks and Wildlife Service,
is or may have significant implications for owners of land adjoining the land on which it is to be carried out or (in so far as it may have impact on roads or other public infrastructure) for the Council.
The consent authority (where it is not the Council) must not grant consent to the carrying out of significant development on land within Zone No 1 (f) or 8 (a) unless:
(a) it has referred details of the proposed development to the Council, and
(b) it has had regard to any response notified to it by the Council within 28 days of its referral of those details.
(Repealed)
Neither State Forests nor the National Parks and Wildlife Service may carry out significant development on land within Zone No 1 (f) or 8 (a) unless:
(a) it has referred details of the proposed development to the Council, and
(b) it has had regard to any response notified to it by the Council within 28 days of its referral of those details.
(Repealed)
In assessing whether proposed development is substantially consistent with:
(a) the aims and objectives of this plan, and
(b) the objectives of the zone within which the development is proposed to be carried out, and
(c) if the land is within Zone No 2 (v), any relevant community objectives set out in Schedule 3,
the consent authority must take into consideration any guidelines for that kind of development that have been established by it in consultation with relevant public authorities or that have been provided to it by relevant public authorities.
Notwithstanding any other provision of this plan, development that is declared to be designated development may not be carried out without development consent.
A person may subdivide land to which this plan applies but only with development consent.
Consent must not be granted to the subdivision of land unless:
(a) the consent authority is satisfied that the primary purpose for which each allotment to be created by the subdivision will be used is substantially consistent with the objectives of the zone within which the land is situated, and
(b) in respect of any proposed allotment which the consent authority is satisfied will be used primarily for the purpose of a dwelling-house, the consent authority is also satisfied as to the general locations on the land at which a dwelling-house can be erected, taking into account the environmental attributes of the land.
Consent must not be granted to the subdivision of land on which one or more additional dwelling-houses are erected, so as to create a separate allotment for an existing dwelling-house (or houses) except in accordance with the provisions of this plan relating to the creation of allotments for dwelling-houses.
This clause applies to land within Zone No 1 (a).
Consent may be granted to the subdivision of land so as to create an allotment of any area if the consent authority is satisfied that the allotment is to be used for the purpose of agriculture only.
Subject to clause 27 (which relates to farm adjustments):
(a) the consent authority must not grant consent to the subdivision of land so as to create an allotment with an existing dwelling and an area of less than 200 hectares, and
(b) the consent authority must not grant consent to the subdivision of land so as to create an allotment with an existing dwelling and an area of 200 hectares or more, but less than 800 hectares, unless:
(i), (ii) (Repealed)
(iii) it has considered a farm management plan for the allotment, and
(iv) it is satisfied that the use of the allotment for the purposes of agriculture is economically viable.
This clause applies to land within Zone No 1 (a).
The general objectives of this clause are:
(a) to provide for a wide variety of closer settlement forms in locations where:
(i) there is good all-weather road access on sealed roads to towns or villages within the area of Severn or adjacent local government areas and access is gained by means other than directly from an arterial road unless it is a regional road, and
(ii) suitable areas are available for the erection of a dwelling, such areas:
(A) not being within an area identified on the map as being environmentally sensitive, and
(B) providing good protection against bushfire risk, and
(C) having safe road access, taking into account the nature of the road and current and likely future levels of traffic, and
(D) leaving a buffer of at least 1 kilometre between a potential dwelling site and any potentially offensive or hazardous industry (including any extractive industry, mine or feedlot) together with an adequate buffer from the lot boundaries, given the range of adjacent present uses or permissible uses within the zone, and
(iii) the development would not substantially reduce the opportunities for broad-scale grazing and agriculture within the area of Severn, and
(iv) the land is not subject to significant environmental hazards, such as flooding, bush fire hazard, land slip, subsidence, salinity, rising water table, soil erosion, scalding or any other environmental risk, so as to render it unsuitable for its intended purpose, and
(v) closer settlement will not make demands on existing water resources that could have a significant adverse effect on the sustainability of those resources, or on the interests of other water users or of the environment to the extent to which they are reliant on those resources.
This subclause applies to land proposed to be developed for the purpose of a hobby farm.
The object of this subclause is to promote development of land identified as suitable for hobby farms.
Consent may be granted to the subdivision of land to which this clause applies and the erection of a dwelling-house on each allotment created, if each allotment:
(a) has an area of 40 hectares or greater, and
(b) has direct access to a sealed road identified on the map by means of a heavy black line, and
(c) is suitable for use for genuine rural purposes such as grazing or agriculture,
but not if any allotment is within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture and deposited in the office of the Council, and copies of which are deposited in an office of the Department of Agriculture, as Class 1 or Class 2.
This subclause applies to land proposed to be used for rural residential development.
The object of this subclause is to promote development of land identified as suitable for:
(a) rural residential development, in appropriate locations, having regard to accessibility and availability of services from nearby villages and the town of Glen Innes, and
(b) providing a basic range of services and facilities associated with a village, and
(c) a range of industrial or commercial purposes which are compatible with the environmental capabilities of the land and which are unlikely to adversely affect other land or development in the vicinity.
Consent may be granted to the subdivision of land to which this clause applies and the erection of a dwelling-house on each allotment created if each allotment has an area greater than 1 hectare but less than 10 hectares and the Council is satisfied that the land is to be used primarily for residential purposes, or for residential purposes in conjunction with the object of this subclause.
Consent must not be granted to the subdivision of land as provided by this subclause unless the consent authority is satisfied that:
(a) the land is contiguous with an existing village zone or with rural residential development for which consent has been granted in accordance with this clause, and
(b) the land capability is adequate in relation to the density of the allotments proposed to be created and the range and mixture of allotment sizes is desirable, and
(c) the design of each allotment to be created by the subdivision is satisfactory for the economic provision of services and the physical suitability for on-site disposal of wastes, and
(d) the ratio of depth to frontage of each allotment created by the subdivision is satisfactory to the consent authority, having regard to the purpose for which the allotment is intended to be used.
This subclause applies to land proposed to be developed under community title.
The object of this subclause is to promote the development of land suitable for groups living under the Community Land Development Act 1989 in a manner consistent, but for the form of title, with development permissible under State Environmental Planning Policy No 15—Rural Landsharing Communities.
Notwithstanding any other provision of this plan, consent may be granted to development of land under community title if:
(a) the development is consistent in all respects with development permissible under State Environmental Planning Policy No 15—Rural Landsharing Communities, with the exception of those matters within that policy prohibiting the granting of separate title over portions of the land concerned, and
(b) the uses proposed for the land are otherwise permissible within the zone and are consistent with the objectives of the zone, and
(c) the land has direct access to a sealed road identified on the map by means of a heavy black line.
Consent may be granted for no more than a total number of 20 allotments pursuant to subclauses (3), (4) and (5) in any one calendar year.
This subclause applies to land proposed to be developed for rural landsharing communities under State Environmental Planning Policy No 15—Rural Landsharing Communities or the Community Land Management Act 1989.
The object of this subclause is to prevent the development of rural landsharing communities and community title developments in areas of inadequate road access to towns and villages.
Consent must not be granted to the development of land as provided by State Environmental Planning Policy No 15—Rural Landsharing Communities or the Community Land Management Act 1989 unless the land has direct access to a sealed road identified on the map by means of a heavy black line.
Consent may be granted to a subdivision of land within Zone No 1 (a) to create an allotment to be used primarily for purposes other than agriculture or a dwelling, if the consent authority is satisfied that:
(a) the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created, and
(b) the purpose for which the allotment is to be used involves the provision of facilities, including tourist facilities, for horticulture, or the supply of goods or services for which there is a demand in the locality, and
(c) in the case of an allotment to be used for the provision of facilities or the supply of goods or services, the level of demand for the facilities, goods or services which are to be supplied from the allotment, and the extent to which that allotment is proposed to be used to meet that demand, justify the creation of the allotment notwithstanding its agricultural value, in particular, taking into account whether the land is prime crop and pasture land, and
(d) where the purpose of the subdivision is for horticulture, that such use is substantially commenced, and is of sufficient scale to demonstrate commercial intent. (Commercial intent is considered to be demonstrated where the nature of the horticultural production satisfies the test for “primary producer” status under the Commonwealth Income Tax Assessment Act 1936.)
The purpose of this clause is:
(a) to facilitate subdivision for the adjustment of boundaries, (other than adjustments provided for as exempt or complying development) between allotments in the rural parts of the area of Severn for the purpose of facilitating agricultural production, and
(b) to facilitate farm transfer by permitting the retention of a dwelling on a small residual lot.
Notwithstanding any other provision of this plan, consent may be granted to a subdivision of land within Zone No 1 (a) for the purpose of farm adjustment if the consent authority is satisfied that:
(a) in the case of an allotment containing a dwelling, the dwelling has a minimum buffer of 300 metres to the boundary of adjoining allotments, and
(b) no additional number of allotments or dwellings is created, and
(c) allotments are consolidated under the minimum number of land titles required to give effect to the adjustment.
In considering applications made pursuant to this clause, the consent authority shall have regard to:
(a) the degree to which the changes proposed are likely to enhance or maintain the agricultural viability of land affected by the proposal, and in the locality generally, and
(b) the appropriateness of the shape and size of the residual allotment and, where such allotment contains an existing dwelling, access to the dwelling and the location of that dwelling with respect to the proposed lot boundaries.
Consent must not be granted to a subdivision of land within Zone No 2 (v) to create an allotment that the consent authority is satisfied is to be used for the purpose of a dwelling-house unless:
(a) the allotment has an area of 500 square metres or more and has access to a sewerage scheme, or
(b) for allotments with on-site disposal of waste, each separate allotment of land to be created by the subdivision is not less than 1,000 square metres or such greater area as the consent authority may consider necessary for adequate on-site disposal of waste.
Consent must not be granted to the erection of a dwelling-house on vacant land within Zone No 1 (a) unless:
(a) the land has an area of 800 hectares or more and has adequately constructed road access, or
(b) the land has an area of 200 hectares or more but less than 800 hectares, has adequately constructed road access and the consent authority, before granting consent to the erection of a dwelling-house:
(i), (ii) (Repealed)
(iii) has considered a farm management plan for the allotment, and
(iv) is satisfied that the use of the allotment for the purposes of agriculture is economically viable, or
(c) the land has an area of less than 200 hectares and comprises:
(i) an existing holding, or
(ii) an allotment created under this plan primarily for a purpose other than agriculture, where the dwelling will be ancillary to the main use for which the allotment was created, or
(iii) an allotment created in accordance with a consent granted before 31 October 1975, being an allotment on which a dwelling-house could have been erected immediately before 31 October 1975, or
(iv) an allotment created in accordance with clause 25, or
(v) an existing allotment that meets the requirements for an allotment to be created in accordance with clause 25, or
(vi) an allotment created under Interim Development Order No 1, Shire of Severn on which, at the time of approval of the creation of the allotment, a dwelling was permissible with the consent of the Council, or
(vii) an allotment created under Severn Local Environmental Plan 1991 on which, at the time of approval of the creation of the allotment, a dwelling was permissible with the consent of the Council.
Consent must not be granted to the erection of a dwelling-house on vacant land within Zone No 1 (a) unless the consent authority is satisfied that:
(a) adequate arrangements have been made for the provision of vehicular access to the site of the proposed dwelling-house, and
(b) adequate utility services will be available to the land, and
(c) the dwelling-house has a buffer of 300 metres to the boundary of an adjoining allotment, and
(d) where the allotment has been developed for the purpose of horticulture, that such use is of commercial scale, such as to satisfy the criteria for a primary producer under the Commonwealth Income Tax Assessment Act 1936.
Consent must not be granted to the erection of a dwelling-house on land within Zone No 1 (a) unless the consent authority is satisfied that:
(a) the scale, height and location of the dwelling-house, and
(b) the colour, type and reflectivity of materials to be used,
will preserve or enhance the scenic quality of the land and the locality.
In this clause,
Unless permissible under other provisions of this plan, the Council shall not consent to dwellings under clause 29 (1) (c) (vi) after 31 October 2008.
A dwelling-house may, with development consent, be erected on an allotment of land to which this plan applies on which another dwelling-house is erected if the new dwelling-house is intended to wholly replace the existing dwelling-house.
Consent may be granted to the erection of one additional dwelling-house for each 200 hectares of land, on an allotment of land within Zone No 1 (a), if the consent authority is satisfied that:
(a) the holding has an area of not less that 200 hectares, and
(b) each such additional dwelling-house will be actually occupied by a person who:
(i) is a relative of the owner, or
(ii) is employed or engaged by the owner of the land in the use, for the purpose of agriculture, of land which belongs to the owner, and
(c) where the occupant is not a relative of the owner, that the needs of existing agriculture genuinely require that rural workers reside on the land, and
(d) the additional dwelling-house or dwelling-houses are located so that they will not impair the suitability of the land for agriculture, and
(e) any other rural workers’ dwellings on the holding are being used by persons substantially engaged in agricultural employment on that land, and
(f) no additional access to a public road will be required from the holding, and
(g) the dwelling-house is located on an existing allotment, already containing a dwelling, such that separate ownership of the proposed dwelling-house could only be achieved by a subdivision of the land.
This clause applies to land within Zone No 1 (a) or 2 (v).
Where, in accordance with this plan, development for the purposes of a dwelling-house may be carried out on an allotment of land, a person may, with development consent:
(a) alter or add to a dwelling-house erected on the allotment so as to create 2 dwelling-houses, or
(b) within Zone No 2 (v) only, erect an additional detached dwelling-house on the allotment.
Consent must not be granted as provided by subclause (2) unless the area of the allotment is not less than:
(a) 500 square metres, in the case of a dwelling connected to a sewer, or
(b) 1,000 square metres, in the case of a dwelling requiring on-site disposal of effluent,
or such larger area as the consent authority may require should site conditions so require.
The Council may, by resolution, fix a line (in this clause called a
The Council may, by resolution, alter or abolish any building line, where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.
A building line shall, when fixed or altered in accordance with this clause, be marked upon a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the Council.
A building shall not be erected between a building line and the street, river, creek, lake, or lagoon in respect of which the line is fixed.
Notwithstanding any other provision of this plan, consent may be granted to the erection of a building closer to the boundary of an allotment than otherwise required by this plan if the consent authority is satisfied that the erection of the building in accordance with the consent will not adversely affect the residential amenity of the adjoining allotment or the lawful use of the adjoining allotment for agricultural, horticultural or animal breeding purposes.
The aims and objectives of this Part are:
(a) to conserve the environmental heritage (including the natural heritage, built heritage and Aboriginal heritage) of the local government area of Severn, and
(b) to integrate heritage conservation into the planning and development control processes, and
(c) to provide for public involvement in the matters relating to the conservation of the area’s environmental heritage, and
(d) to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of heritage items and their settings, as well as streetscapes and landscapes and the distinctive character that they impart to the land to which this plan applies.
The following development may be carried out only with development consent:
(a) demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or
(b) altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or
(c) altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or
(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or
(e) erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.
Development consent is not required by this clause:
(a) if the Council is of the opinion that the proposed development would not affect the heritage significance of the heritage item or heritage conservation area, and
(b) the proposed development complies with the Building Code of Australia.
When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.
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 provisions of the Act relating to advertised development apply to an application for consent to development which involves:
(a) the demolishing, defacing or damaging of a heritage item or of a building, work, relic, tree or place within a heritage conservation area, except where the proposed development:
(i) only involves the partial demolition of a heritage item or of a building or work within a heritage conservation area and such partial demolition, in the opinion of the Council, is of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the area of Severn, and
(ii) does not relate to a heritage item that is listed on the State Heritage Register, is the subject of an interim heritage order under the Heritage Act 1977 or is listed in Schedule 6 as being of national or State significance, or
(b) a new use of a building that is a heritage item or of the land on which a heritage item is situated.
(Repealed)
Consent may be granted to the carrying out of development on land having actual or potential Aboriginal cultural heritage significance (such as land having evidence of an Aboriginal place or relic within the meaning of the National Parks and Wildlife Act 1974) only if the consent authority:
(a) has followed the guidelines for the time being notified to it by the Director-General of National Parks and Wildlife with respect to the assessment of such development, and
(b) has had consultations with the local Aboriginal community in relation to the proposed development, and
(c) has taken into consideration such information concerning Aboriginal sites (being information held on the Aboriginal site register kept by the Director-General of National Parks and Wildlife) as is relevant to the proposed development, and
(d) (Repealed)
(e) is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
Consent may be granted to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if the consent authority:
(a) has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b) (Repealed)
(c) is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
Consent may be granted to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which any such building is erected, even though the use would otherwise be prohibited by this plan, if the consent authority is satisfied that:
(a) the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and
(b) the conservation of the building depends on the granting of the consent.
The objectives of controls for areas of environmental sensitivity are:
(a) to ensure that land containing or likely to contain rare or threatened species, populations, ecological communities or their habitats is protected against inappropriate clearing and development, and
(b) to protect and enhance land that serves as a wildlife corridor, and
(c) to protect areas or features of particular habitat significance, and
(d) to preserve the diversity of habitats for flora and fauna, and
(e) to protect seepage swamps, lagoons, other wetland areas and waterways from erosion, and
(f) to protect, enhance and conserve Aboriginal and non-Aboriginal cultural heritage.
A person must not drain, excavate or fill land within an area identified on the map as being an area of environmental sensitivity except with development consent.
Consent must not be granted to the carrying out of development on land identified on the map as being an area of environmental sensitivity unless the consent authority has taken into consideration:
(a) the likely effects of the development on the flora and fauna found in the locality, and
(b) the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing, and
(c) a plan of management showing how any significant adverse effects arising or likely to arise from the development are to be mitigated, and
(d) the likely effects of the development on stream water quality, groundwater systems, soil erosion, salinisation and soil acidification, and
(e) the likely effects of the development on Aboriginal and non-Aboriginal cultural heritage, and
(f) the effect on any wetlands or forest areas of any proposed draining, excavating or filling.
The Council, for the purpose of enhancing the protection of the environment, securing amenity or preserving existing amenity, may, by resolution, make a tree preservation order, and may, by resolution, rescind or vary any such order.
A tree preservation order, and any rescission or variation of such an order, takes effect when it is first published in a newspaper that circulates throughout the area of Severn. The Council must ensure that a copy of a tree preservation order, as in force for the time being, is available for public inspection at the office of the Council during ordinary office hours.
A tree preservation order may allow the ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees specified in the order only with development consent.
A tree preservation order may relate to any specified tree or trees or to any specified class, type or description of trees on the whole or any specified part of the land within the local government area of Severn.
A tree or trees must not be cut down, topped, lopped, removed, injured or wilfully destroyed without any development consent required by a tree preservation order.
Consent is not required by a tree preservation order if the person establishes:
(a) that the action alleged to be taken was taken in accordance with a permit issued by the Council or was required or authorised to be taken by or under any Act, or
(b) that the tree or trees concerned had become dangerous, or
(c) that the action taken was reasonably necessary to protect human life, buildings or other property from imminent danger from a bush fire burning in the vicinity of the land on which the tree was situated, or
(d) that written notice about the proposed action was given to the Council, and the Council, before the action was taken, confirmed in writing:
(i) that the tree was in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and
(ii) that, if the Council has classified species of trees as being likely to present a significant fire hazard, the tree was of such a species, or
(e) that written notice about the proposed action was given to that Council, a period of not less than 14 days occurred after the notice was given (and before the action was taken) and the Council did not advise the person during that period that it opposed the action being taken.
In this subclause,
The powers conferred on the Council by this clause do not apply to trees in a State forest or on land reserved as a timber reserve within the meaning of the Forestry Act 1916.
This clause is subject to the Rural Fires Act 1997 and the Native Vegetation Conservation Act 1997.
Development specified in Schedule 5 is advertised development for the purposes of the Act.
Advertising structures may be erected on land within Zone No 1 (a) or 1 (f) and advertisements may be displayed on such structures only in accordance with this clause.
An advertising structure may be erected on land within Zone No 1 (a) or 1 (f) only with development consent and only if the consent authority is satisfied that it will display only notices related to the purpose for which the land is used.
However:
(a) the Council may erect, or cause to be erected, advertising structures and advertisements on land within Zone No 1 (a) or 1 (f) for the purpose of directing the travelling public to tourist areas, and
(b) consent may be granted for the display on advertising structures on any such land that is within 3 kilometres of a village within Zone No 2 (v) of private advertisements of tourist, scientific or historical facilities or scenic areas, but only if each advertisement is at least 500 metres from any other advertisement and, in the case of an advertisement for a business, refers to a business within that village or locality.
Consent must not be granted to development for the purpose of horticulture unless the consent authority is satisfied that:
(a) provision has been made for a buffer zone which is of adequate size to protect the amenity of adjoining land from the impacts of spraying, noise and the like, and
(b) the buffer zone is wholly contained within the land on which the development is proposed.
Despite any other provisions of this plan, development may be carried out, with development consent, for the purpose of temporary accommodation (such as a hostel, caravan park, rough camping area or construction camp) on land specified in Schedule 7, subject to any conditions specified in relation to the land in that Schedule.
Development referred to in subclause (1) may be carried out, with development consent, on other land to which this plan applies if the consent authority is satisfied that:
(a) the development, by virtue of its location, scale, site landscaping and treatment, and temporary nature, is unlikely to conflict significantly with the objectives of the zone applying to the land on which the development is proposed to be carried out, and
(b) appropriate arrangements will be made for water supply, sewage disposal, stormwater drainage and other utility services to that land and access and parking, and
(c) the development is unlikely to interfere with the amenity of any residential neighbourhood in the vicinity.
The consent authority may impose conditions on a consent granted pursuant to subclause (2) concerning the time at which the development is to cease, periods of tenure, the circumstances under which any extensions of time may be granted and the reinstatement of the land to its original state or another state determined by the Council.
(Clause 5 (1))
(a) make structural changes to the outside of the heritage item, building or work, or
(b) make non-structural changes to the detail, fabric finish or appearance of the outside of the heritage item, building or work, other than changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.
(a) body building, or
(b) panel beating which involves dismantling, or
(c) spray painting, other than of a touching-up character.
(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990, and
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
(a) the area of a lot, portion or parcel of land as it was as at 31 October 1975, or
(b) if, as at 30 June 1999, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the combined area of those lots, portions or parcels as they were as at 31 October 1975.
(a) the winning of extractive material, or
(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, and
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, and
(c) car-parking needed to meet any requirements of the Council and any internal access thereto, and
(d) space for the loading and unloading of goods.
(a) a podiatrist registered under the Podiatrists Act 1989, and
(b) a chiropractor registered under the Chiropractors Act 2001, and
(c) an osteopath registered under the Osteopaths Act 2001, and
(d) a physiotherapist registered under the Physiotherapists Act 2001, and
(e) an optometrist registered under the Optometrists Act 1930.
(a) the industry is undertaken by the permanent residents of the dwelling, and
(b) the industry does not:
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality, and
(iv) does not involve the employment of more than one person at a time other than those residents.
(a) the employment of more than one person at a time other than those residents, or
(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise.
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
(a) any manufacturing process within the meaning of the Shops and Industries Act 1962, or
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,
but (in the Table to clause 9) does not include an extractive industry or any other industry separately defined in this Schedule.
(a) feed lots, and
(b) piggeries, and
(c) poultry farms, and
(d) fish farms,
but does not include an animal boarding or training establishment or a place at which livestock are kept only for domestic consumption.
(a) a main or arterial road, or
(b) a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.
(a) three legally qualified medical practitioners, or
(b) three dentists within the meaning of the Dentists Act 1989, or
(c) three health care professionals,
for the practice of medicine, dentistry or health care respectively and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
(a) railway, road transport, water transport, air transport, wharf or river undertakings,
(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.
(a) a children’s playground, or
(b) an area used to provide facilities for recreational activities or sporting facilities, or
(c) a rough camping area, or
(d) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:
(i) the Council, or
(ii) another public authority, or
(iii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community.
(a) the sale by retail of goods, including spare parts and accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) installation of accessories,
(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration).
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Severn Local Environmental Plan 2002 (Amendment No 2)
(Clause 6)
Development is exempt development only if:
(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(b) it is of a type allowed by Part 2 of this Schedule to be carried out on the land on which it is proposed, and
(c) it is within the description of development of that type specified, and it complies with all relevant standards and other requirements (if any) set for that type, in Part 3 of this Schedule, and
(d) it does not contravene any condition of a development consent applying to land, and
(e) it does not obstruct drainage of the site on which it is carried out, and
(f) it does not restrict any vehicular or pedestrian access to or from the site, and
(g) it is carried out at least one metre from any easement or public sewer main and complies with the building over sewer requirements of the Council applying to land, and
(h) it does not require a tree to be removed, and
(i) it is carried out behind the building line, where it is carried out in heritage conservation area.
Development is not exempt development if it is carried out on land that:
(a) is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(b) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(c) is critical habitat within the meaning of the Threatened Species Conservation Act 1995, or
(d) is within a wilderness area within the meaning of the Wilderness Act 1987.
Erection of structures of the following kinds within the Village Zone only:
|
Adequately braced to withstand the appropriate wind loading
Shall not project beyond or above the wall to which it is attached
|
Complies with a building line provided in the Council’s adopted policy entitled Building Alignment
Windows in a habitable room that allow an outlook to a window to a habitable room in an adjoining dwelling and are within 9m:
Building Code of Australia Complies with the deemed-to-comply provisions of the Building Code of Australia | |
Use of a dwelling-house for bed and breakfast accommodation | Not to exceed 3 guest rooms
|
Erection of carports, garages and pergolas associated with a dwelling-house (not including exempt development) | Complies with a building line provided in the Council’s adopted policy entitled Building Alignment
|
|
|
Erection of dwelling-house in the Village Zone or within the General Rural Zone as rural residential development only | Complies with a building line provided in the Council’s adopted policy entitled Building Alignment
Windows in a habitable room that allow an outlook to a window to a habitable room in an adjoining dwelling and are within 9m:
Building Code of Australia Complies with the deemed-to-comply provisions of the Building Code of Australia The dwelling has at least a 3 star rating under the National House Energy Rating Scheme (NatHERS) |
| |
Erection of intensive livestock keeping establishments |
|
Erection of rural outbuildings ancillary to a dwelling (not including exempt development) | Complies with a building line provided in the Council’s adopted policy entitled Building Alignment The external wall of any structure is to be at least 900mm from any boundary |
Construction or installation of swimming pools associated with a dwelling-house | Is not located between the dwelling and the front boundary
The noise level of any filtration equipment or pumps does not exceed 5 dB(A) above the ambient background level measured at the property boundary Construction and installation must be undertaken in accordance with a specification prepared and certified by a practising structural engineer The pool and surrounding structures comply with AS 1926.2—1995, Swimming Pool Safety—Location of fencing for private swimming pools |
Erection or installation of the same |
|
Erection or installation of the same |
|
Erection or installation of the same |
|
Erection or installation of the same |
|
Erection or installation of the same |
|
Erection or installation of the same |
|
Erection or installation of the same |
|
Erection or installation of the same |
|
Carrying out of works to effect the same | Trench not more than 450mm wide Boring must be at least 600mm below any road surface and associated drainage infrastructure If the land is located in or adjacent to the Village Zone, not more than 100m of the excavation may be left open at any time The land in which the cable or duct is laid must be reinstated in accordance with a reinstatement plan agreed, prior to construction, with the owner or, if public land, the public land manager. The reinstatement plan must include (as appropriate):
|
All building work must be carried out in accordance with the deemed-to-comply provisions of the Building Code of Australia.
Prior to commencing work the applicant must appoint a Principal Certifying Authority to carry out the inspections required by these conditions and issue certificates of compliance.
The Principal Certifying Authority may be either an accredited certifier or Severn Shire Council.
Two days before any work commencing on-site the applicant must:
(a) forward notice to the Council of commencement of work and the appointment of the Principal Certifying Authority (if the Principal Certifying Authority is not the Council, the accredited certifier registration number must be included), and
(b) notify the adjoining owners that work will commence.
The following inspections are required to be carried out by a person authorised by the Principal Certifying Authority and a Compliance Certificate is to be issued in respect of each inspection. All Compliance Certificates and the Occupation Certificate, if required, are to be submitted to the Council prior to occupation:
(a) pier holes, pads or bulk piers before concrete is poured,
(b) trenches with reinforcement steel in position,
(c) concrete slabs with reinforcement steel in position,
(d) swimming pool reinforcement steel in position before concrete is poured,
(e) termite barrier—the type of barrier used is to be specified on the compliance certificate,
(f) framework before fixing of internal linings,
(g) wet area flashing before laying tiles (or other finish),
(h) pool fencing before filling the pool with water, and
(i) final inspection before the structure is occupied or used. (If a certificate of occupancy is issued, then a compliance certificate is not required.)
The following inspections are required to be carried out by the Council. Inspections may be arranged by contacting the Council’s Environmental Services Department. Where the Council is not the Principal Certifying Authority, an additional fee for each inspection will apply:
(a) sanitary drainage under hydrostatic test and prior to backfilling trenches or covering,
(b) hot and cold water plumbing under pressure test prior to covering,
(c) internal stackwork under hydrostatic test prior to covering, and
(d) the installation of the septic tank and any sullage trenches to backfilling or covering.
Work on the project to be limited to the following hours:
• Monday to Friday—7.00am to 5.00pm,
• Saturday—8.00am to 1.00pm if audible on residential premises, otherwise 7.00am to 5.00pm,
• No work to be carried out on Sunday or Public Holidays.
Any damage due to carrying out the development caused to kerb, guttering and/or footpath during building operations shall be rectified by the owner to the satisfaction of the Council.
The footpath and/or road reserve are not to be used for construction purposes or the placing of building materials without the prior agreement of the Council. Where necessary, arrangements may be made by contacting the Council’s Environmental Services Department.
Prior to the commencement of any such work the owner of the premises shall apply to the Council for an approval to carry out water supply work, sewer work, stormwater work and to connect such work to the Council’s services.
Prior to the commencement of any such work the owner of the premises shall apply to the Council to install a human waste treatment device and carry out the associated sewerage work.
A minimum of 22,500 litres of stored rainwater is required to be provided for domestic purposes.
All water storage shall have fitted an outlet permanently dedicated for fire fighting capable of being coupled to a 38mm BSP thread. Such outlet is to have reasonable access.
A temporary sanitary service shall be provided by the builder to the building site before building operations are commenced. In sewered areas, a temporary connection may be made to the Council’s sewer main.
Prior to the commencement of work the owner of the premises or the principal certifying authority shall advise the Council of the builder’s name, address, licence number, phone and fax numbers.
The Council is to be immediately informed in writing if:
(a) a contract is entered into for the work to be done by a different licensee (builder), or
(b) arrangements for doing the work are changed.
A sign-board of minimum area 600×450mm shall be erected in a conspicuous position at the front of the allotment (before work commences) indicating:
(a) the name of the owner, the builder (and builder’s licence number) and number of the allotment, or
(b) the name and permit number of the owner/builder.
The pool is to be enclosed by a minimum 1.2 metres high child-resistant barrier, fitted with a self-closing, self latching, outwardly opening gate, all constructed in accordance with the requirements of the Swimming Pools Act 1992 and Swimming Pools Regulation 1998. The barrier is to be erected prior to the placement of any water in the pool.
The occupier of the premises on which the pool is situated must ensure that there is, at all times, maintained in a prominent position in the immediate vicinity of the pool, a sign bearing a notice that contains the words “
All wastewater from the pool filtration system is to discharge to the Council’s sewer or into an absorption trench, such that:
(a) if discharging to the Council’s sewer, the pipework from the filter may be positioned over an existing overflow gully (or yard sink) and a 100mm air gap is to be provided between the filter pipe work and the rim of the overflow gully, or
(b) if discharging to an absorption trench, the location of the trench is to be determined after consultation with the Council’s Environmental Services Department.
All windows that open into the pool enclosure shall be fitted with approved security screens fixed by screws and having openings not greater than 100mm. The option of restricting the windows to a maximum opening of 100mm may only be used as an alternative if natural ventilation to the room concerned is maintained at 5% of the floor area of the room.
There is to be no nuisance caused to adjoining property owners by the operation of the filter pump.
All interconnecting services for water, sewage and stormwater are to be disconnected at the allotment boundary and, if necessary, such services shall be reconnected to the appropriate property service.
No nuisance by way of spray drift or noise is to be caused to adjoining properties.
Management of the horticultural activity is to comply with the more stringent of State agency or industry best practice guidelines, where existing.
Management of the intensive livestock keeping activity is to comply with the more stringent of State agency or industry best practice guidelines, where existing.
Adjoining landowners are to be consulted prior to the commencement of works.
Visual impact is to be minimised through the use of ducting to all cabling required to service the facility that is run on the surface of any structure, such ducting is to be colour matched to its background.
Minimal disturbance is to be caused to the environment during the construction period.
(Clause 9 (3) (c))
The community of Deepwater has the following specific objectives:
(a) to capitalise on its highway location to attract, hold and develop enterprise which can contribute to the employment base of the village and surrounding areas, and
(b) to provide additional land areas suitable for a range of enterprises consistent with objective (a).
The community of Emmaville has the following specific objectives:
(a) to utilise built and other heritage associated with mining activities to support the development of the village, and
(b) to provide opportunities for low-cost housing, and
(c) to maximise opportunities to attract additional residents to the community through the making available of additional living opportunities within close proximity of the town.
The community of Glencoe has the following specific objectives:
(a) to ensure that further residential and other development is of a type that makes a positive contribution to the streetscapes of the village, and is compatible with existing development, and
(b) to attract and develop services and facilities to meet the day to day, recreational and social needs of the community and surrounding areas.
The community of Red Range has the following specific objective:
• to develop a range of low-key recreation, accommodation and service facilities that meet the needs of tourists, in particular bicycle tourists, together with the needs of local residents.
The community of Torrington has the following specific objective:
• to enhance the tourist potential of the village by providing food and accommodation services.
(Clause 13 (2))
Development for the purpose of any one or more of the following:
• bulk stores,
• caravan parks,
• car repair stations,
• clubs,
• commercial premises,
• educational establishments,
• hospitals,
• hotels,
• industries (other than home or rural industries),
• institutions,
• junk yards,
• liquid fuel depots,
• mines,
• motels,
• places of public assembly,
• places of public worship,
• recreation establishments,
• recreation facilities,
• refreshment rooms,
• retail plant nurseries,
• roadside stalls,
• sawmills,
• service stations,
• shops,
• stock and sale yards,
• transport terminals,
• warehouses.
(Clause 43)
Development for the purpose of any one or more of the following:
(a) on land within Zone No 2 (v)—boarding-houses; dual occupancies; home industries; hospitals; hotels/motels; industries (other than rural industries); places of public worship; residential flat buildings, or
(b) on land within Zone No 1 (a)—industries (other than rural industries), or
(c) on any land—intensive livestock keeping establishments (other than complying development); junk yards; liquid fuel depots; sawmills; stock and sale yards.
(Schedule 1)
Item | Significance (Local, Regional, State or National) |
Deepwater Railway Station | Local |
Presbyterian Church, Wellingrove | Local |
Railway Bridge over Severn River at Dundee | Local |
Stonehenge Stone formations | Local |
The Ottery Arsenic Refinery, 8km north east of Emmaville on the Torrington Road | State |
Area | Significance (Local, Regional, State or National) |
Timbara Goldfields, Nine Mile Creek, Glen Elgin and Nelson’s Road | Local |
(Clause 46 (1))
Land identified as temporary accommodation area | Conditions |
Sportsground, Red Range | Maximum stay—30 days in 12 months maximum continuous stay—14 days |
(Clause 9, Table)
The carrying out by persons carrying on air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alterations, maintenance and repair of ways, buildings, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out or causing to be carried out by a council engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, except:
(a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance,
(b) the formation or alteration of any means of access to a road.
The carrying out of any forestry work by State Forests, a School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings, that is to say:
(a) development of any description at or below the surface of the ground,
(b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before 31 October 1975 of any plant or other structures or erections required in connection with the station or substation,
(c) the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,
(d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e) the erection of service reservoirs on land acquired or in process of being acquired for the purpose before 31 October 1975, provided reasonable notice of the proposed erection is given to the Council,
(f) any other development except:
(i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or
(ii) the formation or alteration of any means of access to a road.
The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
(a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b) the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c) the construction of new railways, railway stations and bridges over roads, and
(d) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
(e) the formation or alteration of any means of access to a road, and
(f) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.
The carrying out by persons carrying on road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
(b) the formation or alteration of any means of access to a road.
The carrying out by a Rural Land Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
(a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, or
(b) any development designed to change the use or purpose of any such reserve.
0
0
0