Wingecarribee Local Environmental Plan 1989 (NSW)
This plan may be cited as Wingecarribee Local Environmental Plan 1989.
The principal aim of this plan is to provide planning controls for the Shire of Wingecarribee and to update and consolidate into one instrument the various planning controls that currently apply to the area.
The particular aims of this plan are to:
(a) divide land into the zones referred to in clause 8 and to achieve in respect of land within each of those zones the objectives specified for that land in the Table to clause 9,
(b) ensure that growth and development in the Shire of Wingecarribee occur in a way which preserves existing environmental qualities and minimises adverse environmental impacts,
(c) provide sufficient land for all uses in accordance with anticipated growth so as to provide a reasonable balance between supply and demand,
(d) protect the agricultural production potential of rural land and prevent fragmentation of viable agricultural holdings, particularly where land is designated as being of prime crop and pasture potential,
(e) protect areas of high landscape value as well as both natural and man-made areas of conservation and recreation significance,
(f) provide for the continued needs of tourism and to concurrently introduce measures to protect and preserve both the scenic qualities of prime agricultural land and those existing scenic and environmental features which are likely to promote tourism, including inland waterways and wetlands, lakes, escarpments and prominent mountain ranges,
(g) discourage ribbon development along main and arterial roads,
(h) encourage the provision of employment opportunities for local residents,
(i) provide a variety of residential environments to cater for differing lifestyles and income levels,
(j) promote and enhance the viability of existing commercial and industrial centres within the Shire of Wingecarribee,
(k) ensure adequate provision of recreation and community facilities for existing and future populations,
(l) recognise the necessity to ensure identified extractive resources and mineral deposits are not rendered sterile by future development but at the same time to ensure that their subsequent extraction and transportation to markets is undertaken in an environmentally acceptable manner,
(m) recognise the financial constraints likely to be encountered by the council in the provision and maintenance of additional services required for an expanding population,
(n) provide for multiple occupancy development on rural land which is not of prime crop and pasture classification,
(o) prevent, on the fringe of urban areas, the development of land that will prejudice the proper layout of additional urban areas as a result of natural growth, and
(p) conserve the environmental heritage of the Shire of Wingecarribee.
This plan applies to the land shown by distinctive colouring and marking on the map marked “Wingecarribee Local Environmental Plan 1989”.
This plan repeals:
(a) Interim Development Order No 43—Municipality of Bowral,
(b) Interim Development Order No 2—Shire of Wingecarribee,
(c) Bowral Local Environmental Plan No 1,
(d) Wingecarribee Local Environmental Plans Nos 3, 7, 9, 14, 15, 18, 19, 21, 24, 26–44, 46–51, 53–63, 65–70, 72–94, 96, 98–122, 124, 126–132.
This plan excludes the application of clauses 9 and 10 of State Environmental Planning Policy No 4—Development Without Consent to the carrying out of certain development in conservation areas.
This plan excludes the application of State Environmental Planning Policy No 15—Multiple Occupancy of Rural Land to land within the Shire of Wingecarribee by omitting the word “Wingecarribee” from Schedule 1 to that policy.
Part 3 of State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision does not apply to land within Zone No 2 (a), 2 (a1), 2 (b) or 2 (c).
In this plan:
(a) auto-electrician’s workshop,
(b) auto spare parts sales,
(c) car repair station,
(d) service station,
(e) tyre sales and repair and battery sales.
(a) a public library, rest-rooms, meeting rooms or facilities comprising or relating to recreation, child minding (including care and ancillary education), cultural activities, social functions or like purposes, or
(b) a local community club, being a building or place used by persons sharing like interests, but not including a registered club within the meaning of the Registered Clubs Act 1976,
whether or not that building or place is also used for another purpose.
(a) in the case of an exhibition garden on land located in Zone No 1 (a), 1 (b), 1 (c), 5 (c), 7 (a) or 7 (b)—for more than 21 days but not more 120 days each year, or
(b) in the case of an exhibition garden on land located in Zone No 2 (a), 2 (a1), 2 (a2), 2 (b) or 2 (c)—for more than 21 days but not more than 60 days each year,
whether or not information concerning the garden is provided at the garden.
(a) any car parking space in the building provided to meet the standards required by the council (other than car parking spaces provided in excess of those standards) or any internal access to any such car parking space,
(b) space used for the loading or unloading of goods,
(c) lift towers, cooling towers, machinery or plant rooms or any related storage space, or
(d) any ducts, vents, staircases or lift wells.
(a) a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the council and the site of which is described in Schedule 2, 3 or 4 and shown by a black triangle on the map, or
(b) a place described as a place of Aboriginal heritage significance in the Aboriginal Heritage Information System maintained by the Department of Environment and Conservation.
(a) the building is not to occupy a floor space exceeding 100 square metres and is to be erected within the curtilage of a building containing a dwelling occupied by the person carrying on the enterprise,
(b) the enterprise is to be carried on, on a site with a minimum allotment size of 2,000 square metres,
(c) the industry, business or other commercial use that comprises the enterprise must not:
(i) interfere with the amenity of the locality by reason of the emission of noise, vibrations, smells, fumes, smoke, vapour, steam, soot, ash, waste water, waste products or grit, oil or otherwise, or
(ii) involve exposure to view from any adjacent premises or any public place of any unsightly matter including any work, display or storage associated with the enterprise, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality,
(d) all the activities of the enterprise are to be conducted within an enclosed building,
(e) at least 3 car parking spaces are to be provided on the land on which the enterprise is being carried on,
(f) at least one of the residents of the associated dwelling is to be employed in the enterprise,
(g) the retailing of products is to be ancillary to the main activity of the enterprise and is generally to relate only to those items produced on the on the site of the enterprise or associated with the main activity of the enterprise.
(a) in the case of a winery, the processing of wine from grapes grown substantially in the vineyard where the winery operates, and from predominantly locally grown other grapes, and may include the sale of such wine at the winery, and
(b) in any other case, the handling, treating, processing or packaging of predominantly locally grown or produced primary agricultural or horticultural products, and may include the sale of such products, but only in the circumstance where those products are sold from premises located on the land where the products are substantially grown or produced,
but does not include the production of products at wool scours, abattoirs, knackeries, rabbit killing works, poultry processing establishments or other livestock processing works.
(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
(a) that is specified in an inventory of heritage items available at the office of the council, described in the inventory as a potential archaeological site and shown on the map by a blue triangle, or
(b) that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified.
(a) that is specified in an inventory of heritage items available at the office of the council and described in the inventory as a potential place of Aboriginal heritage significance, or
(b) that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.
(a) a children’s playground,
(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 purpose of the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse or showground.
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of Wingecarribee and that is a fixture or is wholly or partly within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains of any age) relating to Aboriginal habitation of Wingecarribee.
(a) the making of structural changes to the outside of the building or work, or
(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.
The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.
• Wingecarribee Local Environmental Plan 1989 (Amendment No 2)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 5)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 6)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 10)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 12)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 13)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 14)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 15)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 16)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 18)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 19)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 20)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 21)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 22)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 23)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 27)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 28)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 29)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 31)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 33)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 35)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 37)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 39)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 40)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 42)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 45)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 46)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 47)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 48)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 55)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 58)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 59)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 60)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 61)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 64)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 67)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 73)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 74)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 76)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 80)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 81)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 82)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 83)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 84)—Sheet 1
• Wingecarribee Local Environmental Plan 1989 (Amendment No 85)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 87)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 88)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 90)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 91)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 94)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 95)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 96)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 99)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 101)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 102)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 105)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 106)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 107)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 109)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 117)
• Wingecarribee Local Environmental Plan 1989 (Amendment No 118)
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,
(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 specified in the Table to clause 9 is a reference to land shown on the map in the manner specified in clause 8 as the means of identifying land of the zone so specified.
Notes included in this plan do not form part of this plan.
The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of
Exempt development is development listed in Schedule 7, except as provided by subclauses (2) and (3).
Development is exempt development only if:
(a) it does not cause interference with the amenity of the neighbourhood or natural environment because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and
(b) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(c) it complies with any relevant standards and other requirements set for the development by this plan and by Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999 and any other environmental planning instrument applying to the land on which it is proposed to be carried out, and
(d) it does not restrict any vehicular or pedestrian access to or from the site, and
(e) it does not result in the reduction of Council approved car parking on site, and
(f) it does not require any exotic tree above 3 metres high, or any native tree, shrub or heath, or natural landscape features such as rock faces, scattered rocks and the like, to be removed, and
(g) it incorporates materials and colours, used in any construction, that are non-reflective, and
(h) it is located behind the primary and secondary building line applying to the land as described in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, except if the development is a fence, and
(i) any new building, structure or work is located no closer than 1 metre from each adjoining property boundary (except if the development is a fence) or as otherwise provided by this plan, and
(j) any stormwater arising from any building, structure or work is disposed of in such a manner as not to have any adverse or nuisance impact on any adjoining land, and in the case of any building or structure with a roof or involved with the interception of water, such building or structure is provided with appropriate water collection and disposal devices that are connected either to a water tank or to an existing approved stormwater system, and
(k) it is carried out at least 1 metre from any easement or public sewer or water main and is located outside of the area of influence (as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and
(l) no building or structure occupies land designated for use or used for on-site effluent disposal including absorption trenches, transpiration beds or irrigation areas, and
(m) it does not involve the provision of additional bath, shower, kitchen water closet or laundry facilities, and
(n) no more than 40 percent of the total area of the land is occupied by buildings, and
(o) the development does not contravene any condition of a development consent applying to the land, and
(p) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land.
Development is not exempt development if it is carried out on land that:
(a) is the site of an item of environmental heritage, or
(b) is an Aboriginal place or an Aboriginal relic under the National Parks and Wildlife Act 1974, or
(c) is within a Heritage Conservation Area, or
(d) is within the Berrima Visual Catchment Area as described by Development Control Plan No 14 (Historic Berrima) adopted by the Council on 18 September 1989, or
(e) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(f) is an aquatic reserve declared under the Fisheries Management Act 1994, or
(g) has been identified by the Council as a contaminated or potentially contaminated site within the meaning of State Environmental Planning Policy No 55—Remediation of Land, or
(h) has been previously used as a service station or for the storage of oils or fuel substances, a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to Wingecarribee Shire Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or
(i) has been identified by the Council as being unhealthy building land, or
(j) is within 40 metres of the top bank of a watercourse located in a Rural or Special Uses (Water Catchment) Zone, but not if the development is a fence, minor building maintenance or alterations, or home occupation, or
(k) is within an Environmental Protection Zone, or
(l) is within a proclaimed Mine Subsidence District, or
(m) is State protected land within the meaning of the Native Vegetation Conservation Act 1997.
Section 76 of the Act says that exempt development cannot be carried out on land that is:
(a) critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or
(b) within a wilderness area (within the meaning of the Wilderness Act 1987).
Complying development is development listed in Schedule 8 if:
(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b) it is not integrated development, as defined in section 91 of the Act, and
(c) it is not an existing use, as defined in section 106 of the Act,
except as provided by subclauses (2) and (3).
Development is complying development only if:
(a) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and
(b) it will comply with the requirements and achieve the outcomes listed under the heading “Development standards” in Schedule 8 for the development, and
(c) it complies with the relevant development standards set for the development by this plan and by Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and any other environmental planning instrument applying to the land on which it is proposed to be carried out, and
(d) it is located behind the primary and secondary building line as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and
(e) any new building, structure or work is located no closer than 1 metre from each adjoining property boundary, except where otherwise provided by this plan, and
(f) any new building, structure or work does not incorporate the use of highly reflective materials or colours, and
(g) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, that apply to the land, and
(h) it does not contravene any condition of a development consent applying to the land, and
(i) approval for water, stormwater and sewerage services including on-site effluent disposal and connection to off-site services has been obtained from the Council, if required, and
(j) approval to locate within the area of influence (as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999) of a public sewer main has been obtained from the Council, if required, and
(k) approval to locate development over an easement has been obtained from the Council or relevant authority, if required, and
(l) approval for a footpath crossing has been obtained from the Council, if required, and
(m) approval to breach a covenant to which the Council is a beneficiary, has been obtained from the Council, if required, and
(n) it does not involve any prefabricated, moveable or resited building.
Section 76A (6) of the Act says that the following development cannot be complying development:
(a) State significant development,
(b) designated development,
(c) any development, if consent for it requires the concurrence of a person (other than the consent authority or the Director-General of the National Parks and Wildlife as referred to in section 79B (3) of the Act).
Development is not complying development if it is carried out on land that:
(a) is identified by the Council as contaminated or potentially contaminated land, or
(b) is a site that has been previously used as a service station or a sheep or cattle dip or for the storage of oil and fuel products, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or
(c) is identified by the Council as unhealthy building land, or
(d) is determined to be potentially affected by inundation by flooding in accordance with subclause 4, or
(e) is determined to be likely to be subject to geotechnical instability in accordance with subclause 5, or
(f) is determined to be subject to a medium, high or extreme bushfire risk within the meaning of the Building Code of Australia, or
(g) is not serviced by a formed all-weather road constructed to the standard required in Development Control Plan No 44 (Requirements for the Erection of Buildings) Appendix 5 “Policy for the Upgrade of Unformed Roads” adopted by the Council on 8 December 1999, or
(h) is located within a water or sewer reticulation area or an area proposed by the Council for use as such, but has not been serviced by a reticulation system up to the boundary of the land, or
(i) is not serviced by a reticulated sewerage scheme, or is unsewered land within a special area or hydrological catchment within the meaning of State Environmental Planning Policy No 58—Protecting Sydney’s Water Supply, or
(j) is an Aboriginal place or an Aboriginal relic under the National Parks and Wildlife Act 1974, or
(k) is an item of environmental heritage as listed in an environmental planning instrument, or
(l) shares a common boundary with an item of environmental heritage as listed in an environmental planning instrument, or
(m) is within a Heritage Conservation Area identified in this plan or any other environmental planning instrument, or is within the Berrima Visual Catchment Area as described by Development Control Plan No 14 (Historic Berrima) adopted by the Council on 18 September 1989, or
(n) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(o) is an aquatic reserve declared under the Fisheries Management Act 1994, or
(p) is State protected land within the meaning of the Native Vegetation Conservation Act 1997, or
(q) is within 40 metres of the top bank of a water course, or
(r) is within an Environmental Protection Zone or is reserved for acquisition by a public authority as identified in an environmental planning instrument, or
(s) is within a proclaimed Mine Subsidence District.
Section 76A (6) of the Act says that development cannot be complying development on land that:
(a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or
(b) is within a wilderness area (within the meaning of the Wilderness Act 1987), or
(c) comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or
(d) is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.
A complying development certificate issued for any such development is subject to the conditions for the development prescribed by the Environmental Planning and Assessment Regulation 1994.
In determining whether land is potentially affected by inundation by flooding pursuant to subclause (3) (d) an assessment must be made of whether the land:
(a) has been identified by information, data and reports held by the Council as being likely to be subject to flood inundation, and
(b) is partly or wholly located within the banks of a watercourse, and
(c) is partly or wholly located within a floodplain, and
(d) is wholly or partly within 3 metres elevation of the bed of a watercourse, and
(e) has a written or oral history of being subject to flood inundation, and
(f) shows any evidence of previous flood inundation.
In determining whether land is likely to be subject to geotechnical instability pursuant to subclause (3) (e), an assessment must be made of whether the land:
(a) has been identified by information, data and reports held by the Council as being likely to be subject to geotechnical instability, and
(b) has a slope in excess of 15 degrees from the horizontal, and
(c) exhibits shrink/swell characteristics, and
(d) exhibits evidence of previous mass surface movement including but not limited to hummocking of top soil, trees showing trunks leaning in a downhill direction, and man made structures leaning in a downhill direction, and
(e) demonstrates or has a history of waterlogged soils, and
(f) contains or is affected by a spring, and
(g) exhibits soil profiles with a high clay content, and
(h) contains fill of a depth in excess of 300 millimetres, and
(i) has a written or oral history of instability or shrink/swell conditions.
A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999.
The council shall be the consent authority for the purposes of this plan.
For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone.
• Zone No 1 (a) (Rural “A” Zone)—shown with heavy black edging and lettered “1 (a)”.
• Zone No 1 (b) (Rural “B” Zone)—shown with heavy black edging and lettered “1 (b)”.
• Zone No 1 (c) (Rural (Smallholdings) Zone)—shown with heavy black edging and lettered “1 (c)”.
• Zone No 1 (f) (Forest Zone)—shown with heavy black edging and lettered “1 (f)”.
• Zone No 2 (a) (Residential “A” Zone)—shown with heavy black edging and lettered “2 (a)”.
• Zone No 2 (a1) (Residential “A1” Zone)—shown with heavy black edging and lettered “2 (a1)”.
• Zone No 2 (a2) (Residential “A2” Zone)—shown with heavy black edging and lettered “2 (a2)”.
• Zone No 2 (b) (Residential “B” Zone)—shown with heavy black edging and lettered “2 (b)”.
• Zone No 2 (c) (Village or Township Zone)—shown with heavy black edging and lettered “V”.
• Zone No 3 (a) (Business Zone)—shown with heavy black edging and lettered “3 (a)”.
• Zone No 3 (b) (Business (Special) Zone)—shown with heavy black edging and lettered “3 (b)”.
• Zone No 4 (a) (Industrial Zone)—shown with heavy black edging and lettered “4 (a)”.
• Zone No 4 (b) (Light Industrial Zone)—shown with heavy black edging and lettered “4 (b)”.
• Zone No 5 (a) (Special Uses “A” Zone)—shown with heavy black edging and lettered “5 (a)”.
• Zone No 5 (b) (Special Uses “B” (Railways) Zone)—shown with heavy black edging and lettered “5 (b)”.
• Zone No 5 (c) (Special Uses “C” (Water Catchment) Zone)—shown with heavy black edging and lettered “5 (c)”.
• Zone No 6 (a) (Open Space (Existing Recreation) Zone)—shown with heavy black edging and lettered “6 (a)”.
• Zone No 6 (b) (Open Space (Private Recreation) Zone)—shown with heavy black edging and lettered “6 (b)”.
• Zone No 6 (c) (Open Space (Special Purposes) Zone)—shown with heavy black edging and lettered “6 (c)”.
• Zone No 6 (d) (Proposed Recreation Reservation Zone)—shown with heavy black edging and lettered “6 (d)”.
• Zone No 7 (a) (Environmental Protection Zone)—shown with heavy black edging and lettered “7 (a)”.
• Zone No 7 (b) (Environmental Protection (Landscape Conservation) Zone)—shown with heavy black edging and lettered “7b”.
• Zone No 8 (a) (Existing National Parks and Nature Reserves Zone)—shown with heavy black edging and lettered “8 (a)”.
• Zone No 9 (a) (Proposed Arterial Road Zone)—shown with heavy black edging and lettered “9 (a)”.
• Zone No 9 (b) (Proposed Local Road Zone)—shown with heavy black edging and lettered “9 (b)”.
• Zone No 9 (c) (Reservation Special Uses (Parking etc Zone)—shown with heavy black edging and lettered “9 (c)”.
The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.
Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:
(a) development may be carried out without development consent,
(b) development may be carried out only with development consent, and
(c) development is prohibited,
are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.
Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.
The objectives of this zone are:
(a) to provide suitable land for agricultural use,
(b) to regulate the subdivision of rural land to ensure that actual or potentially productive land is not withdrawn from production and to prevent the fragmentation of viable rural holdings, particularly in those areas designated as having prime crop and pasture potential,
(c) to ensure identified extractive resources and mineral deposits are not rendered sterile from incompatible land usage,
(d) to enable mining and extractive industry to occur in an environmentally acceptable manner,
(e) to ensure subdivision is designed to maximise the retention of natural vegetation and to minimise the potential for significant alterations to the natural landform by way of construction of access driveways, excavations, filling and the like,
(f) to enable development for the purposes of tourism and recreation to occur in an environmentally acceptable manner,
(g) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires and flooding,
(h) to recognise that rural localities cannot be economically provided with the level of services that apply in urban locations, and
(i) to recognise the value of the rural scenic landscape to the local tourist economy and to protect these areas from small holding rural subdivision.
Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming); dams; exempt development as defined in clause 6A; recreation gardens.
Any purpose other than a purpose included in Item 2 or 4.
Advertising structures; automotive businesses; boarding-houses; bulk stores; car repair stations; cluster housing; commercial premises; gas holders; generating works; industries (other than rural industries, local rural industries, extractive industries, offensive or hazardous industries or home industries); junk yards; liquid fuel depots; motor showrooms; recreation facilities; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport terminals; rural workers’ dwellings; sale of bulky goods; service stations; shops (other than general stores having a floor area no greater than 100 square metres); showrooms; transport terminals; warehouses.
The objectives of this zone are:
(a) to provide suitable land for agricultural use,
(b) to discourage ribbon development and inappropriate traffic generating development along main and arterial roads, and
(c) to encourage development which is related to the agricultural use of land within the zone.
Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming); dams; exempt development as defined in clause 6A; recreation gardens.
Any purpose other than a purpose included in Item 2 or 4.
Abattoirs; advertising structures; amusement parks; animal boarding establishments; automotive businesses; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; clubs; cluster housing; commercial gardens; commercial premises; drive-in theatres; gas holders; general stores; generating works; hotels; industries (other than rural, local rural or home industries); junk yards; liquid fuel depots; mines; motels; motor showrooms; recreation establishments; recreation facilities; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport depots or terminals; roadside stalls; rural workers’ dwellings; sale of bulky goods; sawmills; service stations; shops; showrooms; stock and sale yards; timber yards; tourist facilities; transport terminals; warehouses.
The objectives of this zone are:
(a) to accommodate demands for rural residential use, rural retreats and hobby farms and confine those forms of development generally to areas not being of prime crop and pasture potential or where existing services are available or may be reasonably extended,
(b) to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires and flooding, and does not detract from the scenic quality of the rural area,
(c) to provide for such community uses as are necessary to meet community needs in this zone,
(d) to specify, by means of a development control plan, minimum allotment sizes for areas within the zone, and
(e) to ensure that small holding zones are not sited in localities that have been identified for future residential expansion.
Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming); dams; exempt development as defined in clause 6A; recreation gardens.
Any purpose other than a purpose included in Item 2 or 4.
Abattoirs; advertising structures; amusement parks; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; cluster housing; commercial gardens; commercial premises; gas holders; generating works; industries (other than home industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport depots or terminals; rural workers’ dwellings; sale of bulky goods; sawmills; service stations; shops; stock and sale yards; timber yards; transport terminals; warehouses.
The objective of this zone is to identify State forests.
Any purpose authorised under the Forestry Act 1916.
Any purpose ordinarily incidental to a purpose authorised under the Forestry Act 1916.
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to maintain, and to provide for, areas with a low density residential character,
(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area or the amenity enjoyed by residents located within the area,
(c) to specify, by means of a development control plan, minimum allotment sizes for specific areas within the zone, and
(d) to set aside, by means of a development control plan, specific areas within the zone for motel development.
Exempt development as defined in clause 6A; recreation gardens.
Advertising structures; bed and breakfast establishments; boarding-houses; child care centres; clubs; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; exhibition houses; general stores having a floor space no greater than 100 square metres; home industries; hospitals; motels; places of public worship; professional consulting rooms; stables; units not exceeding 2 storeys for aged persons; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to retain and provide a low density residential character in environmentally sensitive localities, and
(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area or the amenity enjoyed by residents located within the area.
Exempt development as defined in clause 6A; recreation gardens.
Bed and breakfast establishments; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; home industries; hospitals; places of public worship; stables; units not exceeding one storey for aged persons; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to identify and conserve rural villages with a predominantly small scale residential character and traditional form of subdivision layout, buildings, streets and landscape setting,
(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of a small scale rural village,
(c) to provide for a range of land use activities which are compatible with a small scale rural village,
(d) to specify, by means of a development control plan, design guidelines for development including subdivision, built form and streetscape.
Exempt development as defined in clause 6A; recreation gardens; recreation gardens.
Bed and breakfast establishments; child care centres; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; general stores; home enterprises; home industries; hospitals; professional consulting rooms; places of public worship; refreshment rooms; stables; units not exceeding one storey for aged persons; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to provide for a variety of medium density housing forms including detached housing, villas, town houses and flats,
(b) to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area,
(c) to specify, by means of a development control plan, density and performance standards for residential flat buildings for areas within the zone, and
(d) to set aside, by means of a development control plan, specific areas within the zone for motel development.
Exempt development as defined in clause 6A; recreation gardens.
Advertising structures; bed and breakfast establishments; boarding houses; child care centres; clubs; cluster housing; community facilities; dwelling-houses; educational establishments; exhibition gardens; exhibition houses; general stores having a floor area no greater than 100 square metres; home industries; hospitals; motels; places of public worship; professional consulting rooms; residential flat buildings; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to identify land for a variety of urban purposes within small urban communities.
Exempt development as defined in clause 6A; recreation gardens.
Any purpose other than a purpose included in Item 2 or 4; dwelling-houses.
Commercial gardens; extractive, offensive or hazardous industries; institutions; junk yards, within 90 metres of a main road; mines.
The objectives of this zone are:
(a) to recognise and maintain Bowral’s predominance as the prime business and retail centre for the Tablelands subregion,
(b) to recognise and maintain the support functions performed by the smaller business centres in Mittagong and Moss Vale,
(c) to identify a small business centre at East Bowral and within the villages of Bundanoon, Welby and Berrima,
(d) to set aside, by means of a development control plan, specific areas within the zone for automotive, agricultural and building industry businesses, and
(e) to identify, by means of a development control plan, performance standards for areas in the zone relating to such matters as floor space ratio, building height, car parking provision and the like.
Exempt development as defined in clause 6A; recreation gardens.
Any purpose other than a purpose included in Item 2 or 4.
Bulk stores; bus depots; caravan parks; drive-in theatres; dwelling-houses or dwellings (other than those attached to or used in conjunction with a purpose included in Item 3); extractive industries; generating works; home industries; industries; junk yards; liquid fuel depots; mines; panel-beating and spraypainting; road transport depots or terminals; sale of bulky goods; sawmills; showrooms; stables; stock and saleyards; tourist facilities; transport terminals; units for aged persons; warehouses.
The objective of this zone is to provide for a variety of land uses (not including retailing functions) that are better suited to the non-core areas of business centres due to their dependence on vehicular access, scale of development and need to occupy large site areas to accommodate on-site parking and other conveniences relating to those land uses.
Exempt development as defined in clause 6A; recreation gardens.
Advertising structures; automotive businesses; builders’ supply yards; building products showrooms; commercial premises; hardware shops; motels; motor showrooms; places of public worship; plant nurseries; produce stores; real estate offices; recreation facilities (other than a billiard saloons and fun parlours); refreshment rooms; sale of bulky goods; showrooms; take-away food shops; tourist facilities.
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to encourage the establishment of industries where a broad range of industrial purposes may be permitted, and
(b) to permit associated commercial and retail development where it relates to the use of the land within the zone for industrial purposes.
Exempt development as defined in clause 6A; recreation gardens.
Advertising structures; builders’ supply yards; building products showrooms; bus depots; car repair stations; drainage; dwellings used in conjunction with a purpose included in Item 4; hardware shops; industries (other than offensive or hazardous industries); institutions; junk yards; liquid fuel depots; motor showrooms; panelbeating and spraypainting; places of public worship; printing works; produce stores; recreation areas; recreation facilities; retail plant nurseries; road transport depots or terminals; sale of bulky goods; service stations; shops referred to in Schedule 1; showrooms; transport terminals; utility installations; veterinary surgeons’ establishments; warehouses.
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to provide for a variety of light industrial and a limited range of other activities, which are compatible with nearby residential development and which will not detrimentally affect the viability of any business centre, and
(b) to provide for the retailing of bulky goods within light industrial areas, and
(c) to permit ancillary commercial and retail development where it relates to the use of the land within the zone for light industrial purposes.
Exempt development as defined in clause 6A; recreation gardens.
Advertising structures; automotive businesses (other than service stations); builders’ supply yards; building products showrooms; drainage; dwellings used in conjunction with another purpose included in this Item; hardware shops; light industries; milk bars and sandwich shops; produce stores; recreation facilities; retail plant nurseries; roads; sale of bulky goods; utility installations; veterinary surgeons’ establishments; warehouses.
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to make provision for the purposes of a variety of special uses identified on the map such as garbage depots, reservoirs, car parking etc and to make provision for any purposes ordinarily incidental or subsidiary to those uses.
Recreation gardens.
The particular purpose indicated by black lettering on the map or purposes ordinarily incidental or subsidiary to that purpose; drainage; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to provide for any railway purpose or purpose ordinarily incidental or subsidiary to a railway purpose.
Recreation gardens.
Railway purposes (including any purpose ordinarily incidental or subsidiary to those purposes); drainage; open space; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to protect land which is designated as being part of a water catchment from incompatible land uses.
Dams; recreation gardens; water catchment.
Agriculture (other than dog breeding or boarding, lot feeding of livestock, poultry farming and pig keeping); any purpose ordinarily incidental or subsidiary to water catchment; bed and breakfast establishments; drainage; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; extractive industries; forestry; mines; parks; playing fields; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to provide land for public recreation purposes.
National parks; state recreation areas; recreation gardens; works for the purposes of landscaping, gardening or bush fire hazard reduction.
Agriculture; camping grounds; caravan parks; children’s playgrounds; drainage; drill grounds; forestry; parks; public baths; public reserves; racecourses; recreation areas; refreshment rooms; roads; showgrounds; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the council; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to provide land for private recreation purposes (including clubs and commercial premises associated with the prime recreation purpose) and for private recreation areas (including areas containing recreational areas with leases on Crown land).
Recreation gardens.
Bowling greens; camping grounds; caravan parks; drainage; golf courses; racecourses; recreation establishments; recreational facilities; refreshment rooms; showgrounds, sportsgrounds and training tracks (including clubs and commercial premises in connection with those purposes and dwelling-houses and residential buildings required for use or occupation by persons employed in connection with those purposes); utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to identify areas having special open space significance such as State forests and passive recreation areas.
Any purpose authorised under the Forestry Act 1916; recreation gardens.
Agriculture; camping; caravan parks; drainage; extractive industries; forestry; mines; recreation; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to identify land not in public ownership which is proposed to be acquired for the purposes of public open space.
Recreation gardens; works for the purposes of landscaping, gardening or bushfire hazard reduction.
Buildings erected for the purposes of landscaping, gardening or bushfire hazard reduction; drainage; recreation areas; roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to identify and protect wetland areas and foreshores possessing special aesthetic, ecological or conservation value, hill-lands, escarpments, river valleys, inland waterways, lakes and other landscape features of scenic significance, prominent escarpments which are intrinsic natural features of the landscape and water catchment areas of significance for local water storage purposes, and
(b) to identify, by means of a development control plan, performance standards for the carrying out of development in the zone.
Recreation gardens.
Agriculture and buildings relating to agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping, poultry farming and goat farming); bed and breakfast establishments; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; home industries; local rural industries (subject to clause 16C); parks and reserves; refreshment rooms (in conjunction with wineries and subject to section 16CB); roads; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objectives of this zone are:
(a) to identify and protect areas of particular scenic value and to ensure the preservation of their cultural, heritage, aesthetic and environmental significance,
(b) to recognise the value of the rural scenic landscape to the local tourist economy,
(c) to permit development and land use activities which are compatible with the heritage and scenic qualities of the key cultural landscape, and
(d) to recognise the potential of coal and extractive resources on land within the zone, and to ensure that their winning takes place by means which are compatible with the heritage and scenic qualities of the key cultural landscape.
Agriculture (excluding dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming); recreation gardens.
Bed and breakfast establishments; buildings relating to agriculture; dams, ponds and artificial waterbodies; dog breeding; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; extractive industries; general stores; home industries; local rural industries; mining; plant nurseries; public buildings; refreshment rooms (in conjunction with wineries and subject to section 16CB); roads; roadside stalls; stables; stock and saleyards; utility installations; veterinary hospitals.
Any purpose other than a purpose included in Item 2 or 2 or 3.
The objective of this zone is to identify national parks and nature reserves.
Any purpose authorised under the National Parks and Wildlife Act 1974.
Utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to provide for the opening of new, and widening of existing, arterial roads as identified on the map.
Drainage; open space; roads; widening of existing roads.
Utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to provide for the opening of new, and the widening of existing, local roads as identified on the map.
Drainage; open space; roads; widening of existing roads.
Utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 2 or 3.
The objective of this zone is to provide for the reservation of land for special purposes.
Nil.
The particular purpose indicated by black lettering on the map or purposes ordinarily incidental or subsidiary to that purpose; utility installations (other than gas holders or generating works).
Any purpose other than a purpose included in Item 3.
A person shall not subdivide land to which this plan applies except with the consent of the council.
The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development for the purposes of a residential flat building, units for aged persons, a place of public worship, an educational establishment or a hospital in the same way as those provisions apply to and in respect of designated development.
This clause applies to land within Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b).
The council may consent to the subdivision of land to which this clause applies only if each allotment of land to be created by the subdivision will have:
(a) an area of not less than 40 hectares, and
(b) where the allotment has a frontage to a main or arterial road, a frontage to that road of not less than 200 metres.
(Repealed)
This clause applies to land within Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b).
In this clause:
(a) an allotment excised in accordance with clause 37 (5) of Bowral Local Environmental Plan No 1 as in force at any time before 12 January 1990, or
(b) an allotment excised in accordance with clause 30 (3) or (4) of the Shire of Mittagong Planning Scheme Ordinance as in force prior to 23 February 1979, or an allotment excised in accordance with clause 29 (5) of that Ordinance on or after 23 February 1979, or
(c) an allotment excised in accordance with clause 9 (5) of Wingecarribee Local Environmental Plan No 55 as in force at any time before 12 January 1990, or
(d) an allotment excised in accordance with clause 11 (2) or (3) of Interim Development Order No 1—Shire of Wingecarribee as in force at any time before 12 January 1990, or
(e) an allotment excised in accordance with clause 7 of Interim Development Order No 2—Shire of Wingecarribee as in force at any time before 12 January 1990, or
(f) an allotment created in accordance with clause 12 (4) of this plan as in force at any time before the amendments made by Wingecarribee Local Environmental Plan 1989 (Amendment No 68).
(a) at 8 October 1954, in the case of land to which the former Bowral Planning Scheme Ordinance applied, or
(b) at 23 July 1965, in the case of land to which the former Burradoo and Environs Planning Scheme Ordinance applied, or
(c) at 16 February 1968, in the case of land to which the former Shire of Mittagong Planning Scheme Ordinance applied, or
(d) at 18 January 1963, in the case of land to which the former Interim Development Order No 1—Shire of Wingecarribee applied.
(a) in relation to land to which the former Bowral Planning Scheme Ordinance applied—the former Bowral Planning Scheme Ordinance, and
(b) in relation to land to which the former Burradoo and Environs Planning Scheme Ordinance applied—the former Burradoo and Environs Planning Scheme Ordinance, and
(c) in relation to land to which the former Bowral Local Environmental Plan No 1 applied—the former Bowral Local Environmental Plan No 1, and
(d) in relation to land to which the former Shire of Mittagong Planning Scheme Ordinance applied—the former Shire of Mittagong Planning Scheme Ordinance, and
(e) in relation to land to which the former Wingecarribee Local Environmental Plan No 55 applied—the former Wingecarribee Local Environmental Plan No 55, and
(f) in relation to land to which the former Interim Development Order No 1—Shire of Wingecarribee applied—the former Interim Development Order No 1—Shire of Wingecarribee, and
(g) in relation to land to which the former Interim Development Order No 2—Shire of Wingecarribee applied—the former Interim Development Order No 2—Shire of Wingecarribee.
A dwelling-house may, with the consent of the council, be erected on land to which this clause applies, but only if the land:
(a) has an area of not less than 40 hectares, or
(b) comprises the whole of an existing parcel, or
(c) comprises the residue of an existing parcel, the area of which is less than 40 hectares and on which no dwelling-house is erected and is affected only by a subdivision made (whether before or after the appointed day) in accordance with a consent granted pursuant to a former planning instrument, or
(d) is a concessional allotment, or
(e) is an allotment created between 18 January 1963 and 10 April 1964 in pursuance of Interim Development Order No 1—Shire of Wingecarribee, or
(f) is an allotment created for the purposes of a country dwelling between 10 April 1964 and 21 November 1975 in pursuance of Interim Development Order No 1—Shire of Wingecarribee or lawfully created for any other purpose between those dates provided that the allotment concerned is 10 hectares or more in area, or
(g) is an allotment lawfully created in accordance with clause 30 (1) of the Shire of Mittagong Planning Scheme Ordinance as in force before 23 February 1979, or
(h) is an allotment in respect of which the Minister made a determination pursuant to clause 29 of the Shire of Mittagong Planning Scheme Ordinance as in force before 23 February 1979.
(Repealed)
This plan applies to a development application made before the commencement of Wingecarribee Local Environmental Plan 1989 (Amendment No 104) (which relates to the prohibition of development for the purpose of rural workers’ dwellings on land to which clause 13 applies) as if that plan had not been made.
A person shall not erect a building on land within Zone No 1 (a), 1 (b), 1 (c), 5 (c), 7 (a) or 7 (b) which fronts a main or arterial road:
(a) for the purpose of a caravan park, if the building will be closer than 90 metres to the alignment of the road,
(b) for the purpose of a hotel or motel, if the building will be closer than 45 metres to the alignment of the road,
(c) for the purpose of a rural or extractive industry, if the building will be closer than 30 metres to the alignment of the road, or
(d) for any purpose other than a caravan park, motel, hotel, rural or extractive industry, if the building will be closer than 20 metres to the alignment of the road.
In this clause:
Land within Zone No 7 (a) or 7 (b) shall not be cleared for any purpose except with the consent of the council.
The council shall not grant consent to the clearing of the land referred to in subclause (2) unless it is satisfied that:
(a) the clearing is essential for the reasonable economic use of the land or the provision of utility services,
(b) the clearing is proposed to be carried out in a manner which minimises:
(i) visual and scenic impact,
(ii) the risk of soil erosion (including erosion by wind),
(iii) the risk of water pollution, through increased siltation or otherwise, and
(iv) the destruction of rare or important vegetation systems,
(c) the clearing is essential to reduce the risk of bushfires,
(d) in the case of vegetation systems referred to in paragraph (e), the system has become so degraded that its retention is not warranted,
(e) appropriate measures are proposed to retain parts of existing vegetation systems or to landscape the site,
(f) the clearing will not adversely affect wildlife and wildlife movement patterns, and
(g) cleared material will be satisfactorily disposed of and in particular will not obstruct waterways.
This clause applies to land within Zone No 1 (a) or 1 (b) other than land identified as being of prime crop and pasture potential for the purposes of Illawarra Regional Environmental Plan No 1.
Nothing in this plan prevents the erection, with the consent of the council, of more than one dwelling-house on an allotment, portion or parcel of land having an area of 40 hectares or greater if the dwelling-houses form part of a multiple occupancy development.
The council shall not grant consent to a multiple occupancy development referred to in subclause (2) unless it is satisfied that:
(a) adequate access is available to the land,
(b) adequate water supply is available to the dwelling-houses,
(c) adequate provision will be made for septic and other waste disposal,
(d) the development will not have an adverse effect on the quality of local water resources,
(e) the development will not have an adverse effect on the present and potential agricultural use of the land and land adjoining that land,
(f) the development will not have an adverse effect on the future expansion of residential or rural residential zones,
(g) adequate consideration has been given to the visual impact of the development, particularly in relation to any expected loss of vegetation cover,
(h) the land is not adversely affected by hazards such as bush fire, flooding and slip, and
(i) the intensity of development, particularly in relation to the siting of buildings, will not have an adverse impact on the amenity of the locality.
This clause applies to land within Zone No 1 (a).
In determining an application for consent for the purpose of a commercial garden, the Council must take into account whether carrying out the development will adversely affect the quality of local waterways or wetlands and, in particular, whether adequate provision has been made:
(a) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the local river system, and in such a way as to ensure that there is no overall adverse impact on water quality, and
(b) for the development to be carried out in accordance with a soil, water and erosion management plan, and
(c) for the establishment of a riparian buffer zone and vegetation belt located on the land in such a way as to assist in preventing nutrient runoff and water quality degradation, and
(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and
(e) for the commercial garden to be set back at least 150 metres from any watercourse.
In determining an application for consent to the carrying out of development for the purpose of a commercial garden the Council must take into account whether adequate provision has been made for:
(a) all car and coach parking associated with the development, and
(b) its operation between the hours of 8.00 am and 6.00 pm only, and
(c) a limitation on the number of visitors to the commercial garden in consideration of the impact of the development on the amenity of the neighbourhood, and
(d) the retention of existing, significant vegetation on the site.
Any off-site signage in relation to a commercial garden may be erected only with development consent granted in accordance with the Council’s Tourism Signage Policy (available for inspection at the office of the Council).
This clause applies to land within Zone No 7 (b).
The Council shall not grant consent to the use of or the development of land to which this clause applies for the purposes of a plant nursery unless:
(a) the land comprises an allotment on which a dwelling-house may be erected in accordance with the provisions of clause 13, and
(b) the plant nursery has a gross retail floor space component of not more than 80 square metres.
The Council shall not grant consent to an application to carry out development on land within Zone No 7 (b) unless it has taken into consideration the extent to which the carrying out of the proposed development will affect the heritage significance and visual quality of the land.
This clause applies to land within Zone No 7 (a).
The council shall not grant consent to an application to carry out a local rural industry on land within Zone No 7 (a) where such land is located within 150 metres of:
(a) the Wingecarribee River and its tributaries,
(b) the Nattai River and its tributaries,
(c) Joadja Creek,
(d) Wingecarribee Reservoir and swamp,
(e) Fitzroy Falls Reservoir and canal, or
(f) any other watercourse or waterbody classified as Class S, Class C or Class P waters by the Clean Waters Regulations 1972.
The Council shall not grant consent to an application to carry out a local rural industry on land within Zone No 7 (a) unless it has taken into consideration the extent to which the carrying out of the proposed local rural industry will affect the aesthetic, scenic, ecological or conservation value of the land.
This clause applies to land within Zone No 1 (a), 1 (b), 7 (a) or 7 (b).
The following requirements apply to development for the purpose of a local rural industry on land to which this clause applies:
(a) buildings used for the purpose of the local rural industry are not to exceed a height of 6 metres above ground level measured to the underside of the eaves, and 8.5 metres when measured to the ridgeline of the roof; and other structures used for the purpose of the local rural industry are not to exceed an overall height of 8.5 metres above ground level, and
(b) no single building or structure used for the purpose of the local rural industry is to occupy a ground level building footprint of more than 600 square metres. The building footprint excludes any area on which works or structures are carried out or constructed beneath the natural ground level, provided disturbance of the natural ground surface is kept to a minimum and there is no adverse visual or environmental impact,
(c) the total area of all land occupied by the ground level building footprint of all buildings and other structures used for the purpose of the local rural industry, is not to exceed a total ground level footprint of 1000 square metres, excluding any area on which works or structures are carried out or constructed beneath the natural ground level,
(d) all buildings used for the purpose of local rural industries are to be within building envelopes that are separated from each other by a distance of not more than 30 metres and not less than 5 metres,
(e) no building or structure used for the purposes of the local rural industry is to be located closer than 50 metres from any public road,
Standards set out in Group H of Part 2 of this Schedule. | |
Alterations to an existing industrial or warehouse building, where such alterations are not related to the creation of any additional floor space, are restricted to the | Standards set out in Group I of Part 2 of this Schedule. |
Development consisting of a change of use of an existing lawful building from an approved or lawful retail shop to another retail shop, not being a shop that sells restricted articles or liquor. | Standards set out in Group J of Part 2 of this Schedule. |
Development consisting of a change of use of an existing lawful building from an approved or lawful retail shop to an office, or from an approved or lawful office to another office. | Standards set out in Group K of Part 2 of this Schedule. |
Development consisting of the internal fit-out of, or internal alterations to an approved or lawful shop or office building that results in no increase to the floor area of the building. | Standards set out in Group L of Part 2 of this Schedule. |
Each part of the structure:
and where such setback area is landscaped with “advanced” screening vegetation. | |
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Windows in any habitable room that are within 9 metres of, and allow an outlook to, a window of any habitable room in the neighbour’s dwelling-house:
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Each part of the structure:
and where such setback area is landscaped with “advanced” screening vegetation. | |
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Windows in any habitable room that are within 9 metres of, and allow an outlook to, a window of any habitable room in the neighbour’s dwelling-house:
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Each part of the structure:
and where such setback area is landscaped with “advanced” screening vegetation. | |
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Windows in any habitable room that are within 9 metres of, and allow an outlook to, a window of any habitable room in the neighbour’s dwelling-house:
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The swimming pool is for private use only. | |
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The swimming pool will not be located between the dwelling and the front boundary of the land. | |
All coping or decking around the pool is not more than 500 millimetres above the natural ground level. | |
The noise level of any filtration equipment or pumps or the like does not exceed 5 dBA above the ambient background level measured at the property boundary. | |
Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface. | |
All aspects of the installation and construction of the swimming pool comply, where relevant, with:
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The swimming pool and surrounding structures comply with AS 1926.2—1995—Swimming pool safety—Location of fencing for private swimming pools. The Swimming Pools Act 1992 and the Swimming Pools Regulation 1998 must also be complied with. | |
The tennis court is for private use only. | |
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The tennis court will not be located between the dwelling and the front boundary of the land. | |
The perimeter of the tennis court may be surrounded by protective netting or wire, but not in excess of 3 metres in height above natural ground level. | |
The tennis court is not illuminated. | |
Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface. | |
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The hit-up wall is for private use only. | |
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The hit-up wall will not be located between the dwelling and the front boundary of the land. | |
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The hit-up wall is not illuminated. | |
Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface. | |
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The window of any habitable room of a dwelling-house, a clothes drying area or designated barbeque, playground or primary recreation area including a swimming pool located on adjoining land are not in shadow arising from the development, between 10 am and 3.00 pm on 21 June, as a result of the development. | |
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Each part of the building or structure is set back at least 20 metres from a main road boundary or 10 metres from any other road boundary. | |
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The floor space ratio (ratio of the total floor space in all buildings to the site area) is not more than 0.5:1. | |
A landscaped strip of at least 3 metres in width to each street frontage is planted with a mix of canopy of trees with a mature height of not less than 10 metres, and shrubs with a mature height of 5 metres at a density of 1 plant per 3 square metres of landscaped area. | |
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Garbage and waste storage areas are located on-site and unable to be seen from a public place. | |
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Garbage and waste storage areas are located on-site and unable to be seen from a public place. | |
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Each part of the building or structure is set back at least 20 metres from a main road boundary or 10 metres from any other road boundary. | |
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A landscaped strip of at least 3 metres in width to each street frontage is planted with a mix of canopy of trees with a mature height of not less than 10 metres, and shrubs with a mature height of 5 metres at a density of 1 plant per 3 square metres of landscaped area. | |
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Garbage and waste storage areas are located on-site and unable to be seen from a public place. | |
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There is provision of service infrastructure adequate to satisfy the demands of the new shop without compromising the level of service currently made available by that infrastructure in the locality. | |
The existing approved or lawful arrangements for car parking, loading, unloading and vehicle access are not altered, otherwise than to comply with the requirements of Development Control Plan No 12 adopted by Council on 17 April 1989 and Roads and Traffic Authority standards. | |
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There is provision of service infrastructure adequate to satisfy the demands of the new office without compromising the level of service currently made available by that infrastructure in the locality. | |
The existing approved or lawful arrangements for car parking, loading, unloading and vehicle access are not altered, otherwise than to comply with the requirements of Development Control Plan No 12 adopted by Council on 17 April 1989 and Roads and Traffic Authority standards. | |
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(Clause 38AA)
Column 1 | Column 2 | Column 3 |
Locality | Description | Trusts etc not discharged |
Kangaloon Road | Lot 20, DP 703198, Kangaloon Road, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 111)”—Wingecarribee Local Environmental Plan 1989 (Amendment No 111). | Nil. |
Boronia Avenue | So much of Part Lot 33, Section 3, DP 6221, known as part of Boronia Park, as is shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 107)”—Wingecarribee Local Environmental Plan 1989 (Amendment No 107). | Nil. |
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