Yarrowlumla Local Environmental Plan 2002 (NSW)

Case
No judgment structure available for this case.
See also—

Planning Legislation Amendment Bill 2019

Part 1Preliminary information1Name of this plan

This plan is called Yarrowlumla Local Environmental Plan 2002.

2When this plan begins

This plan takes effect on and from the date of its publication in the Government Gazette.

3What are the aims and objectives of this plan?(1)

The aim of this plan is to introduce planning controls that will encourage ecologically sustainable development, being development which satisfies the principles of ecological (environmental, economic and social) sustainability set out in Schedule 1, taking into account the ACT and Sub region Planning Strategy September 1998 and Murrumbidgee Catchment Management Plan copies of which are available from the office of the Council.

(2)

The 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)

    for rural land—

    • (i)

      to ensure that rural land is developed in accordance with the principles of ecologically sustainable development, and

    • (ii)

      to encourage the management, development and conservation of productive agricultural and horticultural land, and

    • (iii)

      to encourage the proper management and development of natural resources, and

    • (iv)

      to encourage the siting and management of development to avoid, as far as practicable, conflict between adjoining and nearby land uses, both within and between zones and with regard to likely future land uses, and

    • (v)

      to protect and conserve places of natural, historic and cultural significance, and

    • (vi)

      to enable provision of essential roads, transport and utilities infrastructure,

  • (b)

    for urban land—

    • (i)

      to ensure that urban land is developed in accordance with the principles of ecologically sustainable development, and

    • (ii)

      to encourage commercial, retail and professional services in established urban locations, and

    • (iii)

      to provide flexibility in residential living styles and increased urban amenity for residents, and

    • (iv)

      to protect and conserve places for natural, historic and cultural significance, and

    • (v)

      to protect and enhance the social welfare of residents, and

    • (vi)

      to enable provision of essential roads, transport and utilities infrastructure.

cl 3: Am 2020 (724), Sch 2[1].

4Where does this plan apply?

This plan applies to all land within the local government area of Yarrowlumla.

5How does this plan affect other plans?

This plan—

  • (a)

    amends Yarrowlumla Local Environmental Plan 1993 by omitting from clause 3 the words “within the Shire of Yarrowlumla as” and by inserting instead the words “, except land within the area of Yarrowlumla,”,

  • (b)

    amends State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Complying Development by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10)—

    Yarrowlumla local government area

  • (c)

    amends State Environmental Planning Policy No 60—Exempt and Complying Development by omitting from Part 2 of Schedule 1 (Where does this Policy apply?) the word “Yarrowlumla”.

6Does this plan affect covenants, agreements or other similar instruments?(1)

If any agreement, covenant or other similar instrument prohibits or restricts development allowed by or under this plan or carried out in accordance with a consent granted under the Act, the agreement, covenant or instrument does not apply to that development to the extent necessary to allow that development to be carried out.

(2)

Nothing in subclause (1) affects the rights or interests of the Council or any other public authority under any registered instrument.

(3)

In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

7Who is the consent authority and how are terms used in this plan?(1)

The Council is the consent authority for the purposes of development applications relating to land to which this plan applies, subject to the Act.

(2)

A term defined in the Dictionary has the same meaning when used in this plan.

(3)

In this plan—

  • (a)

    a reference to a use of land includes a reference to a proposed use of land of the same kind, and

  • (b)

    a reference to a map is to a map kept in the office of the Council.

(4)

The list of contents of this plan and any notes in this plan do not form part of this plan.

8Classification of land(1)

The public land described in Parts 1 and 2 of Schedule 2 was classified, or reclassified, as operational land or community land, respectively, for the purposes of the Local Government Act 1993 before the appointed day.

(2)

The public land described in Part 3 or 4 of Schedule 2 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(3)

Land described in Part 3 of Schedule 2—

  • (a)

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

  • (b)

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

(4)

Land described in Columns 1 and 2 of Part 4 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Part 4 of Schedule 2.

(5)

In this clause, the relevant amending plan, in relation to land described in Part 4 of Schedule 2, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(6)

The public land described in Part 5 of Schedule 2 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(7)

Before the relevant amending plan inserted a description of land into Part 4 of Schedule 2, the Governor approved of subclause (4) applying to the land.

(8)

Nothing in this clause prevents the classification or reclassification of land under the Local Government Act 1993 by the Council.

Part 2General controls for zoned land9What zones apply?

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the zoning map as specified below—

  • •

    Zone No 1 (a) (General Rural Zone)—edged heavy black and lettered “1 (a)”

  • •

    Zone No 1 (d) (Rural Residential Zone)—edged heavy black and lettered “1 (d)”

  • •

    Zone No 1 (f) (State Forest Zone)—edged heavy black and lettered “1 (f)”

  • •

    Zone No 1 (g) (Rural Small Holdings Zone)—edged heavy black and lettered “1 (g)”

  • •

    Zone No 2 (v) (Village Zone)—edged heavy black and lettered “2 (v)”

  • •

    Zone No 5 (a) (Water Catchment Zone)—edged heavy black and lettered “5 (a)”

  • •

    Zone No 6 (a) (Recreation Zone)—edged heavy black and lettered “6 (a)”

  • •

    Zone No 7 (e) (Environmental Protection Zone)—edged heavy black and lettered “7 (e)”

  • •

    Zone No 8 (a) (National Park Zone)—edged heavy black and lettered “8 (a)”

10What are the zone objectives?(1)

The objectives of this zone are as follows—

  • (a)

    to protect the agricultural potential of rural land and to prevent the fragmentation of viable rural holdings,

  • (b)

    to prevent premature and sporadic subdivisions and to ensure consolidation of urban areas, thus enhancing the prospect of the economic provision of public services,

  • (c)

    to prevent the subdivision of land on the fringe of urban areas into small allotments that may prejudice the proper layout of future urban areas,

  • (d)

    to ensure that development occurs only on land which is suitable for, and economically capable of, the proposed development and so as not to create conflicting uses,

  • (e)

    to allow the use of land within the zone for agricultural purposes and for a range of other appropriate purposes, while minimising conflict between them,

  • (f)

    to restrict the establishment of inappropriate traffic-generating uses along arterial and main road frontages,

  • (g)

    to ensure sound management of land which has an extractive or mining industry potential and to ensure that development does not adversely affect the potential of any existing or future extractive industry,

  • (h)

    to permit the development of industries that are appropriately located in the rural environment,

  • (i)

    to ensure that any effect development will have on threatened plant and animal species or regionally significant grassland and grassy woodland communities is taken into account.

(2)

The objectives of this zone are as follows—

  • (a)

    to provide the opportunity for development of integrated rural residential communities,

  • (b)

    to promote an innovative and flexible approach to rural residential development,

  • (c)

    to ensure that development is compatible with the environmental capabilities of the land and to encourage the conservation and enhancement of natural resources by means of appropriate land management techniques,

  • (d)

    to assist in meeting the demand for rural residential development where it is consistent with the conservation of rural, agricultural, heritage and natural landscape qualities,

  • (e)

    to ensure that attractive views from main roads and other vantage points are protected and enhanced,

  • (f)

    to ensure that adequate provision has been made for water supply and disposal of effluent,

  • (g)

    to ensure that development does not create unreasonable demands, now or in the future, for the provision or extension of public amenities or services,

  • (h)

    to ensure that traffic-generating development is suitably located so as not to adversely affect the safety and efficiency of roads,

  • (i)

    to ensure that development will not lead to excessive soil erosion or run-off,

  • (j)

    to ensure that the form, siting and colours of buildings, building materials and landscaping complement the natural scenic quality of land within this zone,

  • (k)

    to ensure that any effect development will have on threatened plant and animal species or regionally significant grassland and grassy woodland communities is taken into account,

  • (l)

    to ensure that sites of Aboriginal archaeological significance in the zone are identified and protected.

(3)

The objectives of this zone are as follows—

  • (a)

    to identify land within the local government area of Yarrowlumla dedicated as a State forest under the Forestry Act 1916,

  • (b)

    to encourage the use of that land for the purposes permitted under that Act so as to provide employment opportunities in forestry and the timber industry and to promote the use and enjoyment of that land but, in all cases, having regard to the likely effect of forestry works on the environment within the local government area of Yarrowlumla.

(4)

The objectives of this zone are as follows—

  • (a)

    to provide opportunities for rural residential living in localities in close proximity to existing villages and urban areas where services are readily and economically accessible,

  • (b)

    to protect and enhance the scenic quality and rural character of those localities,

  • (c)

    to ensure that traffic-generating developments are suitably located so as not to adversely affect the safety and efficiency of roads,

  • (d)

    to ensure that the form, siting and colours of buildings, building materials and landscaping complement the natural scenic quality of those localities,

  • (e)

    to ensure that, where development is to be located on or near ridgetops, it will not significantly intrude into the skyline or detract from the scenic amenity of the locality.

(5)

The objectives of this zone are as follows—

  • (a)

    to set aside areas in which a range of residential accommodation and urban facilities can be provided for the rural community,

  • (b)

    to recognise the natural and physical features of each village and to prevent development in unsuitable areas, such as flood-prone land,

  • (c)

    to control village development so as to achieve the most efficient use of existing utility services (such as water supply and sewerage services), roads and streets.

(6)

The objective of this zone is to restrict development of land to such uses as are compatible with the water catchment area identified by this zone.

(7)

The objective of this zone is to set aside areas in which recreation facilities for the general use of the community can be provided.

(8)

The objectives of this zone are as follows—

  • (a)

    to protect various localities which are environmentally sensitive and which enhance the visual amenity of the local government area of Yarrowlumla,

  • (b)

    to protect various localities which are of scientific or social significance.

(9)

The objective of this zone is to identify national parks and nature reserves administered by the National Parks and Wildlife Service and to facilitate use of those lands for the purposes of the National Parks and Wildlife Act 1974.

11What development is allowed or prohibited by zoning?(1)

Subject to clauses 12–15, the Table to this clause sets out for each zone—

  • (a)

    development that may be carried out without development consent, by the letter “W” corresponding to that development, and

  • (b)

    development that may be carried out only with development consent, by the letter “C” corresponding to that development, and

  • (c)

    development that is prohibited, by the letter “P” corresponding to that development.

(2)

Consent may also be granted for land uses not specifically identified in the Table, if the use is consistent, in the consent authority’s opinion, with the objectives of this plan and the objectives of the zone within which the land on which the use will be carried out is situated.

(3)

Development that is prescribed as designated development by the Environmental Planning and Assessment Regulation 2000 may be carried out only with development consent even if it is incidental or ancillary to development that does not require consent.

(4)

Subclause (3) does not apply to development carried out by public authorities.

Table

Development for the purpose of—

1 (a)

1 (d)

1 (f)

1 (g)

2 (v)

5 (a)

6 (a)

7 (e)

8 (a)

abattoirs

C

P

P

P

P

P

P

P

P

advertisements

C

C

P

C

C

C

C

C

P

advertising structures

C

C

P

C

C

C

C

C

P

agriculture—general farming

W

W

P

W

P

P

P

W

P

agriculture—intensive animal husbandry

C

C

P

P

P

P

P

P

P

agriculture—intensive livestock keeping

C

P

P

P

P

P

P

P

P

agriculture—intensive plant cultivation

C

C

P

P

P

P

P

P

P

aircraft facilities

C

P

P

P

P

P

P

P

P

airline terminals

C

P

P

P

P

P

P

P

P

animal boarding establishments

C

P

P

P

P

P

P

P

P

animal breeding or training establishments

C

C

P

C

C

P

P

C

P

aquaculture

C

C

P

P

P

P

P

C

P

bed and breakfast

C

C

P

C

C

P

P

C

P

boarding houses

P

P

P

P

C

P

P

P

P

brothels

P

P

P

P

C

P

P

P

P

bulk stores

P

P

P

P

C

P

P

P

P

bulky goods salesrooms or showrooms

P

P

P

P

C

P

P

P

P

bus depots

C

C

P

P

C

P

P

P

P

bus stations

P

P

P

P

C

P

P

P

P

bush fire hazard reduction

W

W

W

W

W

W

W

W

P

caravan parks

P

P

P

P

C

P

P

P

P

cemeteries—private

C

C

P

P

P

P

P

P

P

cemeteries—private burial site

W

W

P

P

P

P

P

P

P

cemeteries—public

C

C

P

P

C

P

P

P

P

child care centres

C

C

P

C

C

P

P

P

P

churches

C

C

P

C

C

P

P

P

P

clubs

C

C

P

C

C

P

P

P

P

commercial premises

P

P

P

P

C

P

P

P

P

community facilities

C

C

P

C

C

P

C

C

P

dual occupancies

C

C

P

P

C

P

P

P

P

dwelling houses

C

C

P

C

C

P

P

C

P

earthworks

C

C

C

C

C

C

C

C

P

education establishments

P

P

P

P

C

P

P

P

P

entertainment facilities

C

C

P

C

C

P

P

P

P

exhibition homes

P

C

P

P

C

P

P

P

P

extractive industries

C

P

P

P

P

P

P

P

P

feed lots

C

P

P

P

P

P

P

P

P

forestry

C

C

W

P

P

P

P

P

P

garaging of plant and trucks

W

W

P

C

C

P

P

C

P

generating works

C

P

P

P

C

P

P

P

P

group homes

P

P

P

P

C

P

P

P

P

health consulting rooms

P

P

P

P

C

P

P

P

P

helipads

C

P

P

P

C

P

P

P

P

heliports

P

P

P

P

C

P

P

P

P

high technology industries

P

P

P

P

C

P

P

P

P

hire establishments

P

P

P

P

C

P

P

P

P

home activities

C

C

P

C

C

P

P

C

P

home occupations

W

W

P

W

W

P

P

W

P

hospitals

P

P

P

P

C

P

P

P

P

hotels

P

P

P

P

C

P

P

P

P

housing for aged or disabled persons

P

C

P

C

C

P

P

P

P

industries

P

P

P

P

P

P

P

P

P

institutions

C

P

P

P

C

P

P

P

P

junk yards

C

P

P

P

C

P

P

P

P

landfill

C

C

C

C

C

C

C

C

P

light industries

P

P

P

P

C

P

P

P

P

liquid fuel depots

C

P

P

P

C

P

P

P

P

manufactured home estates

P

P

P

P

C

P

P

P

P

markets

P

P

P

P

C

P

P

P

P

materials recycling facilities

C

P

P

P

C

P

P

P

P

medical centres

P

P

P

P

C

P

P

P

P

mines

C

P

P

P

P

P

P

P

P

mineral sand mines

C

P

P

P

P

P

P

P

P

motels

C

P

P

P

C

P

P

P

P

motor showrooms

P

P

P

P

C

P

P

P

P

offensive or hazardous industries

P

P

P

P

P

P

P

P

P

paintball establishments

P

P

P

P

P

P

P

P

P

parking stations

P

P

P

P

C

P

P

P

P

passenger transport terminals

C

P

P

P

C

P

P

P

P

periodic public entertainment

C

C

P

C

C

P

P

P

P

piggeries

C

P

P

P

P

P

P

P

P

places of assembly

C

C

P

P

C

P

P

P

P

places of public worship

C

C

P

C

C

P

P

P

P

plant depots

C

P

P

P

C

P

P

P

P

public buildings

P

P

P

P

C

P

P

P

P

public utility undertakings

C

C

C

C

C

C

C

C

P

reception establishments

C

P

P

P

C

P

P

P

P

recreation areas

C

C

P

C

C

P

C

P

P

recreation establishments

C

C

P

P

C

P

P

P

P

recreation facilities

P

P

P

P

C

P

P

P

P

refreshment rooms

C

C

C

C

C

P

P

C

P

residential flat buildings

P

P

P

P

C

P

P

P

P

restaurants

P

P

P

P

C

P

P

P

P

retail plant nurseries

C

C

P

P

C

P

P

C

P

retail wineries

C

C

P

P

P

P

P

P

P

roads

C

C

C

C

C

C

C

C

P

roadside stalls

C

C

P

P

C

P

P

C

P

road transport terminals

C

P

P

P

C

P

P

P

P

rural home industries

C

C

P

C

P

P

P

P

P

rural industries

C

C

P

C

P

P

P

P

P

rural tourist facilities

C

P

P

P

P

P

P

P

P

rural workers’ dwellings

C

P

P

P

P

P

P

P

P

sawmills

C

P

P

P

P

P

P

P

P

service stations

C

P

P

P

C

P

P

P

P

shops

P

P

P

P

C

P

P

P

P

stock and sale yards

C

P

P

P

P

P

P

P

P

stores, convenience

C

C

P

C

C

P

P

P

P

stores, general

C

C

P

C

C

P

P

P

P

stores, produce

C

P

P

P

C

P

P

P

P

telecommunications facilities

C

C

C

C

C

C

C

C

P

tourist facilities

C

C

C

C

P

P

P

P

P

transport depots

C

P

P

P

P

P

P

P

P

transport terminals

C

P

P

P

P

P

P

P

P

tree farming

W

W

P

W

P

P

P

C

P

units for aged persons

P

P

P

P

C

P

P

P

P

utility installations

C

C

C

C

C

C

C

C

P

vehicle body repair workshops

P

P

P

P

C

P

P

P

P

vehicle repair stations

P

P

P

P

C

P

P

P

P

veterinary hospitals

C

P

P

P

C

P

P

P

P

warehouses or distribution centres

P

P

P

P

C

P

P

P

P

Note—

C = development consent required

W = allowed without consent

P = prohibited development

12What activities do not require consent and are not prohibited by this plan?

Nothing in this plan prohibits or requires development consent for—

  • (a)

    the use by the Crown of buildings that were in existence on the commencement of this plan and that were under the control of the Crown at that date, or

  • (b)

    any activity listed in Schedule 3.

13What is exempt development?(1)

Development listed in Schedule 4 is exempt development, except as provided by subclauses (2) and (3).

(2)

Development is exempt development only if it is of minimal environmental impact and—

  • (a)

    it does not cause interference with the amenity of the neighbourhood 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 the relevant requirements and standards set for the development in Part 3, and

  • (d)

    it does not contravene any condition of a development consent applying to the land, and

  • (e)

    it does not obstruct drainage of the site on which it is carried out, and

  • (f)

    it does not restrict any vehicular or pedestrian access to or from the site, and

  • (g)

    it is carried out at least one metre from any easement or public sewer main and complies with any building over sewer requirements of the local sewer authority, and

  • (h)

    it does not require any exotic tree above 4 metres high, or any native tree, shrub or heath to be removed, and

  • (i)

    it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land.

(3)

Development is not exempt development if it is carried out on land—

  • (a)

    that is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

  • (b)

    that is within a wilderness area (under the Wilderness Act 1987), or

  • (c)

    that is—

    • (i)

      the site or adjacent to the site of a heritage item identified in Schedule 7, or

    • (ii)

      an Aboriginal place under the National Parks and Wildlife Act 1974, or

    • (iii)

      within Zone No 7 (e) or is Murrumbidgee River corridor land as defined in clause 42, or

    • (iv)

      within 40 metres of a perennial watercourse, or

    • (v)

      reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes.

(4)

This clause does not apply to land to which clause 14A applies.

cl 13: Am 2006 (552), Sch 3 [1]; 2019 (621), Sch 2.43.

14What is complying development?(1)

Subject to section 76A (6) of the Act, development listed in Part 1 of Schedule 5 is complying development if—

  • (a)

    it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

  • (b)

    it is not an existing use, as defined in section 106 of the Act,

except as provided by subclauses (2) and (3).

(2)

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 achieve the outcomes listed for the development in Part 2 of Schedule 5, and

  • (c)

    it complies with any development standards set for the development in this plan, and

  • (d)

    it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat Protection, 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

  • (e)

    it does not contravene any condition of a development consent applying to the land,

  • (f)

    a certificate of compliance has been obtained for the development, if required, from the local water supply and sewer authority.

(3)

Development is not complying development if it is carried out on land that—

  • (a)

    is floodplain land or within the flood planning area as defined in clause 39, or

  • (b)

    is identified on a map held at the Council’s office as bush fire prone, or contaminated land, or land subject to subsidence, slip or erosion, or

  • (c)

    is a site that has previously been used as a service station or 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 the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or

  • (d)

    is an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 or an Aboriginal relic recorded by the Council, or is dedicated or reserved under that Act, or

  • (e)

    is the site or is adjacent to the site of a heritage item identified in Schedule 7, or

  • (f)

    is located within Zone No 7 (e), or

  • (g)

    is reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or

  • (h)

    is an aquatic reserve declared under the Fisheries Management Act 1994, or

  • (i)

    is State protected land within the meaning of the Native Vegetation Conservation Act 1997, or

  • (j)

    is protected land within the meaning of the Rivers and Foreshores Improvement Act 1948.

(4)

A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Part 3 of Schedule 5.

(5)

A permit or a development consent is not required by any environmental planning instrument to remove an exotic tree under 4 metres high if the carrying out of the development allowed to be carried out by a complying development certificate necessitates the removal of the tree.

(6)

This clause does not apply to land to which clause 14A applies.

cl 14: Am 2006 (552), Sch 3 [2]; 2019 (621), Sch 2.43.

14AExempt development and complying development within the area of the City of Queanbeyan(1)

This clause applies to land to which this plan applies that is within the area of the City of Queanbeyan.

(2)

Development of minimal environmental impact listed as exempt development in Development Control Plan No 49—Exempt and Complying Development as adopted by the Council on 28 February 2007 is exempt development, despite any other provision of this plan.

(3)

Development listed as complying development in Development Control Plan No 49—Exempt and Complying Development as adopted by the Council on 28 February 2007 is complying development if—

  • (a)

    it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

  • (b)

    it is not an existing use, as defined in section 106 of the Act, and

  • (c)

    it complies with the current deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and

  • (d)

    it does not involve a change of classification under the Building Code of Australia of any building or part of any building on the land, and

  • (e)

    it does not contravene any condition of a development consent applying to the land, and

  • (f)

    it is not integrated development, as defined in section 91 of the Act, and

  • (g)

    it complies with any applicable manufacturer’s instructions and any applicable Australian standard published by Standards Australia.

(4)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 49—Exempt and Complying Development as adopted by the Council on 28 February 2007.

(5)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 49—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cl 14A: Ins 2006 (552), Sch 3 [3]. Am 2007 (328), Sch 1.3 [1] [2].

15Development of land near adjoining zone boundaries(1)

Where land is located within 50 metres of a boundary between two zones, consent may be granted to development on the land that is permissible in the adjoining zone.

(2)

Consent must not be granted to the carrying out of development allowed by subclause (1) unless the consent authority is satisfied that the carrying out of the development is desirable due to planning, design, servicing or similar requirements relating to the development of the land concerned and will not adversely affect the relevant planning objectives or the amenity of the locality.

(3)

The provisions of subclauses (1) and (2) do not apply to Murrumbidgee River corridor land or any land within Zone No 7 (e).

Part 3Special controls for all landDivision 1Matters to be considered before consent is granted16What must be considered before granting consent to development?(1)

Before consenting to development of land, the consent authority must be satisfied that the carrying out of the development is consistent with the objectives of this plan and the objectives of the zone in which the land is situated.

(2)

Before consenting to development of land, the consent authority must also consider—

  • (a)

    the present use of the land and the potential of the land as productive agriculture land, and

  • (b)

    the vegetation cover, land capability (including soil resources and soil stability) and water resources (including the quality and stability of watercourses and ground water storage and riparian rights), and

  • (c)

    the future recovery, from known or prospective areas, of valuable deposits of minerals, sand, gravel or other extractive materials, and

  • (d)

    the protection of areas of significance for nature conservation or areas of high scenic or recreational value, and places and buildings of archaeological or heritage significance (including Aboriginal relics and places), and the conservation of native flora and fauna, and

  • (e)

    the cost of providing, extending and maintaining public amenities and services to any buildings or works that will result from carrying out the development, and

  • (f)

    future expansion of urban areas in the locality and the impact on any existing village, and

  • (g)

    vulnerability and exposure to natural disasters such as bush fires and floods, and

  • (h)

    in the case of subdivision, whether each allotment to be created has a practical building precinct.

(3)

This clause does not apply to development that is complying development under clause 14.

Division 2Subdivision17When is consent required for the subdivision of land?

Consent must be obtained for all subdivisions other than the following—

  • (a)

    subdivisions that only effect minor boundary adjustments which do not create any additional allotments and which do not alter the area of any allotment more than 10%, or

  • (b)

    subdivisions only for the purpose of road widening.

18What must be considered before consenting to a subdivision of land in the Rural zones and the Environmental Protection zone?(1)

Consent must not be granted to a subdivision of land within Zone No 1 (a), 1 (d), 1 (g) or 7 (e) unless the consent authority is satisfied that—

  • (a)

    the density of the allotments proposed to be created reflects the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided, and

  • (b)

    a range and mixture of allotment sizes will be provided, and

  • (c)

    essential services, including access roads, and electricity and telephone services, can be economically provided, and

  • (d)

    a site specific investigation of land capability and hydraulic/nutrient balance (undertaken by a person with qualifications satisfactory to the Council) ascertains that the land has adequate capability for on-site effluent disposal and that such disposal will not adversely affect water quality on adjoining land through either surface or sub-surface flows, and

  • (e)

    where 5 allotments or more are proposed to be created, each allotment will be provided with a reticulated non-potable water supply from a communal source, being one or more dams or bores (or dams and bores), subject to the total volume of water provided being within the limits of the maximum harvestable rights dam capacity and current Department of Land and Water Conservation policy relating to ground water access which last applied to the land prior to subdivision, and

  • (f)

    where less than 5 allotments are proposed to be created or the provision of a reticulated non-potable water supply system is proved to be not practicable, an adequate non-potable water supply will be available to each allotment, being either—

    • (i)

      a dam on each allotment with a capacity of at least 0.75 megalitre and a catchment area of at least 8 hectares, or

    • (ii)

      a ground water supply with a flow rate of 0.5 litre per second to provide a minimum annual supply of 0.75 megalitre,

    subject to the total volume of water provided being within the limits of the maximum harvestable rights dam capacity and current Department of Land and Water Conservation policy relating to ground water access which last applied to the land prior to subdivision, and

  • (g)

    the proposed locations of dwellings conform to the topography of the land, complement each other and take into account the visual impact of the development on the amenity of the area, and

  • (h)

    having regard to a site assessment carried out by a person with qualifications satisfactory to the Council, the development will not adversely impact on flora and fauna, including regionally significant species and communities, or the Aboriginal cultural heritage, including “Aboriginal objects” of the locality, and

  • (i)

    each proposed allotment has a depth to width ratio not exceeding 4:1, and

  • (j)

    each proposed allotment having an area of less than 16 hectares has frontage to a road other than a main or arterial road, and

  • (k)

    where the land proposed to be subdivided is identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council, the agricultural potential of the land has been taken into account in the subdivision design and the size of the proposed allotments is appropriate for ongoing agricultural use, and

  • (l)

    if the land proposed to be subdivided is Murrumbidgee River corridor land, the matters listed in clause 43 have been taken into account in the subdivision design.

(2)

Consent must not be granted to a subdivision of land within Zone No 1 (a) where—

  • (a)

    the development will lead to the clustering of more than 5 allotments having an area of less than 80 hectares, or

  • (b)

    in the opinion of the consent authority, the subdivision will adversely impact on the agricultural operation of the holding or neighbouring properties.

(3)

Consent must not be granted to a subdivision of land within Zone No 7 (e) unless the consent authority is satisfied that subsequent development of the subdivided land will not detrimentally impact on the scientific, environmental or social significance or visual amenity of the area.

19What are the allotment size requirements that apply to subdivision in the General Rural zone?(1)

Consent may be granted to the subdivision of land within Zone No 1 (a) only if the consent authority is satisfied that—

  • (a)

    each allotment proposed to be created by the subdivision will have an area of not less than 8 hectares, and

  • (b)

    the average area of all lots into which the land comprising each 1995 holding affected by the subdivision is divided will be not less than 80 hectares at any time, and

  • (c)

    where lots having an area of less than 80 hectares are proposed to be created, the total number of allotments having an area of less than 80 hectares created through successive subdivisions of the land comprising each 1995 holding affected by the subdivision will not exceed 5, and

  • (d)

    each proposed allotment which will have a frontage to a main or arterial road will have a frontage to that road of not less than 200 metres or one entry point to that road for vehicles, and

  • (e)

    each proposed allotment which will have a frontage to a lake or river will have a frontage to that lake or river of not less than 200 metres, and

  • (f)

    the land to which the development application applies has not previously been subdivided in accordance with this clause, unless it is the land nominated by the owner to the Council as the residue lot in the last subdivision which involved the land.

(2)

Despite subclause (1) (b), consent may be granted to the subdivision of a 1995 holding between 88 hectares and 159 hectares in area so as to create 2 allotments if the subdivision was permissible immediately prior to the gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6).

(3)

Land identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council is not to be subdivided so as to create an allotment of less than 16 hectares.

(4)

Consent may be granted to the subdivision of land within Zone No 1 (a) to create an allotment of any size that will be used otherwise than for the purpose of agriculture or a dwelling (the proposed use being development that may be carried out under Part 2), if—

  • (a)

    in the opinion of the consent authority, the area of the allotment to be created is appropriate for the development for which it is intended to be used, and

  • (b)

    where the land is identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council, the consent authority is satisfied that there is no reasonable alternative to using the allotment for the proposed development.

20What are the allotment size requirements that apply to subdivision in the Rural Residential Zone?(1)

Consent must not be granted to a subdivision of land within Zone No 1 (d) otherwise than in accordance with subclauses (2)–(5).

(2)

Consent may be granted to such a subdivision if the consent authority is satisfied that—

  • (a)

    allotments having an area of less than 16 hectares proposed to be created by the subdivision will have an average area of not less than 6 hectares, and

  • (b)

    none of the allotments proposed to be created by the subdivision will have an area of less than 2 hectares, and

  • (c)

    allotments having an area of less than 4 hectares will comprise not more than 15 per cent of the land being subdivided, and

  • (d)

    any allotment having an area of less than 4 hectares will not adjoin or be adjacent to any other allotment having an area of less than 4 hectares, and

  • (e)

    each allotment having an area of less than 4 hectares will have frontage to a public road other than a main or arterial road.

(3)

The Council must not grant consent to a subdivision of land within Zone No 1 (d) if the land has been previously subdivided in accordance with this clause or clause 13A of Yarrowlumla Local Environmental Plan 1993.

(4)

The Council must not grant consent to a subdivision of an allotment of land with an area of 16 hectares or less within Zone No 1 (d) if the allotment has been previously subdivided in accordance with clause 13 (4) of Yarrowlumla Local Environmental Plan 1993, clause 14 (4) of Yarrowlumla Local Environmental Plan 1986 or clause 11B (3) or 11C of Interim Development Order No 1—Shire of Yarrowlumla.

(5)

Despite subclause (3), consent may be granted to the subdivision of land within Zone No 1 (d) to create an allotment of any size that will be used otherwise than for the purpose of agriculture or a dwelling (the proposed use being development that may be carried out under Part 2), if—

  • (a)

    in the opinion of the consent authority, the area of the allotment to be created is appropriate for the development for which it is intended to be used, and

  • (b)

    where the land is identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council, the consent authority is satisfied that there is no reasonable alternative to using the allotment for the proposed development.

(6)

Consent may be granted to a subdivision of land within Zone No 1 (g) if the subdivision will create a title for an existing dwelling by excising an allotment from the land on which it is situated.

21What must be considered before consent is granted to subdivision in the Village Zone?

Consent must not be granted to a subdivision of land within Zone No 2 (v) unless the consent authority is satisfied—

  • (a)

    that the subdivision is consistent with the character of the area in which it is proposed having regard to existing density, landscape and nearby development, and

  • (b)

    that the subdivision does not take in unsuitable areas such as floodplain land, and

  • (c)

    that the development achieves the most efficient use of existing utility services (such as water supply and sewerage services), roads and streets, and

  • (d)

    that, where connection of a proposed allotment to a sewer is not possible, the allotment will be suitable for on-site effluent disposal without adverse effect on ground or surface water quality.

21AWhat special requirement applies to subdivision in the Village Zone in the local government area of Palerang?

Despite any other provision of this plan, consent must not be granted to the subdivision of so much of the land within Zone No 2 (v) as is in the local government area of Palerang unless the consent authority is satisfied that the lots created by the subdivision will be connected to a reticulated sewerage system that is owned and operated by Palerang Council.

cl 21A: Ins 2006 (485), cl 4.

22What are the allotment size requirements that apply to subdivision in the Village Zone?(1)

Consent may be granted to the subdivision of land within Zone No 2 (v) so as to create an allotment that the consent authority is satisfied is intended to be used for the purpose of a dwelling only if the allotment has an area of 450 square metres or more in the sewered areas of Zone No 2 (v) and 2,000 square metres or more in the unsewered areas of Zone No 2 (v).

(2)

Consent may be granted to a subdivision of land so as to create an allotment of less than 450 square metres in the sewered areas of Zone No 2 (v) that the consent authority is satisfied is intended to be used for any permissible development (other than the erection of dwellings, residential flat buildings, boarding houses, motels and the like) if the consent authority is satisfied that such an allotment is appropriate having due regard to the purpose for which it is being created.

(3)

Despite subclause (1), consent may be granted to a subdivision of land within Zone No 2 (v) to create allotments of less than 2,000 square metres, but not less than 1,000 square metres, in the unsewered areas of Zone No 2 (v), but only if the consent authority has had regard to a detailed analysis, including consideration of—

  • (a)

    slope, and

  • (b)

    ground cover, and

  • (c)

    soil permeability, and

  • (d)

    transpiration factors, and

  • (e)

    proximity of proposed dwellings to flow lines, and

  • (f)

    the location of proposed dwellings in relation to proposed waste disposal systems and to each other.

(4)

Despite subclauses (1)–(3), consent may not be granted to the subdivision of land within Zone No 2 (v) and shown hatched on the zoning map.

23What are the allotment size requirements that apply to subdivision in Zone No 7 (e)?
(1)

Allotments proposed in Zone No 7 (e) must meet the following standards—

  • (a)

    where there is a dwelling on the land, the allotment on which it will be situated must have an area of not less than 80 hectares,

  • (b)

    where the allotment will be created for the purpose of erecting a dwelling, the allotment must have an area of not less than 80 hectares.

(2)

Consent may be granted to a subdivision of land within Zone No 7 (e) to create an allotment of any size that will be used otherwise than for the purpose of agriculture or a dwelling (the proposed use being development that can be carried out under Part 2), if—

  • (a)

    the area of the allotment to be created is appropriate for the development for which it is intended to be used, and

  • (b)

    where the land is identified as Class 1, 2 or 3 on the map prepared by the Department of Agriculture and held in the office of the Council, there is no reasonable alternative to using the allotment for the proposed development.

Division 3Erection of dwellings24What requirements apply for the erection of a dwelling house on land within Zone No 1 (a)?(1)

The land on which it is proposed to erect a dwelling house within Zone No 1 (a) must—

  • (a)

    be a vacant allotment having an area of not less than 80 hectares. However, this paragraph allows the erection of a dwelling house only if it will not generate demands for the provision of services which, in the opinion of the Council, cannot be economically provided, or

  • (b)

    be a vacant 1995 holding on which a dwelling house could have been lawfully erected immediately before the appointed day, or

  • (c)

    be a lot in a subdivision consented to in accordance with clauses 18 and 19, or

  • (d)

    be a lot in a subdivision which was consented to or approved by the Council before the appointed day and which met the requirements for erecting a dwelling house that applied at the date the subdivision was consented to or approved.

(2)

Before granting consent to the erection of a dwelling house on land within Zone No 1 (a), the consent authority must be satisfied that—

  • (a)

    an on-site effluent disposal report indicates that the parcel of land has an adequate capability for on-site effluent disposal and that such disposal will not adversely affect the water quality on adjoining land through either surface or sub-surface flows, and

  • (b)

    an adequate water supply for domestic, land management and firefighting purposes is provided.

(3)

In the case of an allotment created pursuant to clause 19 (1), the consent authority must be satisfied that the dwelling house is ancillary to the use of the allotment for some other purpose for which development may lawfully be carried out on the allotment.

(4)

Not more than one dwelling house may be erected on an area of land referred to in subclause (1). This does not, however, prevent a second dwelling house being erected which is intended to replace an existing dwelling house and which is not occupied prior to the removal of the existing dwelling house, nor does it prevent the erection of a dual occupancy.

(5)

Despite subclause (4), a rural worker’s dwelling may be erected on an allotment of land within Zone No 1 (a) having an area of not less than 80 hectares.

25What requirements apply for the erection of a dwelling house on land within Zone No 1 (d)?(1)

The land on which it is proposed to erect a dwelling house within Zone No 1 (d) must—

  • (a)

    be a vacant lot having an area of not less than 8 hectares. However this paragraph allows the erection of a dwelling house only if it will not generate demands for the provision of services which, in the opinion of the Council, cannot be economically provided, or

  • (b)

    be a lot in a subdivision consented to in accordance with clauses 18 and 20, or

  • (c)

    be a lot in a subdivision which was consented to or approved by the Council before the appointed day and which met the requirements for erecting a dwelling house that applied at the date the subdivision was consented to or approved.

(2)

Before granting consent to the erection of a dwelling house on land within Zone No 1 (d), the consent authority must be satisfied that—

  • (a)

    an on-site effluent disposal report indicates that the parcel of land has an adequate capability for on-site effluent disposal and that such disposal will not adversely affect the water quality on adjoining land through either surface or sub-surface flows, and

  • (b)

    an adequate water supply for domestic, land management and firefighting purposes is provided.

(3)

Not more than one dwelling house may be erected on an area of land referred to in subclause (1). This does not, however, prevent a second dwelling house being erected which is intended to replace an existing dwelling house and which is not occupied prior to the removal of the existing dwelling house, nor does it prevent the erection of a dual occupancy.

26What requirements apply for the erection of a dwelling house on land within Zone No 1 (g)?(1)

The land on which it is proposed to erect a dwelling house within Zone No 1 (g) must—

  • (a)

    be a holding having an area of not less than one hectare, or

  • (b)

    be a lot in a subdivision which was consented to or approved by the Council before the appointed day and which met the requirements for erecting a dwelling house that applied at the date the subdivision was consented to or approved.

(2)

Before granting consent to the erection of a dwelling house on land within Zone No 1 (g), the consent authority must be satisfied that—

  • (a)

    an on-site effluent disposal report indicates that the parcel of land has an adequate capability for on-site effluent disposal and that such disposal will not adversely affect the water quality on adjoining land through either surface or sub-surface flows, and

  • (b)

    an adequate water supply for domestic, land management and firefighting purposes is provided.

(3)

Not more than one dwelling house may be erected on an area of land referred to in subclause (1). This does not, however, prevent a second dwelling house being erected which is intended to replace an existing dwelling house and which is not occupied prior to the removal of the existing dwelling house.

27What requirements apply for the erection of a dwelling house on land within Zone No 2 (v)?(1)

The land on which it is proposed to erect a dwelling house within Zone No 2 (v) must—

  • (a)

    be a holding having an area of not less than 450 square metres, or

  • (b)

    be a lot in a subdivision consented to in accordance with clauses 21 and 22, or

  • (c)

    be a lot in a subdivision which was consented to or approved by the Council before the appointed day and which met the requirements for erecting a dwelling house that applied at the date the subdivision was consented to or approved.

(2)

Before granting consent to the erection of a dwelling house on land within Zone 2 (v) that does not have access to reticulated water and sewerage infrastructure, the consent authority must be satisfied that—

  • (a)

    an on-site effluent disposal report indicates that the parcel of land has an adequate capability for on-site effluent disposal and that such disposal will not adversely affect the water quality on adjoining land through either surface or sub-surface flows, and

  • (b)

    an adequate water supply for domestic, land management and firefighting purposes is provided.

28What requirements apply for the erection of a dwelling house on land within Zone No 7 (e)?(1)

The land on which it is proposed to erect a dwelling house within Zone No 7 (e) must—

  • (a)

    be a vacant allotment having an area of not less than 80 hectares, that in the consent authority’s opinion, is suitable for on-site disposal of waste water. However, this paragraph allows the erection of a dwelling house only if, in the opinion of the Council, it will not generate demands for the provision of services which, in the opinion of the Council, cannot be economically provided, or

  • (b)

    be a lot in a subdivision consented to in accordance with clauses 18 and 23, or

  • (c)

    be a lot in a subdivision which was consented to or approved by the Council before the appointed day and which met the requirements for erecting a dwelling house that applied at the date the subdivision was consented to or approved.

(2)

Before granting consent to the erection of a dwelling house on land within Zone No 7 (e), the consent authority must be satisfied that—

  • (a)

    an on-site effluent disposal report indicates that the parcel of land has an adequate capability for on-site effluent disposal and that such disposal will not adversely affect the water quality on adjoining land through either surface or sub-surface flows, and

  • (b)

    an adequate water supply for domestic, land management and firefighting purposes is provided.

(3)

Not more than one dwelling house may be erected on an area of land referred to in subclause (1). This does not, however, prevent a second dwelling house being erected which is intended to replace an existing dwelling house and which is not occupied prior to the removal of the existing dwelling house.

29What requirements apply to dual occupancy development?(1)

In this clause, dual occupancy development means development which results in the erection of two dwellings, one of which has a floor area (excluding vehicle accommodation and verandahs) of not more than 150 square metres, on one allotment of land.

(2)

Consent may be granted to dual occupancy development on land within Zone No 1 (a) or 1 (d) only if—

  • (a)

    a dwelling house can be or has been lawfully erected on the land, and

  • (b)

    the proposed development will not substantially interfere with the primary purpose for which the land is intended to be used, and

  • (c)

    no additional access to a public road will be required from the land because of the dual occupancy development, and

  • (d)

    domestic waste water can be effectively disposed of within the boundaries of the land.

(3)

Consent may be granted to dual occupancy development on an allotment within Zone No 2 (v) only where the allotment can be connected to a sewerage system.

30What requirements apply to cluster housing development?(1)

A person may, with development consent, carry out cluster housing development on land within Zone No 1 (d) and on land referred to in Schedule 6.

(2)

For the purposes of this clause, cluster housing development means—

  • (a)

    the subdivision of land under the Community Land Development Act 1989, and

  • (b)

    the erection of a single dwelling house on one or more of the lots created by the subdivision.

(3)

Consent must not be granted to the subdivision forming part of cluster housing development unless the consent authority has taken into account the following matters relating to the size and number of allotments to be created—

  • (a)

    the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided, in regard to the density of the allotments proposed to be created,

  • (b)

    the desirability of providing a range and mixture of allotment sizes,

  • (c)

    whether the design of each allotment to be created by the subdivision is satisfactory for the economical provision of services,

  • (d)

    the findings of an on-site effluent disposal report confirming that the land has an adequate capability for on-site effluent disposal and that such disposal will not adversely affect water quality on adjoining land through either surface or sub-surface flows,

  • (e)

    the visual impact of the development from arterial roads, and

  • (f)

    whether an adequate water supply is available to each allotment.

(4)

After land to which this clause applies has been subdivided for the purpose of cluster housing development, further subdivision of the land to create a separate land title for a dwelling is prohibited.

31What is the minimum allotment area on which cluster housing development is permitted?

Consent must not be granted to the carrying out of cluster housing development on land within Zone No 1 (d) or referred to in Schedule 6 unless—

  • (a)

    the land has an area of not less than 16 hectares, and

  • (b)

    each lot to be created by the development has an area of not less than 1,000 square metres, and

  • (c)

    not more than 1 dwelling house is proposed to be erected—

    • (i)

      in the case of land within Zone No 1 (d)—for each 6 hectares of land on which the development is proposed to be carried out, or

    • (ii)

      in the case of land referred to in Schedule 6—on each lot created by the subdivision, and

  • (d)

    in the case of land referred to in Schedule 6—the development complies with the conditions (if any) specified in that Schedule in relation to that land.

Division 4Roads32When do roads not require development consent?(1)

Development comprising the construction of roads and associated works, including bridges, roadside furniture, bus shelters, landscaping, drainage and the like, may be carried out without development consent if it is carried out by or on behalf of a public authority.

(2)

Maintenance and repair of an existing constructed road may be carried out without development consent.

33What are the requirements for access?

In deciding whether to grant development consent, the consent authority must consider—

  • (a)

    whether the standard of the roads providing access (including stormwater drainage) to the site of the proposed development is adequate to cater for existing and potential traffic, and

  • (b)

    whether traffic associated with the proposed development will cause the condition of the roads to deteriorate, and

  • (c)

    the maximisation of sight distances for drivers using the road, including visibility of points of access from the road and the adequacy of the view of the road from the points of access.

34What general controls apply to earthworks on land?(1)

Earthworks may be carried out only with development consent.

(2)

Where erosion gully rehabilitation is to be addressed by way of backfilling, the material used is to be restricted to clean material such as soil, sand, concrete crushed to a maximum diameter of 300 mm and bricks, and is not to include putrescible waste, timber or other biodegradable material.

(3)

Despite subclause (1), development consent is not required—

  • (a)

    for the construction of dams or access tracks on holdings having an area of 80 hectares or more within Zone No 1 (a), or

  • (b)

    for the construction of dams within Zone No 1 (d) in accordance with a water management plan approved by the Council and the Department of Land and Water Conservation.

Division 5Vegetation protection35Where does vegetation protection control apply?

With the exception of land within Zone No 1 (f), this Division applies to all land in the local government area of Yarrowlumla.

36When is consent required?(1)

Development consent is required before a person takes, or allows any action to be taken which ringbarks, cuts down, tops, lops, removes, injures, poisons or wilfully destroys—

  • (a)

    any area of native vegetation, or

  • (b)

    any live tree having an overall height of 3 metres or more above ground, or a branch span at any height in excess of 3 metres, or

  • (c)

    any dead tree having an overall height of 6 metres or more above ground.

(2)

This clause does not affect any requirement for consent made by the Native Vegetation Conservation Act 1997 or the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

37When is consent not required?

Development consent is not required by clause 36 where—

  • (a)

    the tree’s condition constitutes an immediate threat to life or property, or

  • (b)

    the trunk of the tree is located no more than 3 metres from any part of any habitable building or no more than 3 metres from any underground utility service main, or

  • (c)

    the work involves only minor pruning which is necessary to promote growth or fruit production, or to improve the shape of the tree’s canopy, and is not likely to jeopardise the tree’s existence, or

  • (d)

    the action with respect to the tree or native vegetation is required by or under any Act, or

  • (e)

    the removal of the native vegetation is for the purposes of creating or maintaining landscaped and lawn areas where—

    • (i)

      the work does not involve the removal, injury or destruction of trees, and

    • (ii)

      the area to be cleared is within the curtilage of a dwelling for which development consent has been granted or is within a building precinct created under subdivision and is less than 2,000 square metres in total, and

    • (iii)

      the slope of the land is not in excess of 18 degrees,

    • (iv)

      the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or

  • (f)

    the tree or native vegetation is being cleared for the purposes of fence construction or maintenance and the total area cleared for these purposes does not exceed 5 metres in width, or

  • (g)

    on holdings within Zone No 1 (a) with an area greater than 80 hectares, the work is ancillary to an agricultural activity and directly related to land management provided such work does not contravene the Native Vegetation Conservation Act 1997 or any other Act.

38What matters must be considered before granting consent?

Before granting a consent required by this Division, the consent authority must consider the following—

  • (a)

    the reason for the proposed work,

  • (b)

    whether the tree or vegetation to be destroyed provides habitat to threatened or endangered flora or fauna,

  • (c)

    the contribution of the tree to the local landscape or streetscape,

  • (d)

    the type and rarity of the species concerned,

  • (e)

    the number of trees in the vicinity,

  • (f)

    whether the tree to be affected may become dangerous or damage property or utility services,

  • (g)

    whether new plantings are proposed or are desirable,

  • (h)

    the effect of the proposed work on local views, on solar access to properties and on local amenity,

  • (i)

    any heritage significance of the tree to be affected,

  • (j)

    the effect of the proposed work on soil conservation and erosion.

Part 4Special controls for localitiesDivision 1Flood hazard39What are floodplain land and flood planning area?

For the purposes of this plan—

floodplain land means—

  • (a)

    land that is susceptible to inundation by a probable maximum flood (PMF) event, being the largest flood that could conceivably occur at a location based on current knowledge, or

  • (b)

    land considered by the Council to be subject to local stormwater flooding whether or not it is recorded as such on maps held by the Council.

flood planning area means land below the flood planning level (FPL) mapped for the purposes of defining a flood standard that has been adopted by the Council and is identified on the map marked “Bungendore Flood Map”.

flood planning level means the annual exceedance probability (AEP) level of a 1% (1 in 100 year) flood.

40What special controls apply to development of floodplain land?(1)

Before granting consent to development of floodplain land, the consent authority must consider the following—

  • (a)

    the extent and nature of the flooding or inundation hazard affecting the land,

  • (b)

    whether or not the proposed development would increase the risk or severity of flooding or inundation affecting other land or buildings, works or other land uses in the vicinity,

  • (c)

    whether the risk of flooding or inundation affecting the proposed development could be reasonably mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,

  • (d)

    the social impact of flooding on occupants, including the ability of emergency and support services to access, rescue and support residents of flood prone areas,

  • (e)

    the provision of any floodplain management plan, interim local flood policy or relevant development control plan adopted by the Council.

(2)

Despite any other provision of this plan, development which includes the erection of a building is prohibited on land within a floodway area identified on the map marked “Bungendore Flood Map”.

41What special controls apply to development within the flood planning area?(1)

A person must not, except with development consent, erect a building or carry out a work for any purpose on land that is within a flood planning area.

(2)

Before granting consent to development of land within a flood planning area, the consent authority must be satisfied that adequate measures are taken to—

  • (a)

    reduce the impact of flooding on the land, and

  • (b)

    prevent the incidence of structural damage likely to be caused to any buildings to be located on the land, and

  • (c)

    enable the evacuation of people and limit any cost to the community of evacuation, and

  • (d)

    prevent any cumulative adverse effect the development will have on flood behaviour.

(3)

Conditions of a development consent may require the habitable floor of a building to be erected to a height which is sufficient, in the consent authority’s opinion, to obviate the frequent flooding of the habitable floor.

Division 2Murrumbidgee River corridor land42What is Murrumbidgee River corridor land?

For the purposes of this plan, Murrumbidgee River corridor land means land shown stippled on the zoning map.

43What must be considered before granting consent to the development of Murrumbidgee River corridor land?

Despite any other clause, consent must not be granted to the development of Murrumbidgee River corridor land unless the consent authority has considered the following impacts and is satisfied that they can be minimised—

  • (a)

    soil erosion or other land degradation,

  • (b)

    loss of scenic amenity,

  • (c)

    loss of important vegetation systems or wildlife habitats,

  • (d)

    cumulative impact of development.

Division 3Protection of rivers and streams44What is a perennial watercourse?

For the purposes of this plan, perennial watercourse means land shown as such on the latest version 1:25,000 scale topographic map for the land to which this clause applies produced by Land and Property Information NSW and available for public inspection at the office of the Council.

45When is development consent required?

Despite any clause other than clause 55, development consent is required—

  • (a)

    for any development (other than routine agricultural activities, including cropping and pasture improvement) within 40 metres of a perennial watercourse, and

  • (b)

    for agricultural activities that involve soil disturbance within 10 metres of the banks of a perennial watercourse.

46What must be considered before granting development consent?(1)

Before granting a consent required by clause 45, the consent authority must take into account the impact of the proposed development on the following—

  • (a)

    water quality and quantity,

  • (b)

    aquatic habitats and riparian communities,

  • (c)

    the function of the perennial watercourse and its associated vegetation as a habitat corridor,

  • (d)

    the scenic and recreational values of the perennial watercourse and its associated vegetation communities.

(2)

The consent authority must also take into account the adequacy of the measures proposed by the applicant to avoid, mitigate or remedy any adverse effects of the proposed development on the ecological and aesthetic values of the perennial watercourse concerned and of land in the vicinity.

Division 4Heritage conservation47What controls apply to the development of heritage items and relics?(1)

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

  • (a)

    demolishing, defacing, damaging or moving a heritage item, or

  • (b)

    altering a heritage item by making structural changes to its exterior, or

  • (c)

    altering a heritage item by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which do not adversely affect its heritage significance, or

  • (d)

    moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

  • (e)

    erecting a building on, or subdividing, land on which a heritage item is located.

(2)

Development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item.

(3)

When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 47: Am 2008 (571), Sch 3.200 [1].

48What restrictions apply to development near heritage items?

The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item and on its setting, when determining an application for consent to carry out development on land in its vicinity.

49, 50

(Repealed)

cl 49: Rep 2021 (716), Sch 1.53.

cl 50: Rep 2008 (571), Sch 3.200 [2].

51Are there conservation incentives for heritage items?

Consent may be granted to the use, for any purpose, of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise be prohibited by this plan, if the consent authority is satisfied that—

  • (a)

    the proposed use would not adversely affect the heritage significance of the heritage item or its setting, and

  • (b)

    the conservation of the heritage item depends on the granting of the consent.

Division 5Soil, water, domestic waste and effluent management52What controls apply to soil, water and effluent management?(1)

A person must not carry out development that relates to the habitation of land by humans unless and until arrangements satisfactory to the Council have been made by the applicant (and, if the applicant is not the owner, the owner also) for the provision of a water supply, for facilities for the removal of sewage, and for the drainage of stormwater and other surface water from the land and for the treatment and disposal of effluent and solid domestic waste.

(2)

In deciding whether arrangements for drainage of stormwater and other surface water and the treatment and disposal of effluent and solid domestic waste are satisfactory, the Council must take into account whether the proposed systems can be accomplished in a manner which meets the following objectives—

  • (a)

    economical feasibility and practicality in terms of design, installation and maintenance,

  • (b)

    protection of public health,

  • (c)

    protection of surface water,

  • (d)

    protection of ground water,

  • (e)

    encouragement of the utilisation of waste water as a resource rather than a waste for disposal, and

  • (f)

    protection of community amenity.

(3)

Despite any other provision of this plan, taking into account the objectives of the zone in which development the subject of this clause is proposed, consent may be granted to the construction of devices which, in the opinion of the consent authority, are to be used principally for the purpose of soil and water management or water pollution control.

(4)

Despite any other provision of this plan, on-site domestic waste disposal is permitted without development consent in Zone No 1 (a) subject to—

  • (a)

    the holding being 80 hectares or greater,

  • (b)

    only domestic solid waste generated on the property being disposed of on the site,

  • (c)

    the disposal site being a minimum 100 metres from any watercourse,

  • (d)

    the ground water table being not within 3 metres of the ground surface,

  • (e)

    stormwater and seepage being excluded from the disposal area, and

  • (f)

    the disposal area being fenced off to exclude stock and the area being progressively vegetated.

Part 5Miscellaneous53What special provisions apply to a home activity?(1)

Consent may be granted for—

  • (a)

    the use of a building within Zone No 1 (a), 1 (d), 1 (g), 2 (v) or 7 (e) for the purpose of a home activity occupying a gross floor area of up to but not exceeding 100 square metres, and

  • (b)

    the sale from the building of artefacts or produce manufactured or grown on the premises or on the land on which the building is erected.

(2)

For the purposes of subclause (1), the consent authority must be satisfied before granting consent to development for the purpose of a home activity that the activity or pursuit does not—

  • (a)

    interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,

  • (b)

    involve exposure to view from any public place of any unsightly matter,

  • (c)

    require the provision of any essential service main of greater capacity than that available in the locality,

  • (d)

    if the dwelling house or dwelling concerned is situated within Zone No 2 (v), involve the employment of persons other than residents of the dwelling house or dwelling,

  • (e)

    if the dwelling house or dwelling concerned is not situated within Zone No 2 (v), involve the employment of more than one person who is not a resident of the dwelling house or dwelling, or

  • (f)

    involve the exhibition of any notice, advertisement or sign other than a notice or sign (not exceeding 1 metre by 0.75 metre) indicating the nature of the activity or pursuit carried out by the resident of the dwelling house or dwelling.

54What special provisions apply to the temporary use of land?

Despite any other provision of this plan, consent may be granted to the carrying out of any development on land (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

55What Council development does not require development consent?

The Council is not required to obtain consent to carry out development, in any zone, for development for the purpose of the following—

  • (a)

    roads and bridges,

  • (b)

    stormwater drainage,

  • (c)

    recreation areas,

  • (d)

    bush fire hazard reduction,

  • (e)

    parking,

  • (f)

    landscaping,

  • (g)

    gardening,

  • (h)

    water and sewerage infrastructure,

  • (i)

    traffic facilities.

56What are the restrictions on development fronting main roads?(1)

Before granting consent to development of land which—

  • (a)

    fronts a main road, or

  • (b)

    relies solely on a main road for its access, or

  • (c)

    has access to a road which intersects with a main road, where the point of access is within 90 metres of the intersection of the road and the main road,

the consent authority must consider—

  • (d)

    whether the traffic likely to be generated by the development will cause a traffic hazard or reduce the capacity of the main road, and

  • (e)

    whether it is important for the development to be located near the main road, and

  • (f)

    the access points and on-site arrangements for vehicle movements and parking, and

  • (g)

    the effect the development will have on future improvements or realignment of the main road.

(2)

Consent must not be granted to the carrying out of development described in Schedule 8 on or with respect to land within Zone No 1 (a), 1 (d), 1 (g) or 7 (e) if the granting of that consent will result in persons using the land having direct access to a main road.

57What are the restrictions on development on ridgelines in rural areas?(1)

For the purposes of this clause, ridgeline means a long narrow hilltop, mountain range or watershed.

(2)

Consent may be granted to the carrying out of development on or near any ridgeline visible from any public road only if, in the opinion of the consent authority, the development is not likely to detract from the visual amenity of the rural area and is not in conflict with the community interest.

(3)

In determining whether to grant such a consent, the consent authority must consider the following—

  • (a)

    the height and location of any building that will result from carrying out the development,

  • (b)

    the reflectivity of materials to be used in carrying out the development,

  • (c)

    the likely effect of carrying out the development on the stability of the land,

  • (d)

    any bush fire hazard,

  • (e)

    whether landscaping proposals satisfactory to the consent authority have been made,

  • (f)

    whether the development is essential to the viable use of the land concerned.

58What are the special provisions applying to major visual corridors?(1)

This clause applies to all land within 400 metres of, or such greater distance as, in the opinion of the consent authority, is within the visual corridor of—

  • (a)

    the Monaro Highway, or

  • (b)

    the Kings Highway, or

  • (c)

    the Federal Highway, or

  • (d)

    the Barton Highway.

(2)

Before granting consent to development of land to which this plan applies, the consent authority shall have regard to—

  • (a)

    the significance of the land as part of a visual corridor of regional importance, and

  • (b)

    the visual impact of the proposed development as viewed from the roads identified in subclause (1), and

  • (c)

    what measures are available to minimise any adverse visual impacts, and

  • (d)

    the matters referred to in clause 57 (3) (a), (b), (e) and (f).

(3)

Where the development sought relates to subdivision, the consent authority shall have regard to—

  • (a)

    whether the lots proposed to be created will have a site for a dwelling house that, in the opinion of the consent authority, will be satisfactory, having regard to matters referred to in subclause (2) (a)–(c), and

  • (b)

    whether the site or sites for dwellings should be restricted by a condition of consent, if it is granted.

59Development of unzoned land

Despite any other provision of this plan, development must not be carried out on any land that is unzoned without development consent.

60Development for certain additional purposes(1)

Nothing in this plan prevents a person, with development consent, from carrying out development on land referred to in Schedule 9 as specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)

Any land described in Schedule 9 as being part of a lot or portion may be identified from a map kept at the office of the Council.

61Bush fire prevention

Before granting consent to any development on land which in its opinion is likely to be affected by bush fire, the consent authority must take into account whether—

  • (a)

    the development is likely to have a significant adverse effect on the implementation of any strategies for bush fire control and fuel management adopted by the Council, and

  • (b)

    a significant threat to the lives of residents, visitors or emergency services personnel may be created or increased as a result of the development or the access arrangements to and from the site of the development, and

  • (c)

    the increased demand for emergency services during bush fire events created by the development would lead to a significant decrease in the ability of the emergency services to effectively control major bush fires, and

  • (d)

    the measures proposed to avoid or mitigate the threat from bush fire, including siting of the development, design of structures and materials used, clearing of vegetation, fuel free and fuel reduced areas and landscaping and fire control aids such as roads and water supplies, are inadequate or impractical for the locality or would result in unacceptable environmental impacts.

62Land degradation(1)

The objective of this clause is to promote sustainable land management by ensuring that the intensity of any development carried out on a holding does not result in noxious weed infestation or excessive loss of vegetative ground cover which may lead to erosion, sedimentation or land degradation.

(2)

Despite any other clause, activities are to be carried out on a holding so that their impact on that land avoids land degradation.

63Removal of bush rock

A person must not, from land to which this plan applies, remove bush rock of a size greater than or equal to 200 millimetres at its widest point without development consent except in the following circumstances—

  • (a)

    where the removal occurs during mining or quarrying for which development consent or an approval within the meaning of Part 5 of the Act has been granted, or

  • (b)

    where it is necessary to remove the rock to carry out other development for which consent has been granted or an activity for which such an approval has been granted, or

  • (c)

    where the removal of the rock constitutes a necessary part of the carrying out of a routine agricultural activity and the rock will be retained on that farm, or

  • (d)

    where the removal is licensed under the Threatened Species Conservation Act 1995 or the National Parks and Wildlife Act 1974.

64Temporary occupancy(1)

Consent may be granted for the temporary occupancy of land on which an approved dwelling house is being constructed for a maximum period of twelve months.

(2)

Before granting consent under subclause (1), the consent authority must consider—

  • (a)

    the proposed timetable for construction and expected completion date, and

  • (b)

    the suitability of the type of accommodation proposed, and

  • (c)

    the proposed kitchen, washing, bathing and toilet facilities, including effluent disposal arrangements, and

  • (d)

    the number of persons proposed to be accommodated in the temporary occupancy, and

  • (e)

    the impact of the proposal on the amenity of the area.

(3)

The structure used as temporary occupancy must be returned to its original use on completion of the dwelling house.

65Exceptions 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 for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

  • (a)

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

  • (b)

    that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)

Development consent must not be granted for development that contravenes a development standard unless—

  • (a)

    the consent authority is satisfied that—

    • (i)

      the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

    • (ii)

      the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

  • (b)

    the concurrence of the Planning Secretary has been obtained.

(5)

In deciding whether to grant concurrence, the Planning Secretary must consider—

  • (a)

    whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

  • (b)

    the public benefit of maintaining the development standard, and

  • (c)

    any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone No 1 (a) (General Rural Zone), Zone No 1 (d) (Rural Residential Zone) or Zone No 7 (e) (Environmental Protection 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)

After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(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.

  • (d)

    an optometrist registered under the Optometrists Act 1930.

health consulting rooms means a room, or a number of rooms, within a building used by not more than three health care professionals, to provide professional health care services to members of the public, but does not include a hospital or a medical centre.

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

heliport means a place open to the public regularly used for the taking off and landing of helicopters, whether or not it includes—

  • (a)

    a terminal building, or

  • (b)

    facilities for the parking, storage or repair of helicopters.

heritage conservation plan means a document identifying the heritage significance of a building, work, relic, tree or place and proposing controls on its future development and use.

heritage item means a building, work, relic, tree or place described in Schedule 7.

high technology industry means an industry or associated commercial activity which is directly associated with the activities of a research establishment or tertiary education establishment or which involves the use, development or production of advanced technologies.

hire establishment means a building or place used for the hire of vehicles, boats, caravans, equipment, machinery or the like.

holding means one or more adjoining or adjacent allotments in the one ownership.

home activity means an activity or pursuit carried out in a building or room or number of rooms forming part of, attached to, or within the curtilage of a dwelling where—

  • (a)

    the primary use of the dwelling is for residential purposes,

  • (b)

    the activity or pursuit does not or is not likely to—

    • (i)

      interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,

    • (ii)

      involve exposure to view from any public place of any matter,

    • (iii)

      require the provision of any essential service main of a greater capacity than that available in the locality, or

    • (iv)

      generate traffic out of keeping with the surrounding locality, and

  • (c)

    the activity or pursuit is undertaken by the permanent residents of the dwelling.

home occupation means an occupation carried out in a dwelling by the permanent residents of the dwelling which does not involve—

  • (a)

    the licensing of the premises under the Dangerous Goods Act 1975, or

  • (b)

    the employment of persons other than those residents, or

  • (c)

    interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or

  • (d)

    the display of goods, whether in a window or otherwise, or

  • (e)

    the exhibition of any notice or advertisement (other than a notice or advertisement exhibited on that dwelling to indicate the name and occupation of the resident), or

  • (f)

    the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail.

hospital means a building or place (other than a penal or reformative establishment) used for providing professional health care services to people whether or not they are admitted as inpatients and includes—

  • (a)

    ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants 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,

and includes a building or place used exclusively as a day surgery or day procedure centre, but does not include health consulting rooms or a medical centre.

hotel means premises for the lawful operation of which a hotelier’s licence is required under the Liquor Act 1982.

housing for aged or disabled persons means residential accommodation which may take any residential building form, and which is or is intended to be used as housing for the permanent accommodation of aged persons or disabled persons.

industry means—

  • (a)

    any manufacturing process, or

  • (b)

    the breaking up or dismantling of any goods or any article for trade or sale or gain or in a process ancillary to any business,

but (in the Table to clause 11) does not include an extractive industry, a high technology industry, a home industry, a light industry, a rural home industry or a rural industry.

institution means a penal or reformative establishment.

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

land degradation means the decline in the quality of natural land resources caused through improper use of land by humans.

landfill means the filling of land with materials such as earth, soil, sand, concrete crushed to a maximum diameter of 300 mm and bricks, but does not include putrescible waste or timber.

landscape means character or visual quality of the environment of a particular location or area and may include both natural and built elements.

light industry means an industry in which the processes carried on, or the transportation involved or the machinery or materials used do not interfere unreasonably with the amenity of the neighbourhood, being small scale manufacturing, furniture manufacturing, restoration work and the like.

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

main road means a road declared to be a main road under the Roads Act 1993.

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

  • (a)

    a main or arterial road, or

  • (b)

    a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.

manufactured home means a self-contained dwelling (that includes at least one kitchen, bathroom, bedroom and living area and also includes toilet and laundry facilities), being a dwelling—

  • (a)

    that comprises one or more major sections that are each constructed, and assembled, away from a manufactured home estate and transported to the estate for installation on the estate, and

  • (b)

    that is not capable of being registered under the Road Transport (Vehicle Registration) Act 1997.

manufactured home estate means land on which manufactured homes are, or are to be, erected.

market means an open air area or building used for the selling, exposing or offering for sale by retail of goods, merchandise or materials and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.

materials recycling facility means a building or place used for collecting, dismantling, storing or recycling of second-hand or scrap materials for the purpose of resale, reuse or transfer.

medical centre means a building or place used for providing professional health services to outpatients only, but does not include a hospital or health consulting rooms.

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 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 means any mineral within the meaning of the Mining Act 1992.

mineral sand mine means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.

motel means premises used for the temporary or short-term accommodation of travellers, but (in the zoning table) does not include premises elsewhere defined in this Dictionary.

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

Murrumbidgee River corridor land means the land shown stippled on the zoning map.

native plants means plants indigenous to the State, including trees, shrubs, ferns, vines, herbs and grasses indigenous to the State.

offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land.

paintball establishment means a building or place used for the purpose of providing facilities for recreational field games such as paintball skirmish or the like.

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

parking station means a building or place, whether operated for gain or not, used for parking vehicles otherwise than only as a use that is ordinarily ancillary or incidental to another use, and includes any manoeuvring space and access from or to the building or place.

passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle forming part of that undertaking.

periodic public entertainment means a fete, show, fireworks display or the like conducted from time to time by a service club or similar body, but does not include a major commercial entertainment.

piggery means a building or place where 3 or more pigs over 8 months of age are kept, but does not include an abattoir or slaughterhouse.

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 purpose 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 building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

plant depot means a building or place used for the parking or servicing of moveable plant and motor vehicles by the owner or lessee of that building or place, being plant used in an occupation or business carried on at some other location.

potential dam site means an excavation in which water is stored by the use of earthen walls or walls made of other materials.

poultry farm means—

  • (a)

    a building or place in which or on which more than 500 hens are kept, or

  • (b)

    a building or place that is used for commercial poultry breeding purposes.

professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling house and used by not more than three legally qualified medical practitioners or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one practise in partnership, and who employ not more than three employees in connection with that practice.

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 undertaking means a building, work or undertaking carried out under the authority of any Government agency or other public authority (including the Council), or in pursuance of any Commonwealth or State Act for the purpose of—

  • (a)

    railways or roads, or

  • (b)

    railway, road, water or air transport, or wharf or river undertakings, or

  • (c)

    the provision of sewerage or drainage services, or

  • (d)

    the supply of water, hydraulic power, electricity or gas, or

  • (e)

    telecommunications facilities.

reception establishment means a building or place used for the purpose of wedding receptions, birthday parties or the like, but does not include a refreshment room or hotel.

recreation area means—

  • (a)

    a children’s playground,

  • (b)

    a place used for sporting activities or sporting facilities, or

  • (c)

    a place 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)

      a public authority, or

    • (ii)

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

but does not include a racecourse, showground or paintball establishment.

recreation establishment means a health farm, religious retreat house, rest home, youth hostel, guest house or the like but, (in the zoning table) does not include a building or place elsewhere specifically defined in this Dictionary.

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 and whether used for the purpose of gain or not, but does not include a place of assembly.

refreshment room means a café, tearoom, eating room or the like, but does not include a restaurant.

relic means—

  • (a)

    any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the local government area of Yarrowlumla, not being Aboriginal habitation, which is more than 50 years old, or

  • (b)

    any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the local government area of Yarrowlumla whether before or after its occupation by persons of European extraction.

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

restaurant means a building or place, the principal purpose of which is the provision of food to paying customers for consumption on the premises.

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.

retail winery means a building erected or proposed to be erected for the purpose of manufacturing, storing and offering for sale viticultural products.

road means a public road within the meaning of the Roads Act 1993.

road transport terminal means a building or place used principally for the bulk handling of goods for transport by road, and includes 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 place or temporary structure used for selling by retail agricultural produce or hand-crafted goods from the property of which the place forms part or on which the structure is located.

rural home industry means a rural industry carried on in a building (other than a dwelling house) under the following circumstances—

  • (a)

    the building has a gross floor area not exceeding 200 square metres and is erected within the curtilage of a dwelling house occupied by the person carrying on the rural industry, or on adjoining land owned by that person,

  • (b)

    the rural industry does not—

    • (i)

      interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or

    • (ii)

      involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or

    • (iii)

      require the provision of any essential service main of a greater capacity than that available in the locality.

rural industry means—

  • (a)

    the handling, treating, processing or packing of primary products, or

  • (b)

    the servicing in a workshop of plant or equipment used for rural purposes, or

  • (c)

    a combination of the activities referred to in paragraphs (a) and (b).

rural tourist facility means a building or place on a farm (which may include a refreshment room and limited tourist accommodation) which is used to provide tourists with a rural education and experience concerning the growing, production or processing of rural products which are grown or cultivated on that farm. (For the purposes of this definition, a farm means an area of adjoining or adjacent land held in the same ownership and in continuous use for agricultural or forestry purposes.)

rural worker’s dwelling means a dwelling located on land on which a dwelling house is or is intended to be situated and used as the principal place of residence by persons employed for the purpose of agriculture, aquaculture or a rural industry 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 vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following—

  • (a)

    the hiring of vehicles,

  • (b)

    the retail selling or the installing of spare parts and accessories for vehicles,

  • (c)

    the repairing or servicing of vehicles (not involving body building, panel beating or spray painting),

  • (d)

    the retail selling or hiring of small consumer goods.

shop means a building or place used for the purpose of selling, exposing or offering for sale goods, merchandise or materials, but (in the zoning table) does not include a building or place elsewhere defined in this Dictionary.

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

stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.

store, convenience means a building or place which—

  • (a)

    trades principally in the retail sale of groceries, take-away foods, smallgoods and household items and services, and

  • (b)

    may be attached to or form part of a dwelling, and

  • (c)

    does not have an area devoted to retailing that exceeds 75 square metres, and

  • (d)

    is not located closer than 400 metres to another such shop.

store, general means a building or place used for the sale by retail of general merchandise, petroleum products, rural and landscaping supplies, and may include the facilities of a post office, but does not include a service station.

store, produce means a building or place used for the sale by retail of grain, stock feed, fertiliser or veterinary medicine.

telecommunications facility means a building, structure, work or place (such as a radio mast, tower, earth station, cable, satellite dish or the like) used specifically for transmitting, receiving or passing on signals, but does not include a domestic structure.

the Act means the Environmental Planning and Assessment Act 1979.

the Department means the Department of Planning.

tourist facility means an establishment providing for holiday accommodation or recreation and may include a boatshed, boat handling facilities, camping ground, caravan park, holiday cabins, hotel, houseboat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any tourist activities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.

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

tree farming means the planting of trees on land for firewood or other purposes incidental to the farming of that land.

units for aged persons means a residential flat building used to house eligible persons as defined in the Aged or Disabled Persons Care Act 1954 of the Commonwealth, erected or to be erected by an eligible organisation as defined in that Act, the Department of Housing or any other government agency or instrumentality.

utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom or a road.

vacant, in reference to an allotment or a holding, means an allotment or a holding on which no dwelling is erected.

vehicle body repair workshop means a building or place used for the repair of vehicles, involving body painting, panel beating or spray painting.

vehicle repair station means a building or place used for the purpose of carrying out repairs (other than repairs involving body building, panel beating or spray painting), or the selling and fitting of accessories, to vehicles.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment and may include related laboratory facilities.

warehouse or distribution centre means a building or place used mainly for storing, handling, or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.

zoning map means the map marked “Yarrowlumla Local Environmental Plan 2002”, as amended by the maps (or sheets of the maps) marked as follows—

Editorial note—

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.

  • •

    Yarrowlumla Local Environmental Plan 2002 (Amendment No 3)—Sheet 1

  • •

    Yarrowlumla Local Environmental Plan 2002 (Amendment No 11)

1995 holding means—

  • (a)

    except as provided by paragraph (b)—an allotment, portion or parcel of land in existence at the date of gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6) (13 October 1995), as a separate allotment, portion or parcel, or

  • (b)

    where, as at the date of gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6), a person owned 2 or more adjoining or adjacent allotments, portions or parcels of land having access to a public road—the land comprised of the aggregation of the areas of those allotments, portions or parcels,

but does not include land held under the Crown Land Management Act 2016.

Dictionary: Am 2005 (589), Sch 1 [2]; 2006 (552), Sch 3 [4]; 2013 (129), cl 4; 2019 (621), Sch 2.43.

Historical notesTable of amending instruments

Yarrowlumla Local Environmental Plan 2002 published in Gazette No 96 of 12.6.2002, p 3595 and amended as follows—

Yarrowlumla Local Environmental Plan 2002 (Amendment No 1) (GG No 168 of 24.10.2003, p 10201)

2005

(589)

Yarrowlumla Local Environmental Plan 2002 (Amendment No 3). GG No 118 of 23.9.2005, p 7581.

Date of commencement, on gazettal.

(878)

Yarrowlumla Local Environmental Plan 2002 (Amendment No 9). GG No 166 of 23.12.2005, p 11652.

Date of commencement, on gazettal.

2006

(299)

Yarrowlumla Local Environmental Plan 2002 (Amendment No 6). GG No 77 of 16.6.2006, p 4413.

Date of commencement, on gazettal.

(485)

Yarrowlumla Local Environmental Plan 2002 (Amendment No 8). GG No 103 of 18.8.2006, p 6532.

Date of commencement, on gazettal.

(552)

Queanbeyan Local Environmental Plan 1998 (Amendment No 43). GG No 111 of 1.9.2006, p 7823.

Date of commencement, on gazettal.

2007

(328)

Queanbeyan Local Environmental Plan 1998 (Amendment No 45). GG No 87 of 6.7.2007, p 4409.

Date of commencement, on gazettal.

2008

(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.

2010

(32)

Yarrowlumla Local Environmental Plan 2002 (Amendment No 10). LW 5.2.2010.

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

2013

(132)

Yarrowlumla Local Environmental Plan 2002 (Amendment No 11). LW 28.3.2013.

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

2019

(621)

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

Date of commencement of Sch 2.43, 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.

Table of amendments

Cl 3

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

Cl 13

Am 2006 (552), Sch 3 [1]; 2019 (621), Sch 2.43.

Cl 14

Am 2006 (552), Sch 3 [2]; 2019 (621), Sch 2.43.

Cl 14A

Ins 2006 (552), Sch 3 [3]. Am 2007 (328), Sch 1.3 [1] [2].

Cl 21A

Ins 2006 (485), cl 4.

Cl 47

Am 2008 (571), Sch 3.200 [1].

Cl 49

Rep 2021 (716), Sch 1.53.

Cl 50

Rep 2008 (571), Sch 3.200 [2].

Cl 65

Ins 2019 (659), Sch 1.39.

Cll 66, 67

Ins 2019 (659), Sch 2.43.

Cl 68

Ins 2020 (724), Sch 3.

Sch 2

Am 2005 (878), cl 4; 2006 (299), cl 4.

Sch 6

Am 2008 (571), Sch 3.200 [3].

Sch 9

Am 24.10.2003; 2005 (589), Sch 1 [1]; 2010 (32), cl 4.

Dictionary

Am 2005 (589), Sch 1 [2]; 2006 (552), Sch 3 [4]; 2013 (129), cl 4; 2019 (621), Sch 2.43.

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