Singleton Local Environmental Plan 1996 (NSW)

Case
No judgment structure available for this case.

Proposed repeal—

This Plan is to be repealed on the commencement of Sch 1[2] of Singleton Local Environmental Plan 2013 (Amendment No 11) (2021-785) (to commence on 15.12.2023).

Part 1Preliminary1What is this plan called?

This plan is called Singleton Local Environmental Plan 1996.

2What are the aims and objectives of this plan?

For the purpose of achieving the objects of the Environmental Planning and Assessment Act 1979, the aims and objectives of this plan are as follows—

  • (aa)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

  • (a)

    to provide a framework for controlling and co-ordinating development within the Singleton local government area,

  • (b)

    to ensure the most appropriate and efficient use or management of land and natural resources,

  • (c)

    to co-ordinate economic development so that there is optimum and equitable economic and social benefit to the local community,

  • (d)

    to ensure that the environmental impact of development is adequately assessed, including the consideration of alternatives,

  • (e)

    to establish a pattern of broad development zones as a means of—

    • (i)

      separating incompatible uses,

    • (ii)

      minimising the cost and environmental impact of development,

    • (iii)

      maximising efficiency in the provision of utility, transport, retail and other services,

  • (f)

    to retain options for alternative land use strategies so that flexibility to allow economic, social and environmental change is unhindered,

  • (g)

    to encourage adoption of land management practices which are sustainable over long periods of time without degradation of natural environmental systems,

  • (h)

    to provide adequate protection and minimise risk for the community (as far as possible) from environmental hazards, including flooding, soil erosion, bushfires and pollution,

  • (i)

    to enable public involvement and participation in environmental planning and assessment,

  • (j)

    to progress development in an ordered and economic manner.

cl 2: Am 2020 (724), Sch 2[1].

3How are the aims and objectives implemented?

The aims and objectives are implemented in this plan by—

  • (a)

    identifying on the map a pattern of broad land use zones, and

  • (b)

    specifying the aims and objectives of each zone, and

  • (c)

    specifying the development which may be carried out, without consent or only with consent, on land within each zone, and

  • (d)

    specifying the development which is prohibited within each zone, and

  • (e)

    specifying development standards or other requirements relating to the protection of environmental quality, public safety or social well-being, and

  • (f)

    providing land for certain future public purposes, and

  • (g)

    suspending certain regulatory instruments where the operation of such instruments would prevent the carrying out of development in accordance with this plan, and

  • (h)

    consolidating heritage conservation provisions applying within the Singleton local government area by including in this plan provisions equivalent to those applying under Hunter Regional Environmental Plan 1989 (Heritage), and

  • (i)

    making certain consequential amendments to Hunter Regional Environmental Plan 1989 (Heritage).

4Where does this plan apply?

This plan applies to all land in the Singleton local government area.

5How does this plan affect other environmental planning instruments?(1)

This plan repeals the Singleton Planning Scheme Ordinance and any other local environmental plans and deemed environmental planning instruments which applied to the land to which this plan applies immediately before it commenced.

(2)

The plan amends the Hunter Regional Environmental Plan 1989 (Heritage)

  • (a)

    by omitting clause 3 and by inserting instead the following clause—

    3Land to which plan applies

    This plan applies to land within the following local government areas comprising part of the region, declared under section 4 (6) of the Act, that is known as the Hunter Region—

    • City of Cessnock,

    • City of Lake Macquarie,

    • Dungog,

    • Gloucester,

    • Great Lakes,

    • Merriwa,

    • Muswellbrook,

    • Port Stephens,

    • Scone.

  • (b)

    by omitting from Schedules 1, 2, 3, 4 and 5 all matter listed under the heading “SINGLETON” and by omitting that heading, wherever occurring.

6How does this plan affect covenants etc?(1)

If any agreement, covenant or similar instrument prohibits a land use allowed by this plan, then it shall not apply to that land use (to the extent necessary to allow that land use).

(2)

In accordance with section 28 of the Environmental Planning and Assessment Act 1979, the Governor approved of subclause (1) before this plan was made.

7Who is the consent authority for this plan?

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

8How is consultation with Government Departments undertaken?

Where a development application has been referred to a Government Department or statutory authority for comment, the Council shall not determine the application until—

  • (a)

    it has received and considered a representation with respect to the application from the Department or authority, or

  • (b)

    the Department or authority has informed the Council that it does not wish to make any representation with respect to the application, or

  • (c)

    21 days have elapsed after the date on which a copy of the application was referred to the Department or authority,

whichever occurs first.

9How are terms defined in this plan?(1)

In this plan—

advertising means the use of a building or place for the display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.

agriculture means—

  • (a)

    the production of crops or fodder, or

  • (b)

    horticulture, including fruit, vegetable and flower crop production, and use of land for wholesale plant nurseries, or

  • (c)

    the grazing of livestock, or

  • (d)

    the keeping and breeding of livestock, including poultry, other birds, and bees,

but does not include use of land for intensive agriculture feed lots, piggeries, poultry farming establishments, retail plant nurseries or stables.

ancillary land use means any land use that is directly ancillary, inseparable from and necessary for another land use.

animal establishment means a place for the breeding, boarding, training or keeping of, or caring for, animals and includes dog kennels and riding schools.

appointed day means the day on which this plan takes effect.

bed and breakfast accommodation means a dwelling which—

  • (a)

    provides temporary overnight accommodation for the short-term traveller, and

  • (b)

    offers at least breakfast for guests, and

  • (c)

    does not accommodate more than 8 guests, and

  • (d)

    does not contain facilities in rooms for the preparation of meals by guests, and

  • (e)

    is not used in whole or in part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the accommodation and who normally reside in the dwelling.

boarding-house includes a house let in lodgings or a hostel, but does not include a motel.

bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.

bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.

bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

bushfire hazard reduction means any activity designed or intended to reduce or modify combustible material capable of assisting the outbreak, spread or extension of a bushfire.

business premises means a building or place in which there is carried on an occupation, profession, light industry or trade which provides a service directly and regularly to the public, but does not include a building or place elsewhere defined in this clause.

car repair station means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery not being—

  • (a)

    body building, or

  • (b)

    panel beating which involves dismantling, or

  • (c)

    spray painting other than of a touching-up character.

cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied—

  • (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 Reform 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).

club means a building used by persons associated, or by a body incorporated, for social, literary, political, athletic or other lawful purposes, whether of the same or a different kind, whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976.

coal mining means operations carried out for the purpose of obtaining or processing coal or shale.

Council means the Council of the Singleton local government area.

craft establishment means a building in which art works and craft works are manufactured or sold, or both.

designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—

  • (a)

    State and regional roads,

  • (b)

    bus interchanges and bus lanes,

  • (c)

    land required for regional open space,

  • (d)

    land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

development has the meaning ascribed to it in section 4 of the Environmental Planning and Assessment Act 1979.

dual occupancy-attached means 2 attached dwellings on a single allotment of land.

dual occupancy-detached means 2 detached dwellings on a single allotment of land.

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling-house means a building containing 1 but not more than 1 dwelling.

educational establishment means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.

environmental buffer area means an area of land containing any one or more of natural features, man-made features and man-made structures that protect land from potentially adverse impacts that may arise from land use.

extractive industry means—

  • (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.

extractive material means sand, gravel, clay, soil, rock, stone or similar substances.

farmstay means a business run in conjunction with an established farming enterprise which—

  • (a)

    provides accommodation and entertainment for tourists, and

  • (b)

    forms part of the day-to-day operation of the farm.

finished floor level means the top of the floor surface of the lowest habitable room in a building.

flood liable land means land identified as such on the map and situated below the standard flood level adopted by the Council in accordance with the Floodplain Development Manual, published by the New South Wales Government, a copy of which is available at the office of the Council.

floor means that space within a building which is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.

forestry includes arboriculture, sylviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.

general store means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding—

  • (a)

    columns, fin walls, sun control devices and any elements, projections or works outside the general lines 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.

group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality—

  • (a)

    to human health, life or property, or

  • (b)

    to the biophysical environment.

health care professional means a person who provides professional health services to members of the public, and includes—

  • (a)

    a podiatrist registered under the Podiatrists Registration Act 1989, and

  • (b)

    a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991, and

  • (c)

    a physiotherapist registered under the Physiotherapists Registration Act 1945, and

  • (d)

    an optometrist registered under the Optometrists Act 1930.

helipad means an area or place not open to public use which is authorised by the Commonwealth Department of Transport and which is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use which is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

home activity means any activity, pursuit, occupation or profession, carried on in accordance with the following requirements for personal gain in a building or a room or a number of rooms forming part of, attached to, or on the same parcel of land as, a dwelling-house—

  • (a)

    only goods made or produced on the premises and goods ancillary thereto are displayed and sold on the premises or only services are provided from or on the premises, and

  • (b)

    the activity, pursuit, occupation or profession does not involve the practice or employment on the premises of any person who is not a resident of the dwelling, and

  • (c)

    the carrying on of the activity, pursuit, occupation or profession does not—

    • (i)

      interfere with the amenity of the locality by reason of traffic generation, insufficient car-parking, or 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, or

    • (iv)

      involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign, not exceeding 1 metre by 0.6 metre, exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident, or a description of the activity, pursuit, occupation or profession).

home based child care establishment means a dwelling providing care for up to 7 children (including the caregiver’s own children) in the premises where the caregiver resides.

hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care and counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes—

  • (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.

hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.

housing for aged or disabled persons means residential accommodation which may take any building form, which is or is intended to be used permanently as housing for the accommodation of aged persons or disabled persons and which may consist of hostels or a grouping of 2 or more self-contained dwellings, or a combination of both, and which includes 1 or more of the following facilities provided for use in connection with that accommodation—

  • (a)

    accommodation for staff employed or to be employed in connection with that accommodation,

  • (b)

    chapels,

  • (c)

    medical consulting rooms,

  • (d)

    meeting rooms,

  • (e)

    recreation facilities,

  • (f)

    shops,

  • (g)

    therapy rooms,

  • (h)

    any other facilities for the use or benefit of aged persons or disabled persons.

industry means—

  • (a)

    any manufacturing process within the meaning of the Factories, 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 does not include an extractive industry.

institution means a penal or reformative establishment.

intensive agriculture means—

  • (a)

    the permanent cultivation by irrigation of fruit, vegetable or flower crops, lucerne growing, turf farming or the like or the cultivation of plants in a wholesale plant nursery for commercial purposes, or

  • (b)

    the commercial keeping or breeding (or both) of livestock which are dependent on high quality forage produced from the land, such as horse studs, dairies or similar enterprises,

but does not include an intensive livestock keeping establishment or an animal establishment.

intensive livestock keeping establishment includes cattle feed lots, poultry sheds, piggeries and the like.

junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts from them.

light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil or other inflammable liquid.

Lot Size Map means the Singleton Local Environmental Plan 1996 Lot Size Map, as amended by the maps (or specified sheets of maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

  • Singleton Local Environmental Plan 1996 (Amendment No 37)—Lot Size Map

  • Singleton Local Environmental Plan 1996 (Amendment No 41)—Sheet 2 Lot Size Map

  • Singleton Local Environmental Plan 1996 (Amendment No 43)—Sheet 2 Lot Size Map

  • Singleton Local Environmental Plan 1996 (Amendment No 55)—Sheet 2 Lot Size Map

  • Singleton Local Environmental Plan 1996 (Amendment No 57)—Lot Size Map

  • Singleton Local Environmental Plan 1996 (Amendment No 68)—Sheet 2 Lot Size Map

  • Singleton Local Environmental Plan 1996 (Amendment No 79)—Sheet 2

  • Singleton Local Environmental Plan 1996 (Amendment No 80)

main road means a main road within the meaning of the Roads Act 1993 and includes the roads and parts of roads listed in Schedule 1.

major road frontage, in relation to land, means the frontage of that land to—

  • (a)

    a main road or State Highway, or

  • (b)

    a road connecting with a main 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 road.

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

mineral sand mine means a mine used for or in connection with obtaining ilmenite, monazite, rutile, zircon or similar mineral.

motel means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed there.

offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

parking space includes any garage or court available for use by vehicles.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.

place of public worship means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.

professional and commercial chambers means a room or number of rooms or chambers being part of a dwelling-house or other building which is or are used by one or more professionally qualified practitioners and their support staff.

professional consulting rooms means a room or a number of rooms forming either the whole of or part of, or attached to or within the curtilage of, a dwelling-house and used by legally qualified medical practitioners or (within the meaning of the Dentists Act 1989) dentists and their respective support staff, or by health care professionals, who practise therein the profession of medicine, dentistry or health care, respectively.

professionally qualified practitioner means a person engaged in a profession or occupation specified in Schedule 2 or a person engaged in a profession or occupation that is, in the opinion of the Council, similar to one so listed.

public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.

public land has the same meaning as in the Local Government Act 1993.

public utility infrastructure includes infrastructure for any of the following—

  • (a)

    the supply of water,

  • (b)

    the supply of electricity,

  • (c)

    the disposal and management of sewage.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act—

  • (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 includes a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.

recreation area means—

  • (a)

    a children’s playground, or

  • (b)

    an area used for sporting activities or sporting facilities, or

  • (c)

    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)

      a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.

recreation establishment means a health farm, religious retreat house, rest home, youth camp or the like, but does not include a building or place elsewhere defined in this clause or a building or place used or intended for use for a purpose elsewhere defined in this clause.

recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation, whether used for the purpose of gain or not, but does not include a place of assembly.

refreshment room means a restaurant, cafe, tea room, eating house or the like.

residential flat building means a building containing 3 or more dwellings.

retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

roadside stall means a building or place (not exceeding 20 square metres in floor space or area, respectively) where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.

rural industry means handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.

rural worker’s dwelling means a dwelling which is on land on which there is already erected a dwelling and which is occupied by persons engaged in a rural occupation on that land.

sawmill means a mill handling, cutting and processing timber from logs or baulks.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products, whether or not the building or place is also used for any one or more of the following purposes—

  • (a)

    the sale by retail of 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).

shop means a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere defined in this clause, or a building or place used for a purpose elsewhere defined in this clause.

site area means the area of land to which an application for consent under the Act relates, excluding therefrom any land upon which the development to which the application relates is not permitted by or under this plan.

small gravel pit means a gravel pit which does not exceed 1 hectare in disturbed area and which has been established for the sole means of winning gravel to be utilised on roads maintained by the Council.

stock and sale yard means a building or place used for the purpose of offering animals for sale and includes a public cattle market.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Singleton Local Environmental Plan 1996”, as amended by the maps (or specified sheets of maps) marked as follows—

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

  • Singleton Local Environmental Plan 1996 (Amendment No 1)

  • Singleton Local Environmental Plan 1996 (Amendment No 2)

  • Singleton Local Environmental Plan 1996 (Amendment No 3)

  • Singleton Local Environmental Plan 1996 (Amendment No 8)

  • Singleton Local Environmental Plan 1996 (Amendment No 9)

  • Singleton Local Environmental Plan 1996 (Amendment No 10)

  • Singleton Local Environmental Plan 1996 (Amendment No 15)

  • Singleton Local Environmental Plan 1996 (Amendment No 22)

  • Singleton Local Environmental Plan 1996 (Amendment No 23)

  • Singleton Local Environmental Plan 1996 (Amendment No 25)

  • Singleton Local Environmental Plan 1996 (Amendment No 26)

  • Singleton Local Environmental Plan 1996 (Amendment No 33)

  • Singleton Local Environmental Plan 1996 (Amendment No 36)

  • Singleton Local Environmental Plan 1996 (Amendment No 37)—Zoning Map

  • Singleton Local Environmental Plan 1996 (Amendment No 40)—Sheets 2 and 3

  • Singleton Local Environmental Plan 1996 (Amendment No 41)—Sheet 1 Zoning Map

  • Singleton Local Environmental Plan 1996 (Amendment No 43)—Sheet 1

  • Singleton Local Environmental Plan 1996 (Amendment No 45)

  • Singleton Local Environmental Plan 1996 (Amendment No 51)

  • Singleton Local Environmental Plan 1996 (Amendment No 55)—Sheet 1 Zoning Map

  • Singleton Local Environmental Plan 1996 (Amendment No 56)—Sheet 2

  • Singleton Local Environmental Plan 1996 (Amendment No 64)—Sheet 2

  • Singleton Local Environmental Plan 1996 (Amendment No 68)—Sheet 1

  • Singleton Local Environmental Plan 1996 (Amendment No 71)

  • Singleton Local Environmental Plan 1996 (Amendment No 72)

  • Singleton Local Environmental Plan 1996 (Amendment No 74)

  • Singleton Local Environmental Plan 1996 (Amendment No 75)

  • Singleton Local Environmental Plan 1996 (Amendment No 79)—Sheet 1

  • Singleton Local Environmental Plan 1996 (Amendment No 81)—Sheet 5

tourist facilities means a building or place providing for holiday accommodation or recreation and may consist of or include a boat shed, boat landing facilities, a camping ground, a caravan park, holiday cabins, a hotel, a house boat, a marina, a motel, a playground, a refreshment room, water sport facilities or a club used in conjunction with any such building or place.

transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.

truck depot means a building or place used for the servicing, repair and garaging of trucks and other vehicles used in a road transport undertaking, but does not include a road transport terminal.

urban release area means the area shown edged heavy black on sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 64)”.

warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.

(2)

In this plan—

  • (a)

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

  • (b)

    a reference to a map is a reference to a map deposited in the office of the Council, and

  • (c)

    a reference to land within a zone is a reference to land shown on the map in the manner indicated in clause 15 as the means of identifying land of the zone so specified.

(3)

In this plan, the following terms each have the same meaning as in the Act—

complying development

designated development

exempt development

integrated development

local development

(4)

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

cl 9: Am 26.7.1996; 13.9.1996; 14.3.1997; 7.11.1997; 13.2.1998; 12.6.1998; 11.2.2000; 16.6.2000; 20.7.2001; 31.8.2001; 1.2.2002; 14.2.2003; 23.5.2003; 2006 (17), Sch 1 [1]; 2007 (178), Sch 1 [1] [2]; 2007 (438), Sch 1 [1] [2]; 2007 (641), Sch 5.38 [1] [2]; 2008 (128), Sch 1.58 [1]; 2008 (639), Sch 1 [1]; 2009 (176), Sch 1 [1] [2]; 2009 (402), Sch 1 [1]; 2010 (261), Sch 1 [1]–[3]; 2010 (553), cl 4; 2010 (689), Sch 1 [1] [2]; 2010 (776), Sch 1 [1]–[3]; 2011 (476), cl 4 (1) (2); 2011 (638), cl 4; 2012 (18), Sch 1 [1] [2]; 2012 (19), Sch 1 [1] [2]; 2012 (118), Sch 1 [1]; 2012 (240), Sch 1 [1] [2]; 2012 (318), Sch 1 [1]; 2013 (11), Sch 1 [1] [2]; 2013 (182), Sch 1 [1] [2]; 2013 No 111, Sch 3.26; 2019 (621), Sch 2.16[1].

Part 2General restrictions on development of land10What temporary use of land is allowed?

Notwithstanding any other provision of this plan, the Council may grant consent to the carrying out of development on land for any purpose (not being designated development or contrary to the provisions of any other environmental planning instrument) for a maximum period of 6 months, whether consecutive or non-consecutive, in any one year.

11What general subdivision controls apply?(1)

A person shall not subdivide land except with the consent of the Council.

(2)

(Repealed)

(3)

Subclauses (4) and (5) apply to a subdivision of land shown on the Lot Size Map (not being land to which clause 12, 14 or 18 applies) that requires consent.

(4)

The size of any lot resulting from a subdivision of land to which this subclause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(5)

The average size of the lots created by a subdivision of land to which this subclause applies is not to be less than the minimum average size (if any) shown on the Lot Size Map in relation to that land.

cl 11: Am 2007 (178), Sch 1 [3]; 2008 (128), Sch 1.58 [2]; 2010 (261), Sch 1 [4] [5]; 2012 (19), Sch 1 [3].

12What provisions apply generally to subdivision in the Rural and Environment Protection Zones?(1)

The Council shall not consent to a subdivision of land within a Zone 1 (a) or 7 unless each separate allotment of land created by the subdivision is not less than 40 hectares in area.

(2)

Notwithstanding subclause (1), the Council may grant consent to the subdivision of land so as to create an allotment of less than 40 hectares in area if the Council is satisfied that the allotment is intended to be used for a permissible land use for which consent has been given (other than agriculture, cellar door premises, residential accommodation or tourist facilities).

(3)

Notwithstanding subclause (1), the Council may not grant consent to the subdivision of land with Zone 7 unless the average size of the lots created by the subdivision is not less than 80 hectares.

Note—

Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 enables subdivision of lots smaller than allowed by this plan for the purposes of primary production.

cl 12: Am 12.5.2000; 2008 (128), Sch 1.58 [3]; 2012 (19), Sch 1 [4].

13

(Repealed)

cl 13: Am 7.11.1997; 18.2.2000. Rep 2008 (128), Sch 1.58 [4].

14What provisions apply to subdivision in the Hobby Farms and Rural Small Holdings Zones?(1)

The Council shall not consent to an application to subdivide land within Zone 1 (b) unless each separate allotment of land created by the subdivision has an area of at least 10 hectares.

(2)

The Council shall not consent to an application to subdivide land within Zone 1 (d) unless each separate allotment of land created by the subdivision has an area of at least 8,000 square metres.

14AWhat provisions apply generally to development in the Gowrie Links, Huntergreen and Bridgman Ridge Urban Release Areas?(1)

This clause applies to the following land—

  • (a)

    the “Gowrie Links Urban Release Area”, being Lot 1221, DP 599260 and Part Lot 4, DP 873262, as shown edged heavy black on sheet 2 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 40)”,

  • (b)

    the “Huntergreen Urban Release Area”, being Lot 41, DP 592143, Lot 2, DP 622782, Lot 12, DP 733261, Lots 159, 162, 163 and 165, DP 752455 and Lot 1, DP 815280, as shown edged heavy black on Sheet 3 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 40)”,

  • (c)

    the “Bridgman Ridge Urban Release Area”, being—

    • (i)

      part of Lot 196, DP 752455, Lot 3, DP 1091619, part of Lot 336, DP 1092882 and part of Lot 61, DP 1097141, as shown edged heavy black on Sheet 3 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 40)”, and

    • (ii)

      the remaining part of Lot 61, DP 1097141, Wattle Ponds, as shown edged heavy black on Sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 41)”.

(2)

Development consent must not be granted for any development on land to which this clause applies unless a development control plan has been prepared for the land in accordance with subclause (3) and approved by the Council.

(3)

The development control plan must—

  • (a)

    contain a staging plan that makes provision for necessary infrastructure and sequencing, and that includes a detailed water and sewer servicing plan, to ensure that development occurs in a timely and efficient manner, and

  • (b)

    provide for an overall movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists, and

  • (c)

    contain an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain, and

  • (d)

    provide for a network of passive and active recreational areas, and

  • (e)

    contain stormwater and water quality management controls, and

  • (f)

    provide for amelioration of natural and environmental hazards, including bushfire, flooding, land slip and erosion, and potential site contamination, and

  • (g)

    contain detailed urban design controls for significant development sites, and

  • (h)

    contain measures to encourage higher density living around transport, open space and service nodes, and

  • (i)

    contain measures to accommodate and control appropriate neighbourhood commercial and retail uses, and

  • (j)

    contain measures to conserve identified heritage, and

  • (k)

    provide for suitably located public facilities and services, including provisions for appropriate traffic management facilities and parking.

cl 14A: Ins 2007 (178), Sch 1 [4]. Am 2007 (438), Sch 1 [3]; 2009 (176), Sch 1 [3]; 2010 (261), Sch 1 [6].

14BDevelopment in the Whittingham Industrial Estate
(1)

This clause applies to land in Whittingham Industrial Estate, but does not apply to such land if the whole or any part of it is in a region within the meaning of the Act, Division 7.1, Subdivision 4.

(2)

The objectives of this clause are—

  • (a)

    to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in Whittingham Industrial Estate to satisfy needs that arise from development on the land, but only if the land is developed intensively, and

  • (b)

    to ensure that development on land in Whittingham Industrial Estate occurs in a logical and cost-effective manner, in accordance with a staging plan, and only after a development control plan including specific controls has been prepared for the land.

(3)

Development consent must not be granted for the subdivision of land in Whittingham Industrial Estate if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this clause.

(4), (5)

(Repealed)

(6)

Development consent must not be granted for development on land in Whittingham Industrial Estate unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(7)

Subclause (6) does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

(8)

Development consent must not be granted for development on land in Whittingham Industrial Estate unless a development control plan that provides for the matters specified in subclause (9) has been prepared for the land.

(9)

The development control plan must provide for all of the following—

  • (a)

    a staging plan for the timely and efficient release of land making provision for necessary infrastructure and sequencing, including a detailed water and sewer servicing plan,

  • (b)

    appropriate controls to ensure that the site is developed principally for heavier industrial uses, and uses requiring large lot area or significant areas for separation and buffering purposes,

  • (c)

    an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles and public transport (including rail access), pedestrians and cyclists,

  • (d)

    future rail access including appropriate controls to ensure that future development does not hinder the future provision of rail access,

  • (e)

    an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

  • (f)

    stormwater and water quality management controls,

  • (g)

    amelioration of natural and environmental hazards, including bushfire, flooding, land slip and erosion, and potential site contamination,

  • (h)

    detailed urban design controls for significant development sites,

  • (i)

    suitably located public facilities and services, including provision for appropriate traffic management facilities and parking,

  • (j)

    measures to conserve identified heritage.

(10)

Subclause (8) does not apply to any of the following development—

  • (a)

    a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

  • (b)

    a subdivision of land if the lot that is proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

  • (c)

    proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone within which the land is situated.

(11)

A provision of this clause prevails over any other provision of this plan to the extent of any inconsistency.

(12)

In this clause—

Whittingham Industrial Estate means Lot 1, DP 33992, Bell Road, Belford and Lot 4, DP 621020, Lot 1, DP 653039, Lot 2, DP 86239 and Lot 1, DP 806861, New England Highway, Whittingham, as shown edged heavy black on the map marked “Singleton Local Environmental Plan 1996 (Amendment No 45)”, deposited in the office of Singleton Council.

cl 14B: Ins 2008 (639), Sch 1 [2]. Am 2010 (261), Sch 1 [6]; 2010 (776), Sch 1 [4]; 2021 (716), Sch 1.24[1] [2]; 2023 (554), Sch 2.30.

14CDevelopment in the Burbank Crescent residential estate(1)

This clause applies to the northern part of Lot 12, DP 192526, as shown edged heavy black on Sheet 2 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 51)”.

(2)

Development consent must not be granted for development on land to which this clause applies unless a development control plan has been prepared for the land in accordance with subclause (3) and approved by the Council.

(3)

The development control plan must—

  • (a)

    contain a staging plan that makes provision for necessary infrastructure and sequencing, and that includes a detailed water and sewer servicing plan, to ensure that development occurs in a timely and efficient manner, and

  • (b)

    provide for an overall movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles and public transport, and

  • (c)

    contain stormwater and water quality management controls, and

  • (d)

    provide for amelioration of natural and environmental hazards, including bushfire, flooding, landslip and erosion, and potential site contamination, and

  • (e)

    contain measures to conserve any identified heritage, and

  • (f)

    contain provisions to ensure the buffer land between the residential land and the farmland is adequately enhanced and maintained, including the provision of a vehicular access corridor along the southern edge of the residential land, and

  • (g)

    contain provisions for suitable linkage of the residential land to Earribee Reserve.

cl 14C: Ins 2009 (402), Sch 1 [2]. Am 2010 (261), Sch 1 [6].

14DDevelopment in the Standen Drive Environmental Living Estate(1)

This clause applies to Lots 3 and 4, DP 237936, Lot 52, DP 787775 and the eastern part of Lot 512, DP 1096873, as shown edged heavy black on Sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 55)”.

(2)

Development consent must not be granted for development on land to which this clause applies unless a development control plan has been prepared for the land in accordance with subclause (3).

(3)

The development control plan must, to the satisfaction of the Council—

  • (a)

    contain a subdivision layout plan that provides for the conservation, enhancement and regeneration of areas of native vegetation with significant biodiversity value (including riparian corridors), and

  • (b)

    contain provisions to conserve, enhance and encourage the regeneration of areas of native vegetation with significant biodiversity value (including riparian corridors), and

  • (c)

    provide for an overall movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles and public transport, and

  • (d)

    provide for amelioration of natural and environmental hazards, including bushfire, flooding, landslip and erosion, and potential site contamination, and

  • (e)

    contain measures to conserve any identified heritage.

cl 14D: Ins 2010 (261), Sch 1 [7].

14EDevelopment in Radford Park Rural-Residential Release Area(1)

This clause applies to land in the Radford Park Rural-Residential Release Area.

(2)

The objective of this clause is to ensure that development on land within the Radford Park Rural-Residential Release Area occurs in a logical and cost-effective manner, in accordance with a staging plan, and only after a development control plan including specific controls has been prepared for the land.

(3)

Development consent must not be granted for development on land in the Radford Park Rural-Residential Release Area unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.

(4)

The development control plan must, to the satisfaction of the Council—

  • (a)

    contain a staging plan that makes provision for necessary infrastructure and sequencing, and that includes a detailed water and sewer servicing plan, to ensure that development occurs in a timely and efficient manner, and

  • (b)

    contain a subdivision layout plan that provides for the conservation, enhancement and regeneration of areas of native vegetation with significant biodiversity value (including riparian corridors), and

  • (c)

    contain an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain, and

  • (d)

    provide for an overall movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles and public transport, and

  • (e)

    provide for amelioration of natural and environmental hazards, including bushfire, flooding, landslip and erosion, and potential site contamination, and

  • (f)

    contain measures to conserve any identified heritage, and

  • (g)

    contain stormwater and water quality management controls, and

  • (h)

    contain measures to minimise the potential for land use conflict.

(5)

In this clause—

Radford Park Rural-Residential Release Area means Lot 13, DP 595347, Lot 22, DP 861508, Lot 121, DP 682116 and Lot 140, DP 619407, as shown edged heavy black on sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 64)”.

cl 14E: Ins 2010 (776), Sch 1 [5].

14FDevelopment in Elderslie Road South Rural-Residential Release Area(1)

This clause applies to land in the Elderslie Road South Rural-Residential Release Area.

(2)

The objective of this clause is to ensure that development on land within the Elderslie Road South Rural-Residential Release Area occurs in a logical and cost-effective manner, in accordance with a staging plan, and only after a development control plan including specific controls has been prepared for the land.

(3)

Development consent must not be granted for development on land in the Elderslie Road South Rural-Residential Release Area unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.

(4)

The development control plan must, to the satisfaction of the Council—

  • (a)

    contain a staging plan that makes provision for necessary infrastructure and sequencing, and that includes a detailed water and sewer servicing plan, to ensure that development occurs in a timely and efficient manner, and

  • (b)

    contain a subdivision layout plan that provides for the conservation, enhancement and regeneration of areas of native vegetation with significant biodiversity value (including riparian corridors), and

  • (c)

    contain an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain, and

  • (d)

    provide for an overall movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles and public transport, and

  • (e)

    provide for amelioration of natural and environmental hazards, including bushfire, flooding, landslip and erosion, and potential site contamination, and

  • (f)

    contain measures to conserve any identified heritage, and

  • (g)

    contain stormwater and water quality management controls, and

  • (h)

    contain measures to minimise the potential for land use conflict.

(5)

In this clause—

Elderslie Road South Rural-Residential Release Area means Lot 21, DP 861508, as shown edged heavy black on sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 68)”.

cl 14F: Ins 2012 (18), Sch 1 [3].

14GDevelopment in certain other release areas(1)

For the purposes of this clause, land is in a release area if it is in one of the following areas—

  • (a)

    Hunter Highlands Environmental Living Estate,

  • (b)

    Murray’s Rise Environmental Living Estate,

  • (c)

    Northeast Sedgefield Environmental Living Estate,

  • (d)

    South Sedgefield Environmental Living Estate,

  • (e)

    Southwest Sedgefield Environmental Living Estate,

  • (f)

    Wattle Ponds East Environmental Living Estate.

(2)

Development consent must not be granted for development on land in a release area unless a development control plan has been prepared for the area in accordance with subclause (3).

(3)

The development control plan must, to the satisfaction of the Council—

  • (a)

    contain a subdivision layout plan that provides for the conservation, enhancement and regeneration of areas of native vegetation with significant biodiversity value (including riparian corridors), and

  • (b)

    contain provisions to conserve, enhance and encourage the regeneration of areas of native vegetation with significant biodiversity value (including riparian corridors), and

  • (c)

    contain a staging plan that provides for the necessary infrastructure and sequencing to ensure that the development is completed in a timely and efficient manner, and

  • (d)

    provide for an overall movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles and public transport, and

  • (e)

    provide for stormwater and water quality management controls, and

  • (f)

    provide for amelioration of natural and environmental hazards, including bushfire, flooding, landslip and erosion, and potential site contamination, and

  • (g)

    contain measures to conserve any identified heritage.

(4)

In this clause—

Hunter Highlands Environmental Living Estate means Lot 252, DP 804008 and Lot 12, DP 1062336, as shown edged heavy black on Sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 43)”.

Murray’s Rise Environmental Living Estate means Lot 11, DP 844443, part of Lots 12 and 13, DP 1100005, part of Lot 6, DP 247239 and Lots 91 and 92, DP 1138554, as shown edged heavy black on Sheet 5 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 37)”.

Northeast Sedgefield Environmental Living Estate means Lot 2, DP 710420, as shown edged heavy black on Sheet 7 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 37)”.

South Sedgefield Environmental Living Estate means Lots 204 and 208, DP 839648 and Lot 209, DP 877391, as shown edged heavy black on Sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 37)”.

Southwest Sedgefield Environmental Living Estate means Lot 72, DP 1040144, as shown edged heavy black on Sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 79)”.

Wattle Ponds East Environmental Living Estate means Lots 120, 138, 140 and 142, DP 752455, as shown edged heavy black on Sheet 3 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 37)”.

cl 14G: Ins 2012 (240), Sch 1 [3]. Subst 2013 (182), Sch 1 [3].

14H

(Repealed)

cl 14H: Ins 2013 (11), Sch 1 [3]. Rep 2013 (182), Sch 1 [3].

15What zones apply in this plan?

The following zones apply and are identified on the map as follows—

  • Zone 1 (a) (Rural Zone)—identified by heavy black edging and lettered “1 (a)”.

  • Zone 1 (b) (Hobby Farms Zone)—identified by heavy black edging and lettered “1 (b)”.

  • Zone 1 (d) (Rural Small Holdings Zone)—identified by heavy black edging and lettered “1 (d)”.

  • Zone 2 (Residential Zone)—identified by heavy black edging and lettered “2”.

  • Zone R1 (General Residential Zone)—identified by heavy black edging and lettered “R1”.

  • Zone R2 (Low Density Residential Zone)—identified by heavy black edging and lettered “R2”.

  • Zone B1 (Neighbourhood Centre Zone)—identified by heavy black edging and lettered “B1”.

  • Zone 3 (Business Zone)—identified by heavy black edging and lettered “3”.

  • Zone 4 (Industrial Zone)—identified by heavy black edging and lettered “4”.

  • Zone 4 (b) (Heavy Industrial Zone)—identified by heavy black edging and lettered “4 (b)”.

  • Zone 5 (Special Uses and Reservations Zone)—identified by heavy black edging and lettered “5”.

  • Zone 6 (a) (Public Open Space and Recreation Zone)—identified by heavy black edging and lettered “6 (a)”.

  • Zone 6 (b) (Private Open Space and Recreation Zone)—identified by heavy black edging and lettered “6 (b)”.

  • Zone 7 (Environment Protection Zone)—identified by heavy black edging and lettered “7”.

  • Zone 7 (b) (Environmental Living Zone)—identified by heavy black edging and lettered “7 (b)”.

  • Zone 8 (National Parks and Nature Reserves Zone)—identified by heavy black edging and lettered “8”.

cl 15: Am 2007 (178), Sch 1 [5]; 2008 (639), Sch 1 [3]; 2009 (176), Sch 1 [4]; 2010 (261), Sch 1 [8].

16How do zone objectives and zoning controls affect land?(1)

The objectives of a zone are set out in the relevant Zoning Table under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)

Except as otherwise provided by this plan, in relation to land within a zone specified, the development which—

  • (a)

    may be carried out without development consent, and

  • (b)

    may be carried out only with development consent, and

  • (c)

    is prohibited,

is specified in the relevant Zoning Table under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)

The Council must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

cl 16: Am 2012 (19), Sch 1 [5].

Part 3Rural development

pt 3, table: Am 11.2.2000; 2012 (19), Sch 1 [6] [7].

  • (a)

    to protect and conserve agricultural land and to encourage continuing viable and sustainable agricultural land use,

  • (b)

    to promote the protection and preservation of natural ecological systems and processes,

  • (c)

    to allow mining where environmental impacts do not exceed acceptable limits and the land is satisfactorily rehabilitated after mining,

  • (d)

    to maintain the scenic amenity and landscape quality of the area,

  • (e)

    to provide for the proper and co-ordinated use of rivers and water catchment areas,

  • (f)

    to promote provision of roads that are compatible with the nature and intensity of development and the character of the area.

Development for the purpose of—

  • agriculture; forestry; intensive agriculture; small gravel pits.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • advertising structures (other than as would be permitted by clause 33 of the Environmental Planning and Assessment Model Provisions 1980 if they applied); boarding-houses; bulk stores; bus depots; business premises; car repair stations; dual occupancy-detached; industries other than offensive or hazardous industries; junk yards; light industries; liquid fuel depots; motor showrooms; residential flat buildings; road transport terminals; shops; warehouses.

  • (a)

    to facilitate and provide for rural farmlets having an area of not less than 10 hectares,

  • (b)

    to encourage the planning of the size and shape of rural farmlets having regard to soils, topography, vegetation and associated services,

  • (c)

    to ensure that development maintains and contributes to the rural character of the locality and minimises disturbances to the land and to agricultural productivity,

  • (d)

    to provide land to conduct hobby farm activities in association with on-site residential living.

Development for the purpose of—

  • agriculture; forestry; home activities.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • advertising structures (other than as would be permitted by clause 33 of the Environmental Planning and Assessment Model Provisions 1980 if they applied); bulk stores; business premises; car repair stations; cellar door premises; dual occupancy-detached; extractive industries; hazardous industries; industries; intensive agriculture; intensive livestock keeping establishments; junk yards; light industries; liquid fuel depots; mines; motor showrooms; offensive industries; residential flat buildings; road transport terminals; service stations; shops; warehouses.

  • (a)

    to facilitate and provide for rural residential development in appropriate locations, taking into account natural constraints,

  • (b)

    to maintain and enhance the amenity and landscape quality,

  • (c)

    to provide for adequate, efficient and orderly servicing.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • advertising structures (other than as would be permitted by clause 33 of the Environmental Planning and Assessment Model Provisions 1980 if they applied); bulk stores; business premises; caravan parks; car repair stations; cellar door premises; dual occupancy-detached; extractive industries; hazardous industries; industries; intensive agriculture; intensive livestock keeping establishments; junk yards; light industries; liquid fuel depots; mines; motor showrooms; offensive industries; residential flat buildings; road transport terminals; service stations; shops; transport terminals; warehouses.

17On what land in the Rural Zone can a dwelling-house or dual occupancy-attached be erected?(1)

This clause applies to land within Zone 1 (a).

(2)

A dwelling-house or dual occupancy-attached can be erected only on the following land in Zone 1 (a)—

  • (a)

    an allotment which has an area of 40 hectares or greater,

  • (b)

    an allotment with an area of less than 40 hectares where the land is the whole of an allotment consented to by the Council on or after 7 January 1966, or

  • (c)

    an allotment of land with an area of less than 40 hectares where the land is an allotment created prior to 7 January 1966 and comprises the whole of an existing holding, or

  • (d)

    an allotment of land with an area of less than 40 hectares where the land is an allotment created prior to 7 January 1966 which has an area of not less than 10 hectares and was owned at 17 December 1980 by a person who at that date did not own any lot, portion or parcel of land adjoining or adjacent to the allotment, or

  • (e)

    an allotment which already contains a dwelling-house where the proposed dwelling-house is intended to wholly replace an existing dwelling-house.

(3)

Additional dwelling-houses may be erected with the consent of the Council on land with an area greater than 40 hectares where the dwelling-houses are to be used by a person or persons engaged in activities permissible on the land and for which consent has been given, if required by this plan.

(4)

Land on which a dual occupancy-attached is erected under this clause must not be subdivided otherwise than in accordance with clause 12.

(5)

In this clause, existing holding means any area of adjoining or adjacent land held in the same ownership on and from 7 January 1966 and includes the residue of any such area from which land has been excised only for a public purpose after that date. Adjoining or adjacent land does not cease to be an existing holding only because the land has been transferred as a whole after 7 January 1966.

cl 17: Am 7.11.1997; 2008 (128), Sch 1.58 [5].

17ADwelling entitlements on existing concessional lots

The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house or a dual occupancy-attached on a lot, if—

  • (a)

    the lot was created before that commencement, or

  • (b)

    development consent to the creation of the lot was applied for, or granted, before that commencement.

cl 17A: Ins 2008 (128), Sch 1.58 [6].

18What controls apply to the erection of dwellings in the Village of Belford?(1)

This clause applies to land in the Village of Belford, as shown edged heavy black on the sheet of the map marked “Singleton Local Environmental Plan 1996‘Sheet No 1”’.

(2)

Notwithstanding clause 17, one dwelling-house or dual occupancy-attached may be erected on land to which this clause applies if the land comprises the whole of an existing parcel.

(3)

In this clause, existing parcel means contiguous land held in common ownership as at 23 April 1993, being the date of commencement of the exhibition of this plan.

19What controls apply to the erection of dwellings in the Village of Camberwell?(1)

This clause applies to land within the Village of Camberwell, as shown edged heavy black on the sheet of the map marked “Singleton Local Environmental Plan 1996—Sheet No 6”.

(2)

Notwithstanding any other provisions of this plan, development must not be carried out for the purpose of erecting a dwelling-house or dual occupancy-attached, except in accordance with the provisions of this clause.

(3)

One, but not more than one, building, being a dwelling-house or dual occupancy-attached may be erected on land to which this clause applies if the land comprises the whole of an existing parcel or is an allotment created pursuant to subclause (4).

(4)

Land to which this clause applies may be subdivided if each separate allotment to be created by the subdivision has an area of not less than 8,000 square metres.

(5)

A person shall not carry out development on land to which this clause applies which has a level of less than RL 64.1 metres AHD.

(6)

In this clause, existing parcel means contiguous land held in common ownership as at 23 January 1987, being the date of commencement of the exhibition of Singleton Local Environmental Plan No 49.

Part 4Urban residential development

pt 4, table: Am 11.2.2000; 2007 (178), Sch 1 [6]; 2012 (19), Sch 1 [8]–[10].

  • (a)

    to allow residential development, including dwelling-houses and residential flat buildings,

  • (b)

    to maintain and enhance the character and amenity of residential areas, to promote good urban design and to retain heritage values,

  • (c)

    to allow uses normally associated with residential development together with other development servicing the needs of the community, including schools, public utilities, professional chambers, churches and the like,

  • (d)

    to ensure that development does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like,

  • (e)

    to control development and impose minimum floor heights for dwellings in flood prone areas.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • bulk stores; business premises; caravan parks; car repair stations; cellar door premises; extractive industries; hazardous industries; hotels; industries; institutions; junk yards; light industries; liquid fuel depots; mines; motor showrooms; offensive industries; refreshment rooms; road transport terminals; rural industries; sawmills; service stations; shops; stock and sale yards; truck depots; warehouses.

  • (a)

    to provide for the housing needs of the community,

  • (b)

    to provide for a variety of housing types and densities,

  • (c)

    to enable other land uses that provide facilities or services to meet the day to day needs of residents,

  • (d)

    to maintain and enhance the character and amenity of residential areas, to promote good urban design and to retain heritage values,

  • (e)

    to allow uses normally associated with residential development together with other development servicing and needs of the community, including schools, public utilities, professional chambers, churches and the like,

  • (f)

    to ensure that development does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like,

  • (g)

    to control development and impose minimum floor heights for dwellings in flood prone areas.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • bulk stores; business premises; caravan parks; car repair stations; cellar door premises; extractive industries; hazardous industries; hotels; industries; institutions; intensive livestock keeping establishments; junk yards; light industries; liquid fuel depots; mines; motor showrooms; offensive industries; refreshment rooms; road transport terminals; rural industries; sawmills; service stations; shops; stock and sale yards; truck depots; warehouses.

  • (a)

    to provide for the housing needs of the community within a low density residential environment,

  • (b)

    to enable other land uses that provide facilities or services to meet the day to day needs of residents,

  • (c)

    to provide a transition environment between urban environments and rural residential development,

  • (d)

    to conserve land or items of special environmental significance,

  • (e)

    to allow development or land management activities only where these will not interfere with the conservation of land or items of environmental significance,

  • (f)

    to maintain and enhance the character and amenity of residential areas, to promote good urban design and to retain heritage values,

  • (g)

    to control development and impose minimum floor heights for dwellings in flood prone areas.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • bulk stores; business premises; caravan parks; car repair stations; cellar door premises; extractive industries; hazardous industries; hotels; industries; institutions; intensive livestock keeping establishments; junk yards; light industries; liquid fuel depots; mines; motor show rooms; offensive industries; refreshment rooms; residential flat buildings; road transport terminals; rural industries; sawmills; service stations; shops; stock and sale yards; truck depots; warehouses.

Part 5Commercial and industrial development

pt 5, table: Am 11.2.2000; 2007 (652), Sch 1 [1] [2]; 2008 (639), Sch 1 [4]; 2009 (176), Sch 1 [5]; 2010 (261), Sch 1 [9]; 2012 (19), Sch 1 [11]–[13].

To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

Exempt development.

Development for the purposes of—

  • advertising; business premises; child care centres; general stores; neighbourhood shops (as defined in the Standard Instrument (Local Environmental Plans) Order 2006); places of assembly; public buildings; recreation facilities; roads; service stations; shops.

Development not included in item 2 or 3.

  • (a)

    to provide for commerce, retailing, offices and other similar commercial development and services in suitable locations,

  • (b)

    to maintain and enhance the character and amenity of commercial areas, to promote good urban design and to retain heritage values where appropriate.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • caravan parks; cellar door premises; hazardous industries; industries; junk yards; mines; offensive industries; sawmills; stock and sale yards.

  • (a)

    to allocate sufficient land in suitable locations to facilitate and promote the establishment of a broad range of industrial uses,

  • (b)

    to allow commercial or retail uses only where they are associated with, ancillary to or supportive of, industrial development,

  • (c)

    to provide industry-related training establishments in appropriate locations.

Exempt development.

Development not included in item 2 or 4.

Development for the purpose of—

  • caravan parks; cellar door premises; dwellings (other than those used in conjunction with industry); extractive, offensive or hazardous industries; hospitals; hotels; institutions; mines; motels; roadside stalls; shops (other than bulky goods and drive-in liquor stores and those ancillary to, and used in conjunction with, manufacturing purposes not prohibited in this zone or which serve the daily needs of the work force of the industrial area).

  • (a)

    to provide suitable areas for those industries that need to be separated from other land uses,

  • (b)

    to encourage employment opportunities,

  • (c)

    to minimise any adverse effect of heavy industry on other land uses,

  • (d)

    to facilitate opportunities for a wide range of industrial and similar land uses that complement, support or service the intended predominant heavy industrial function of the zone.

Exempt development.

Development not included in item 2 or 4.

Development for the purposes of—

  • agriculture; bulky goods premises (as defined in the Standard Instrument (Local Environmental Plans) Order 2006); business premises; caravan parks; cellar door premises; child care centres; clubs; dwellings (other than those used in conjunction with industry); educational establishments; farmstays; hospitals; hotels; housing for aged or disabled persons; motels; places of assembly; places of public worship; professional and commercial chambers; professional consulting rooms; residential flat buildings; retail plant nurseries; roadside stalls; shops (other than neighbourhood shops as defined in the Standard Instrument (Local Environmental Plans) Order 2006); tourist facilities.

Part 6Special uses and reservations

pt 6, table: Am 11.2.2000; 2010 (261), Sch 1 [10].

  • (a)

    to reserve and make available land required for public purposes, including community services and utilities,

  • (b)

    to restrict land uses that may conflict with or adversely affect the intended use for land required for public purposes.

Exempt development.

The particular land use indicated by black lettering on the map and any development ordinarily ancillary or incidental to that land use.

Development for the purpose of—

  • community land uses associated with the facilities and sites of schools, colleges and other educational establishments; drainage; recreation areas; roads.

Development not included in item 3.

Part 7Open space and recreation

pt 7, table: Am 11.2.2000; 25.5.2001; 2010 (261), Sch 1 [10].

  • (a)

    to identify land which is currently used or is intended to be used for the purposes of open space and public or private recreation,

  • (b)

    to allocate sufficient open space to serve the present and future recreational needs of residents and visitors.

Development for the purpose of—

  • works ancillary to landscaping, gardening or bushfire hazard reduction.

Exempt development.

Development for the purpose of—

  • agriculture; bowling greens; buildings ancillary to landscaping, gardening or bushfire hazard reduction; child care centres; clubs; commons; drainage; forestry; golf courses; open space; picnic grounds; public buildings; racecourses; recreation areas; recreation facilities; roads; showgrounds.

Development not included in item 2 or 3.

To identify and set aside certain privately owned land where private recreation activities are and may be developed.

Development for the purpose of—

  • works ancillary to landscaping, gardening or bushfire hazard reduction.

Exempt development.

Development for the purpose of—

  • agriculture; bowling greens; buildings ancillary to landscaping, gardening or bushfire hazard reduction; child care centres; clubs; commons; drainage; forestry; golf courses; open space; picnic grounds; recreation areas; recreation facilities; roads; tourist facilities.

Development not included in item 2 or 3.

Part 8Environment protection and nature conservation

pt 8, table: Am 11.2.2000; 12.5.2000; 2010 (261), Sch 1 [11].

  • (a)

    to conserve land or items of special environmental significance,

  • (b)

    to allow development or land management activities only where these will not interfere with the conservation of land or items of environmental significance,

  • (c)

    to protect and conserve Aboriginal sites.

Development authorised by or under the National Parks and Wildlife Act 1974.

Development for the purpose of—

  • forestry.

Exempt development.

Development for the purpose of—

  • agriculture or roads (other than ancillary to forestry activities); dwelling-houses.

Development not included in item 2 or 3.

  • (a)

    to provide for low-impact residential development in areas with special ecological, scientific or aesthetic values,

  • (b)

    to ensure that residential development does not have an adverse effect on those values,

  • (c)

    to ensure development maintains and contributes to the character of the locality and minimises disturbance to the land,

  • (d)

    to protect, enhance and manage riparian corridors to facilitate species movement and dispersal and maintain the integrity of banks of watercourses,

  • (e)

    to encourage rehabilitation and conservation of environmentally important land.

Development for the purpose of—

  • environmental buffer areas; home activities; roads.

Exempt development.

Development for the purpose of—

  • agriculture; bed and breakfast accommodation; bushfire hazard reduction; craft establishments; dual occupancy-attached; dwelling-houses; farmstays; home based child care establishments; recreation establishments; tourist facilities.

Development not included in item 2 or 3.

19AOn what land in the Environment Protection Zone can a dwelling-house be erected?(1)

This clause applies to land within Zone 7.

(2)

A dwelling house can be erected only on the following land in Zone 7—

  • (a)

    an allotment which has an area of 40 hectares or greater, or

  • (b)

    an allotment of land with an area of less than 40 hectares where the land is the whole of an allotment consented to by Council on or after 7 January 1966, or

  • (c)

    an allotment of land with an area of less than 40 hectares where the land is an allotment created prior to 7 January 1966 and comprises the whole of an existing holding, or

  • (d)

    an allotment of land with an area of less than 40 hectares where the land is an allotment created prior to 7 January 1966 which has an area of not less than 10 hectares and was owned at 17 December 1980 by a person who at that date did not own any lot, portion or parcel of land adjoining or adjacent to the allotment, or

  • (e)

    an allotment which already contains a dwelling-house where the proposed dwelling-house is intended to wholly replace an existing dwelling-house.

(3)

In this clause existing holding means any area of adjoining or adjacent land held in the same ownership on and from 7 January 1966 and includes the residue of any such area from which land has been excised only for a public purpose after that date. Adjoining or adjacent land does not cease to be an existing holding only because the land has been transferred as a whole after 7 January 1966.

cl 19A: Ins 12.5.2000.

20What environmental buffers are to apply around certain land uses?(1)

This clause applies to land used by the Army or as an airport, mine, coal mine, explosives factory, or for an extractive industry, hazardous industry, intensive agriculture, intensive livestock keeping establishments or offensive industry.

(2)

In considering a development application relating to land to which this clause applies, the consent authority must take into account whether an environmental buffer area has been provided around the site of that development which is adequate to ensure that significant adverse environmental effects do not occur on surrounding land.

(3)

In considering a development application relating to land within such an environmental buffer area, the consent authority must take into account whether the proposed development will, in the opinion of the consent authority, be adversely affected to a significant extent by the land use in response to which the buffer area is provided.

  • (a)

    to identify, preserve and manage national parks and nature reserves for conservation and recreational purposes and to provide for their continued management under the National Parks and Wildlife Act 1974,

  • (b)

    to protect and conserve Aboriginal sites.

Development authorised by or under the National Parks and Wildlife Act 1974.

Nil.

Development not included in item 2.

Part 9Heritage conservation21What controls apply with respect to heritage items or conservation areas?

In this Part—

alter, in relation to a heritage item, or to a building or work within a heritage conservation area, means—

  • (a)

    make structural changes to the outside of the heritage item, building or work, or

  • (b)

    make non-structural changes (other than changes resulting from maintenance) to the detail, fabric, finish or appearance of the outside of the heritage item, building or work.

conservation includes preservation, protection, restoration and enhancement.

conservation plan means a document resulting from a detailed assessment of a site to establish its heritage significance and indicating policies to enable that significance to be retained in its future use and development.

conservation instrument has the same meaning as in the Heritage Act 1977.

demolition, in relation to a heritage item or to a building or work within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.

  • (h)

    the carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except—

    • (i)

      the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose,

    • (ii)

      any development designed to change the use or purpose of any such reserve,

  • (i)

    the carrying out or causing to be carried out by the Council while 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 Irrigation Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except—

    • (i)

      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, or

    • (ii)

      the formation or alteration of any means of access to a road,

  • (j)

    the use of land for the purpose of the construction and development of public infrastructure services, including roads and drainage,

  • (k)

    the carrying out of works authorised under the provisions of the Soil Conservation Act 1938.

cl 36: Am 25.5.2001.

36ASavings provisions relating to development applications

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

cl 36A: Ins 2023 (524), Sch 1.1[3].

37What restrictions apply to specific land?(1)

Despite any other provision in this plan, the Council must not grant consent to development in respect of land described in Schedule 5 unless—

  • (a)

    each condition set out in that Schedule in respect of the land has been satisfied before consent is granted, or

  • (b)

    the consent is granted subject to the conditions.

(2)

This clause does not prevent the imposition of conditions in addition to those set out in Schedule 5.

cl 37: Ins 1.2.2002.

38What prohibitions apply to specific land?

Despite any other provision in this plan, on land described in Column 1 of Schedule 6, development specified in Column 2 of that Schedule in respect of that land is prohibited.

cl 38: Ins 2006 (17), Sch 1 [2].

39Classification and reclassification of public land(1)

The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this plan to discharge trusts on which public reserves are held if the land is reclassified under this plan as operational land.

(2)

The public land described in Part 1 or Part 2 of Schedule 7 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)

The public land described in Part 3 of Schedule 7 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)

The public land described in Part 1 of Schedule 7—

  • (a)

    does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

  • (b)

    continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)

The public land described in Part 2 of Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

  • (a)

    those (if any) specified for the land in Column 3 of Part 2 of Schedule 7, and

  • (b)

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

  • (c)

    reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note—

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 7.

cl 39: Ins 2010 (689), Sch 1 [3]. Am 2019 (621), Sch 2.16[2].

39AAExceptions to development standards(1)

The objectives of this clause are as follows—

  • (a)

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

  • (b)

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

(2)

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

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

  • (a)

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

  • (b)

    there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone 1 (a) (Rural Zone), Zone 1 (b) (Hobby Farms Zone), Zone 1 (d) (Rural Small Holdings Zone), Zone 7 (Environment Protection Zone) or Zone 7 (b) (Environmental Living Zone) if—

  • (a)

    the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

  • (b)

    the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

  • (a)

    a development standard for complying development,

  • (b)

    a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

cl 39AA: Ins 2019 (659), Sch 1.26. Am 2023 (524), Sch 1.1[1].

39ABDemolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

cll 39AB–39AD: Ins 2019 (659), Sch 2.26.

39ACTemporary use of land(1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that—

  • (a)

    the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this plan and any other applicable environmental planning instrument, and

  • (b)

    the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

  • (c)

    the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

  • (d)

    at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)

Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)

Subclause (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

cll 39AB–39AD: Ins 2019 (659), Sch 2.26.

39ADConversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

  • (a)

    converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

  • (b)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

  • (c)

    converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of—

  • (a)

    internal alterations to a building, or

  • (b)

    internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cll 39AB–39AD: Ins 2019 (659), Sch 2.26.

39AEStandards that cannot be used to refuse consent—playing and performing music(1)

The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

  • (a)

    the playing or performance of music, including the following—

    • (i)

      the genre of music played or performed, or

    • (ii)

      whether the music played or performed is live or amplified, or

    • (iii)

      whether the music played or performed is original music, or

    • (iv)

      the number of musicians or live entertainment acts playing or performing, or

    • (v)

      the type of instruments played,

  • (b)

    whether dancing occurs,

  • (c)

    the presence or use of a dance floor or another area ordinarily used for dancing,

  • (d)

    the direction in which a stage for players or performers faces,

  • (e)

    the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)

The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)

In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 39AE: Ins 2020 (724), Sch 3.

39AFCanal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 39AF: Ins 2022 (629), Sch 2[4].

Part 11Urban Release Areas

pt 11: Ins 2010 (776), Sch 1 [6].

39AArrangements for designated State public infrastructure(1)

The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(2)

Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

(3)

Subclause (2) does not apply to—

  • (a)

    any lot identified in the certificate as a residue lot, or

  • (b)

    any lot created by a subdivision previously consented to in accordance with this clause, or

  • (c)

    any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or

  • (d)

    a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(4)

This clause does not apply to land in an urban release area if the whole or any part of it is in a region within the meaning of the Act, Division 7.1, Subdivision 4.

cl 39A (previously cl 39): Ins 2010 (776), Sch 1 [6]. Renumbered 2011 No 27, Sch 2.48. Am 2023 (554), Sch 2.30.

40Public utility infrastructure(1)

Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.

(2)

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

cl 40: Ins 2010 (776), Sch 1 [6].

Schedule 1Main Roads

(Clause 9)

New England Highway

Putty Road (Main Road No 503)

Jerry’s Plains Road (Main Road No 213)

Wollombi Road (Main Road No 181)

Gresford Road (Main Road No 128)

Elderslie Road (Main Road No 220)

Bridgman Road (between the New England Highway and the Big Post)

Mitchell Line Road (between the New England Highway and the Putty Road)

Schedule 2Professionally qualified practitioners

(Clause 9)

Accountant

Acupuncturist

Archaeologist

Architect

Auctioneer

Biologist

Chiropractor

Clinical psychologist

Dentist

Economist

Engineer

Geologist

Homoeopath

Hypnotherapist

Insurance broker

Legal practitioner (solicitor or barrister)

Medical practitioner (general practitioner or specialist)

Naturopath

Optician

Optometrist

Orthodontist

Osteopath

Physiotherapist

Podiatrist (chiropodist)

Quantity surveyor

Speech therapist

Surveyor

Town planner

Valuer

Schedule 3Heritage items

(Clauses 21–30)

(numbers in parentheses are street numbers)

Items classified as being of State significance
  • BRANXTON

    • “Dalwood” Homestead & Outbuildings

  • LIDDELL

    Old Singleton Road

    • Former Chain of Ponds Hotel

  • SINGLETON

    Church & Bathurst Streets

    • Showground Group

    Elizabeth Street

    • Court House & Associated Buildings (39)

    George Street

    • Former Post Office

      “Ewbank”& Outbuildings

    Howe Street

    • Crail House

  • WARKWORTH

    • “Wambo”& Outbuildings

  • WHITTINGHAM

    • “Baroona”& Outbuildings

      “Minimbah”& Outbuildings

    Neotsfield Lane

    • “Neotsfield”

Items classified as being of regional significance
  • BROKE

    • General Cemetery

  • DAWSONS HILL

    • Richards Family Cemetery

  • GLENDON

    • “Glendon”& Outbuildings

  • GOORANGOOLA

    Goorangoola Road

    • “Greylands”& Outbuildings

  • GOWRIE

    Maison Dieu Road

    • Gowrie Private Cemetery

  • JERRY’S PLAINS

    Doyle Street

    • Police Station

      Public School

    Piribil Street

    • Old Anglican Cemetery

      “Arrowfield”

      “Strowan”

  • RAVENSWORTH

    • Ravensworth Homestead

  • RIX’S CREEK

    New England Highway

    • Rix’s Creek Coke Ovens

  • SINGLETON

    Bishopgate Street

    • Wade Cottage (25)

    Campbell Street

    • Residential Cottage (11)

    Castlereagh Street

    • Timber House (89)

    Cemetery Lane

    • Whittingham Anglican Cemetery

    Church & Hunter Streets

    • Uniting Church of Australia

      Former St Andrews Church

    Dangar Road

    • Lonsdale (10–12)

      Singleton District Hospital (25)

    Edinburgh Avenue

    • Pelerin (30)

    Dunolly Road

    • Dunolly Ford Bridge

    Elizabeth Street

    • Presbyterian Church Property Trust

    Flowerbank Close

    • Flowerbank (8)

    George Street

    • Bon Accord (7–9)

      Office & Residence (25–27)

      Caledonian Hotel (38–40)

      Residential & Commercial Premises (42–44)

      Pizza Hut & Offices (57)

      Singleton Historical Society Museum

      Community Arts & Crafts & Learning Centre (74)

    Goulburn Street

    • All Saints Parish Hall

    Greenwood Lane

    • “Greenwood”& Outbuildings

    Hambledon Hill Road

    • “Hambledon Hill”

    High Street

    • All Saints Church

      All Saints Rectory

      Dangar Mausoleum

      Lych Gate, All Saints Church

    John Street

    • Greater Newcastle Building Society & Credit Union (94)

      Residence, Kath’s Cottage (228)

    Kelso Street

    • Gould Brothers Timber Mill (1)

    Maitland Road & White Falls Lane

    • “Ardersier”

    Munro Street

    • Singleton Railway Station

    Putty Road

    • Glenridding Presbyterian Church Cemetery

      “Abbey Green”& Outbuildings

    Queen Street & Combo Lane

    • Museum, Sisters of Mercy Convent

      Sisters of Mercy Convent Building

      Sisters of Mercy Convent Chapel School

    Queen Street

    • Queen Street Cemetery

      St Patrick’s Church

    Townhead Crescent

    • Townhead Estate (5)

    View Street

    • Buena Vista (3)

    Waterworks Lane

    • Former Pumping Station

  • WARKWORTH

    • St Phillips Church

    Archerfield Road

    • “Archerfield” Outbuildings

  • WHITTINGHAM

    New England Highway/Haggarty’s Lane

    • Former Gates & Gate Lodge

Items classified as being of local significance
  • BELFORD

    Bell Road

    • Church of the Good Shepherd

      Former Belford Public School

      New Freugh Ruin

    Corinda Street

    • “Corinda House” Farm

    Standen Drive

    • “Kirkton” Winery & Vineyard site

  • BRANXTON

    Dalwood Road

    • “Leconfield”

  • BROKE

    • St. Andrew’s Anglican Church

      War Memorial

      Maria Immaculate R.C. Church

    Broke Road

    • Albert Hall

    Fordwich Road

    • Blaxlands House

  • BULGA

    Cobcroft Road

    • “Charlton”

    Inlet Road

    • War Memorial Gates

    Putty Road

    • “Mount Leonard”

      Mt. Leonards Public School (now Scout Hall)

  • CAMBERWELL

    • St. Clements Anglican Church

      Community Hall (C.I.)

  • ELDERSLIE

    • Elderslie Bridge

  • GLENDON

    • Anglican Timber Church

  • GLENDONBROOK

    Singleton-Gresford Road

    • “Manresa”

  • GOORANGOOLA

    Goorangoola Road, Greenlands

    • “Roselands” (Uniting Church)

  • JERRY’S PLAINS

    Pagan Street

    • Post Office & Store

      St James Anglican Church

      Jerry’s Plains Catholic Church

  • MILBRODALE

    Putty Road

    • “Milbrodale” Estate

  • MT. THORLEY

    Jerry’s Plains Road

    • Brick Farm House

  • NUNDAH

    Middle Falbrook Road

    • “Dulwich”

  • RAVENSWORTH

    New England Highway

    • Public School

  • REDBOURNBERRY

    Redbournberry Road

    • Redbournberry Bridge

  • REEDY CREEK

    Mirannie Road

    • Anglican Church

  • SCOTTS FLAT

    Glendon Road

    • “Warromean”

  • SINGLETON

    Bathurst Street

    • Residence (17)

    Bishopgate Street

    • Pelham Residence (30)

    Bowman Street

    • Bowman Street Trees

    Broughton Street

    • “Fairholme” (16)

    Cambridge Street

    • Residence (4)

      Residence (8)

    Campbell Street

    • St. Vincent De Paul Society Shop (13–15)

      House Group (17–19)

    Castlereagh Street

    • “St Elmo”

    Dangar Road

    • House (26)

      House (27)

      Cranston House (28)

      House (37)

    Dunolly Road

    • “Catron”

    Edinburgh Avenue

    • Tennis Club

    Elizabeth Street

    • House (26)

      Methodist Sunday School Hall (2)

      “Bel Glen” (4)

      Singleton Presbyterian Church Hall (7)

      “Woodbourne” (20)

      Public School Group (31)

      “Bundarra” (37)

    Frome Close

    • “Frome”

    George Street

    • Burdekin Park

      Commercial Premises (58)

      Commercial Premises & Residence (49)

    • Singleton Mowers Commercial Shop (32)

      Pines Cafe (26)

      “Percy” Hotel (65–67)

      Boer War Memorial (75)

      War Memorial (75)

      Shop (76–78)

      “Royal Hotel” (86)

      Burdekin Medical Centre (90)

      Residence (96)

    Goulburn Street

    • Brougham Place (4)

    High Street

    • “Geraldine”& Medical Centre (68)

      Residence (65)

    Hunter Street

    • Residence (8)

      Police Station (22)

      Residences (24–26)

      Public School Group

    John Street

    • The Singleton Arcade (71–75)

      Former Bakery (85)

      Westpac Bank & Shop (110–112)

      Jack Daniels Tavern (142)

      Residence (257)

      Club House Hotel (148)

      Masonic Hall (219)

      Merah (259)

      Singleton Inn

    Kent Street

    • “Glenayr” (1)

    Macquarie Street

    • “White Heather” (11)

      Terraces (37–39)

      Residences (3–5)

    Maitland and Cemetery Roads

    • Former Lairmont Hotel

    New England Highway

    • “Bebeah”, cnr Waddell’s Lane

      “The Woolpack Inn”, cnr Newington Lane

    Patrick Street

    • Roman Catholic Presbytery (6)

    Pitt Street

    • Residence (55)

    Soapsuds Lane

    • Brick Shed

    View Street

    • Water Tower (12)

      House (12)

      Cottage (16)

      Federation Bungalow (14)

    William Street

    • House (5)

      House (36)

    York Street

    • Former Police Station (79)

      Singleton High School

      Residence (66)

  • STANHOPE

    Stanhope Road

    • Johnsons Cottage

      Bendeich Cottage

  • WARKWORTH

    • Hotel Ruins

    Jerry’s Plains Road

    • Former Queen Victoria Inn (Ruins)

    Long Point Road

    • “Clifford”&“Staford” homesteads (Ruins only)

  • WESTBROOK

    Mirannie Road

    • “Spottiswood”

    Westbrook Road

    • Glen Nevis

  • WYLIES FLAT

    Hambledon Hill Road

    • Cyril Moxhams House (1910)

sch 3: Am 31.8.2001; 1.2.2002.

Schedule 4Additional land uses

(Clause 35)

Land being part of Lot 15, DP 230832, Parish of Whittingham, fronting Main Road No 181, Mount Thorley, as shown edged heavy black on the map marked “Singleton Local Environmental Plan No 58”—heavy engineering and ancillary land uses.

Land being Portion 203, Parish of Darlington, Darlington Road, Singleton—concrete batching plant and asphalt plant.

Land being Lots 1–16, Section 7, DP 758906, Parish of Whittingham and County of Northumberland, and bounded by Queen, Cambridge and Bishopgate Streets, Singleton, as shown edged heavy black and lettered “2” on the map marked “Singleton Local Environmental Plan 1996 (Amendment No 23)”—business premises, but only if the Council grants consent within 3 years from the date of commencement of Singleton Local Environmental Plan 1996 (Amendment No 23).

Land being Lot 421, DP 618632, Parish of Whittingham, 152 George Street Singleton—tile shop and motor showrooms.

Land being part of Lot 1, DP 744891, No 4403 New England Highway, Singleton, being land approximately 1.6 hectares in area immediately adjacent to the corner of Waddells Lane and the New England Highway, as delineated in “Plan of Subdivision of Proposed Motor Dealership Development, Part Lot 1 DP 744891” (Reference No W:\005305\3CA.dwg; application number SA 22/2002), being a registered surveyor’s plan deposited in the office of the Council—motor showroom and ancillary service and repair facilities.

Land being Lot 1, DP 995516, Parish of Whittingham, No 128 George Street, Singleton—building design and construction business.

Land being Lot 1 DP 196924, Parish of Whittingham, No 12 Pitt Street, Singleton—offices for use by one or more professionally qualified practitioners and their support staff.

Land being Lot 1, DP 799829, Parish of Whittingham, No 142 George Street, Singleton—professional engineering consulting business.

Land being so much of Lots 7 and 8, DP 253172, New England Highway, Singleton, as is shown cross-hatched and lettered “7” on the map marked “Singleton Local Environmental Plan 1996 (Amendment No 36)”—the erection of a single dwelling on a single lot created by the consolidation of Lots 7 and 8, DP 253172.

Land being Lot 5, DP 1058431, Parish of Sedgefield, being 208A Roughit Lane, Sedgefield—subdivision into two lots with a minimum lot size of 2 hectares.

Land being Lot 2, DP 632054, Parish of Sedgefield, being 490 Gresford Road, Sedgefield—subdivision into two lots with a minimum lot size of 2 hectares.

sch 4: Am 20.7.2001; 31.8.2001; 22.11.2002; 27.6.2003; 4.6.2004; 29.10.2004; 11.2.2005; 2006 (16), Sch 1 [3]; 2010 (402), cl 4; 2011 (236), cl 4; 2012 (318), Sch 1 [2].

Schedule 5Restrictions applying to specific land

(Clause 37)

Part Lot U, DP 81369, Parish of Whittingham, County of Northumberland, and known as part of No 4 Gas Street, Singleton, as shown edged heavy black and lettered “3” on the map marked “Singleton Local Environmental Plan 1996 (Amendment No 26)”—Decontamination of the land to the satisfaction of the Council prior to consent being granted.

sch 5: Ins 1.2.2002.

Schedule 6Prohibited development

(Clause 38)

Column 1

Column 2

So much of Lots 7 and 8, DP 253172, New England Highway, Singleton, as is within Zone 4 and shown vertically hatched on the map marked “Singleton Local Environmental Plan 1996 (Amendment No 36)”.

Development for the purpose of bus depots; generating works; helipads; heliports; junk yards; liquid fuel depots; road transport terminals; service stations; stock and sale yards; transport terminals; truck depots.

So much of Lots 7 and 8, DP 253172, New England Highway, Singleton, as is within Zone 4 and shown diagonally hatched on the map marked “Singleton Local Environmental Plan 1996 (Amendment No 36)”.

Development for the purpose of bulk stores; hazardous industries; junk yards; liquid fuel depots; offensive industries; sawmills; service stations.

sch 6: Ins 2006 (17), Sch 1 [4].

Schedule 7Classification and reclassification of public land

(Clause 39)

Part 1Land classified, or reclassified, as operational land—no interests changed

Column 1

Column 2

Locality

Description

Darlington

Part of Lot 6, DP 255886, Darlington Road, as shown edged heavy black on Sheet 4 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 81)

Elderslie

Lot 6, DP 861727, Stanhope Road, as shown edged heavy black on Sheet 2 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 81)

Mt Thorley

Lot 1, DP 36997, Putty Road, as shown edged heavy black on Sheet 1 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 81)

Sedgefield

Lots 4 and 5, DP 1017441, Gresford Road, as shown edged heavy black on Sheet 3 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 81)

Part 2Land classified, or reclassified, as operational land—interests changed

Column 1

Column 2

Column 3

Locality

Description

Any trusts etc not discharged

Pokolbin

Lots 3–5, DP 843118, Hermitage Road

Nil

Ravensworth

Lots 4–7 and 21, DP 38725, Hebden Road, known as Ravensworth Park

Nil

Singleton Heights

Part of Lot 2, DP 828371, Blaxland Avenue, known as part of Alroy Reserve, as shown edged heavy black, lettered “6 (b)” and identified as “Operational Land” on Sheet 2 of the map marked “Singleton Local Environmental Plan 1996 (Amendment No 56)

Nil

Singleton Heights

Lot 1106, DP 707427, Morrison Drive

Nil

Part 3Land classified, or reclassified, as community land

Column 1

Column 2

Locality

Description

Nil

sch 7: Ins 2010 (689), Sch 1 [4]. Am 2012 (118), Sch 1 [2] [3].

Historical notesTable of amending instruments

Singleton Local Environmental Plan 1996 published in Gazette No 81 of 5.7.1996, p 3889 (see also Gazette No 126 of 8.11.1996, p 7437) and amended in Gazettes No 89 of 26.7.1996, p 4425, No 104 of 13.9.1996, p 6379, No 26 of 14.3.1997, p 1529, No 119 of 7.11.1997, pp 9068, 9070, No 25 of 13.2.1998, p 745 and No 92 of 12.6.1998, p 4279 and as follows—

Singleton Local Environmental Plan 1996 (Amendment No 11)—Exempt and Complying Development (GG No 22 of 11.2.2000, p 910)

Singleton Local Environmental Plan 1996 (Amendment No 14) (GG No 25 of 18.2.2000, p 1245)

Singleton Local Environmental Plan 1996 (Amendment No 16) (GG No 57 of 12.5.2000, p 4051)

Singleton Local Environmental Plan 1996 (Amendment No 15) (GG No 71 of 16.6.2000, p 5027)

Singleton Local Environmental Plan 1996 (Amendment No 13) (GG No 89 of 25.5.2001, p 2910)

Singleton Local Environmental Plan 1996 (Amendment No 23) (GG No 113 of 20.7.2001, p 5495)

Singleton Local Environmental Plan 1996 (Amendment No 17) (GG No 132 of 31.8.2001, p 7434)

Singleton Local Environmental Plan 1996 (Amendment No 21) (GG No 132 of 31.8.2001, p 7436)

Singleton Local Environmental Plan 1996 (Amendment No 25) (GG No 132 of 31.8.2001, p 7437)

Singleton Local Environmental Plan 1996 (Amendment No 26) (GG No 34 of 1.2.2002, p 684)

Singleton Local Environmental Plan 1996 (Amendment No 32) (GG No 225 of 22.11.2002, p 9939)

Singleton Local Environmental Plan 1996 (Amendment No 22) (GG No 45 of 14.2.2003, p 2115)

Singleton Local Environmental Plan 1996 (Amendment No 33) (GG No 89 of 23.5.2003, p 4890)

Singleton Local Environmental Plan 1996 (Amendment No 31) (GG No 104 of 27.6.2003, p 6386)

Singleton Local Environmental Plan 1996 (Amendment No 38) (GG No 94 of 4.6.2004, p 3451)

Singleton Local Environmental Plan 1996 (Amendment No 35) (GG No 170 of 29.10.2004, p 8294)

State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590)

Singleton Local Environmental Plan 1996 (Amendment No 39) (GG No 25 of 11.2.2005, p 370)

2006

(16)

Singleton Local Environmental Plan 1996 (Amendment No 36). GG No 7 of 13.1.2006, p 118.

Date of commencement, on gazettal.

2007

(178)

Singleton Local Environmental Plan 1996 (Amendment No 40). GG No 54 of 20.4.2007, p 2401.

Date of commencement, on gazettal.

(438)

Singleton Local Environmental Plan 1996 (Amendment No 57). GG No 108 of 31.8.2007, p 6669.

Date of commencement, on gazettal.

(641)

State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003.

Date of commencement, 1.1.2008, cl 3.

(652)

Singleton Local Environmental Plan 1996 (Amendment No 52). GG No 185 of 21.12.2007, p 10467.

Date of commencement, on gazettal.

2008

(128)

State Environmental Planning Policy (Rural Lands) 2008. GG No 50 of 9.5.2008, p 3734.

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.

(639)

Singleton Local Environmental Plan 1996 (Amendment No 45). GG No 158 of 19.12.2008, p 12777.

Date of commencement, on gazettal.

2009

(176)

Singleton Local Environmental Plan 1996 (Amendment No 41). LW 15.5.2009.

Date of commencement, on publication on LW.

(402)

Singleton Local Environmental Plan 1996 (Amendment No 51). LW 14.8.2009.

Date of commencement, on publication on LW, cl 2.

2010

(261)

Singleton Local Environmental Plan 1996 (Amendment No 55). LW 18.6.2010.

Date of commencement, on publication on LW, cl 2.

(402)

Singleton Local Environmental Plan 1996 (Amendment No 58). LW 30.7.2010.

Date of commencement, on publication on LW, cl 2.

(553)

Singleton Local Environmental Plan 1996 (Amendment No 71). LW 24.9.2010.

Date of commencement, on publication on LW, cl 2.

(689)

Singleton Local Environmental Plan 1996 (Amendment No 56). LW 10.12.2010.

Date of commencement, on publication on LW, cl 2.

(776)

Singleton Local Environmental Plan 1996 (Amendment No 64). LW 24.12.2010.

Date of commencement, on publication on LW, cl 2.

2011

(236)

Singleton Local Environmental Plan 1996 (Amendment No 73). LW 13.5.2011.

Date of commencement, on publication on LW, cl 2.

No 27

Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011.

Date of commencement of Sch 2.48, 8.7.2011, sec 2 (2).

(476)

Singleton Local Environmental Plan 1996 (Amendment No 80). LW 2.9.2011.

Date of commencement, on publication on LW, cl 2.

(638)

Singleton Local Environmental Plan 1996 (Amendment No 74). LW 9.12.2011.

Date of commencement, on publication on LW, cl 2.

2012

(18)

Singleton Local Environmental Plan 1996 (Amendment No 68). LW 20.1.2012.

Date of commencement, on publication on LW, cl 2.

(19)

Singleton Local Environmental Plan 1996 (Amendment No 72). LW 20.1.2012.

Date of commencement, on publication on LW, cl 2.

(118)

Singleton Local Environmental Plan 1996 (Amendment No 81). LW 23.3.2012.

Date of commencement, on publication on LW, cl 2.

(240)

Singleton Local Environmental Plan 1996 (Amendment No 43). LW 8.6.2012.

Date of commencement, on publication on LW, cl 2.

(318)

Singleton Local Environmental Plan 1996 (Amendment No 75). LW 6.7.2012.

Date of commencement, on publication on LW, cl 2.

2013

(11)

Singleton Local Environmental Plan 1996 (Amendment No 79). LW 18.1.2013.

Date of commencement, on publication on LW, cl 2.

(182)

Singleton Local Environmental Plan 1996 (Amendment No 37). LW 3.5.2013.

Date of commencement, on publication on LW, cl 2.

No 111

Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013.

Date of commencement of Sch 3.26, 3.1.2014, sec 2 (1).

2019

(621)

State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019.

Date of commencement of Sch 2.16, 15.1.2020, cl 2(1).

(659)

State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019.

Date of commencement, 1.2.2020, cl 2.

2020

(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.

2021

(716)

State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

(629)

State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022.

Date of commencement, 21.11.2022, sec 2.

2023

(524)

State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023.

Date of commencement, 1.11.2023, sec 2.

(554)

State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023.

Date of commencement, 1.10.2023, sec 2.

Table of amendments

Cl 2

Am 2020 (724), Sch 2[1].

Cl 9

Am 26.7.1996; 13.9.1996; 14.3.1997; 7.11.1997; 13.2.1998; 12.6.1998; 11.2.2000; 16.6.2000; 20.7.2001; 31.8.2001; 1.2.2002; 14.2.2003; 23.5.2003; 2006 (17), Sch 1 [1]; 2007 (178), Sch 1 [1] [2]; 2007 (438), Sch 1 [1] [2]; 2007 (641), Sch 5.38 [1] [2]; 2008 (128), Sch 1.58 [1]; 2008 (639), Sch 1 [1]; 2009 (176), Sch 1 [1] [2]; 2009 (402), Sch 1 [1]; 2010 (261), Sch 1 [1]–[3]; 2010 (553), cl 4; 2010 (689), Sch 1 [1] [2]; 2010 (776), Sch 1 [1]–[3]; 2011 (476), cl 4 (1) (2); 2011 (638), cl 4; 2012 (18), Sch 1 [1] [2]; 2012 (19), Sch 1 [1] [2]; 2012 (118), Sch 1 [1]; 2012 (240), Sch 1 [1] [2]; 2012 (318), Sch 1 [1]; 2013 (11), Sch 1 [1] [2]; 2013 (182), Sch 1 [1] [2]; 2013 No 111, Sch 3.26; 2019 (621), Sch 2.16[1].

Cl 11

Am 2007 (178), Sch 1 [3]; 2008 (128), Sch 1.58 [2]; 2010 (261), Sch 1 [4] [5]; 2012 (19), Sch 1 [3].

Cl 12

Am 12.5.2000; 2008 (128), Sch 1.58 [3]; 2012 (19), Sch 1 [4].

Cl 13

Am 7.11.1997; 18.2.2000. Rep 2008 (128), Sch 1.58 [4].

Cl 14A

Ins 2007 (178), Sch 1 [4]. Am 2007 (438), Sch 1 [3]; 2009 (176), Sch 1 [3]; 2010 (261), Sch 1 [6].

Cl 14B

Ins 2008 (639), Sch 1 [2]. Am 2010 (261), Sch 1 [6]; 2010 (776), Sch 1 [4]; 2021 (716), Sch 1.24[1] [2]; 2023 (554), Sch 2.30.

Cl 14C

Ins 2009 (402), Sch 1 [2]. Am 2010 (261), Sch 1 [6].

Cl 14D

Ins 2010 (261), Sch 1 [7].

Cl 14E

Ins 2010 (776), Sch 1 [5].

Cl 14F

Ins 2012 (18), Sch 1 [3].

Cl 14G

Ins 2012 (240), Sch 1 [3]. Subst 2013 (182), Sch 1 [3].

Cl 14H

Ins 2013 (11), Sch 1 [3]. Rep 2013 (182), Sch 1 [3].

Cl 15

Am 2007 (178), Sch 1 [5]; 2008 (639), Sch 1 [3]; 2009 (176), Sch 1 [4]; 2010 (261), Sch 1 [8].

Cl 16

Am 2012 (19), Sch 1 [5].

Part 3, table

Am 11.2.2000; 2012 (19), Sch 1 [6] [7].

Cl 17

Am 7.11.1997; 2008 (128), Sch 1.58 [5].

Cl 17A

Ins 2008 (128), Sch 1.58 [6].

Part 4, table

Am 11.2.2000; 2007 (178), Sch 1 [6]; 2012 (19), Sch 1 [8]–[10].

Part 5, table

Am 11.2.2000; 2007 (652), Sch 1 [1] [2]; 2008 (639), Sch 1 [4]; 2009 (176), Sch 1 [5]; 2010 (261), Sch 1 [9]; 2012 (19), Sch 1 [11]–[13].

Part 6, table

Am 11.2.2000; 2010 (261), Sch 1 [10].

Part 7, table

Am 11.2.2000; 25.5.2001; 2010 (261), Sch 1 [10].

Part 8, table

Am 11.2.2000; 12.5.2000; 2010 (261), Sch 1 [11].

Cl 19A

Ins 12.5.2000.

Cl 22

Am 2008 (571), Sch 3.161 [1].

Cl 23

Am 17.12.2004. Rep 2008 (571), Sch 3.161 [2].

Cl 24

Rep 17.12.2004.

Cl 25

Am 2008 (571), Sch 3.161 [3]. Rep 2021 (716), Sch 1.24[3].

Cl 29

Rep 2021 (716), Sch 1.24[3].

Cl 30

Am 17.12.2004; 2008 (571), Sch 3.161 [4].

Cl 31A

Ins 11.2.2000.

Cl 34

Am 2008 (571), Sch 3.161 [5]–[8]; 2021 (716), Sch 1.24[4].

Cl 36

Am 25.5.2001.

Cl 36A

Ins 2023 (524), Sch 1.1[3].

Cl 37

Ins 1.2.2002.

Cl 38

Ins 2006 (17), Sch 1 [2].

Cl 39

Ins 2010 (689), Sch 1 [3]. Am 2019 (621), Sch 2.16[2].

Cl 39AA

Ins 2019 (659), Sch 1.26. Am 2023 (524), Sch 1.1[1].

Cll 39AB–39AD

Ins 2019 (659), Sch 2.26.

Cl 39AE

Ins 2020 (724), Sch 3.

Cl 39AF

Ins 2022 (629), Sch 2[4].

Part 11

Ins 2010 (776), Sch 1 [6].

Cl 39A (previously cl 39)

Ins 2010 (776), Sch 1 [6]. Renumbered 2011 No 27, Sch 2.48. Am 2023 (554), Sch 2.30.

Cl 40

Ins 2010 (776), Sch 1 [6].

Sch 3

Am 31.8.2001; 1.2.2002.

Sch 4

Am 20.7.2001; 31.8.2001; 22.11.2002; 27.6.2003; 4.6.2004; 29.10.2004; 11.2.2005; 2006 (16), Sch 1 [3]; 2010 (402), cl 4; 2011 (236), cl 4; 2012 (318), Sch 1 [2].

Sch 5

Ins 1.2.2002.

Sch 6

Ins 2006 (17), Sch 1 [4].

Sch 7

Ins 2010 (689), Sch 1 [4]. Am 2012 (118), Sch 1 [2] [3].

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