9 What must the Council consider when deciding whether to consent to development?
(1) In deciding whether to consent to development of land, the Council must consider the objectives of the zone in which the land is situated.(2) In deciding whether to consent to development of land, the Council must also consider:(a) the present use of the land and the potential of the land as prime crop and pasture land for sustained agricultural production, and(b) the vegetation, timber production, land capability (including soil resources and soil stability) and water resources (including the quality and stability of water courses and ground water storage and riparian rights), and(c) the future recovery, from known or prospective areas, of valuable deposits of minerals, coal, petroleum, 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 buildings or works that will result from carrying out the development, and(f) future expansion of settlements in the locality and the impact on any existing settlement or village, and(g) vulnerability and exposure to natural disasters such as bushfires and floods.
10 What is required for the subdivision of land?
Consent must be obtained from the Council for all subdivisions other than those involving:(a) minor boundary adjustments which do not create any additional allotments, or(b) consolidation of existing allotments, or(c) road widening.
11 What must the Council consider before consenting to a subdivision of land in Zone 1 (a)?
Before granting consent to a subdivision of land in Zone 1 (a), the Council must:(a) determine the main purpose for which each allotment is to be used, and(b) identify any allotment intended to be used primarily for agriculture, and(c) identify any allotment on which it is intended to erect a dwelling and decide whether building a dwelling is the main reason for creating the allotment, and(d) identify the approximate location of any existing dwelling on the land, and(e) identify the likely effects of the proposed use on the natural flow of any watercourse or stream, water quality, and aquatic and riparian habitat and fauna, and(f) identify standards for infrastructure items such as boundary fencing, access roads and water storage, and(g) identify the current use of the land, and(h) (Repealed)
12 What are the general principles the Council will consider for development proposed in Zone 1 (a)?
(1) Before granting consent to any development of land within Zone 1 (a), the Council must consider:(a) any impact the development will have on the future or current agricultural use of the land and of adjoining land, and(b) whether an adequate water supply is available, and(c) what services are or may be required, and(d) any natural hazards likely to affect the development on the land or other land as a result of the development, and(e) what effect the development might have on water quality, and on land with environmental or conservation value, and(f) the effect the development will have on aquatic fauna or habitat and the natural flow of any watercourse or stream, and(g) the effect the development will have on riparian vegetation and habitat, and(h) whether the development will contribute to ribbon development or substantially change the appearance or character of the amenity of the locality.(2) When considering these matters, the Council must also take into account any measures that may be taken to minimise any adverse impact and also whether the benefits of the development outweigh any adverse effect.
13 What is the minimum size for new allotments in Zone 1 (a)?
(1) Allotments proposed in Zone 1 (a) must meet the following standards:(a) Where the allotment is being created for the purpose of agriculture or to facilitate farm adjustment, and there is no dwelling on the land, the allotment can be of any size.(b) 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.(c) 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) The Council can consent to the subdivision of land within Zone 1 (a) to create an allotment that will be used otherwise than for the purpose of agriculture or a dwelling (being development that may be carried out under Part 2), only 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 3, 4 or 5 on a 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.
14 What requirements apply for the erection of dwellings on land within Zone 1 (a)?
(1) The land on which it is proposed to erect a dwelling on land within Zone 1 (a) must:(a) have an area of not less than 80 hectares, or(b) be a lot in a subdivision consented to by the Council in accordance with clause 13 (1) (c), or(c) be a lot in a subdivision which was approved by the Council before the appointed day and which met the requirements for erecting a dwelling that applied before that day, or(d) be a vacant existing holding which, in the Council’s opinion, is suitable for on-site disposal of waste water, but only if the erection of the dwelling will not generate demands for the provision of services which can not be economically provided.(2) Except where otherwise provided by clause 17, only one dwelling may be erected on an allotment of land within Zone 1 (a) (or an existing holding referred to in subclause (1) (d)). This does not, however, prevent a second dwelling being erected which is intended to replace an existing dwelling and which is not occupied until after the existing dwelling is demolished.(3) The Council can consent to the erection of a single dwelling house on each separate allotment of land within the areas shown diagonally hatched on the map, despite subclause (2).
15 What are the requirements that apply to subdividing land in Zone 1 (c)?
(1) Each allotment of land within Zone 1 (c) must have an area of not less than 2 hectares.(2) When considering the design of a proposed subdivision of land within Zone 1 (c), the Council must have regard to:(a) the suitability of the land for future urban development, and(b) whether it is possible to construct a dam on each allotment and whether each allotment has a minimum farm dam catchment area sufficient to ensure a 1 in 10 years drought reliability, and(c) the proposed location of dwellings and how they complement each other and conform to the topography of the land, and(d) whether the subdivision design minimises direct access to arterial roads from the proposed allotments, and(e) the capability of the block for on-site disposal of effluent without adverse effect on ground or surface water quality, where connection to a sewer is not possible, and(f) other likely impacts on water quality, land degradation, habitat destruction, and other environmental impacts that may result from the development.
16 What are the requirements that apply to subdividing land in Zone 2?
Any unsewered allotments created in Zone 2 must, in the Council’s opinion, be suitable for on-site disposal of waste water. That opinion must be based on a soil analysis.
17 Is dual occupancy permitted?
(1) In this clause, dual occupancy development means development which results in two dwellings on one allotment of land.(2) The Council may consent to dual occupancy development on land on which a dwelling house may be erected.(3) The Council may consent to dual occupancy development on land within Zone 1 (a) or 1 (c) only if:(a) a dwelling 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.(4) The Council may consent to dual occupancy development on land within Zone 2 where the allotment is unsewered if the Council is satisfied that the lot is suitable for on-site disposal of waste water. That opinion must be based on a soil analysis.
18 What are the restrictions on development fronting main and arterial roads?
(1) In this clause, classified road means:(a) State Highway No 2—Federal Highway,(b) State Highway No 3—Hume Highway,(c) Main Road No 52 (Gundaroo to Crookwell via Gunning),(d) Main Road No 241 (Gunning to Boorowa via Dalton),(e) Main Road No 283 (Hume Highway to Collector).(2) Before granting consent to development of land which:(a) fronts a classified road, or(b) relies solely on a classified road for its access, or(c) has access to a road which intersects with a classified road, where the point of access is within 90 metres of the intersection of the road and the classified road,the Council must consider:(d) whether the traffic likely to be generated by the development will cause a traffic hazard or reduce the capacity and efficiency of the classified road, and(e) whether it is important for the development to be located near the classified 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 classified road.(3) Development referred to in Schedule 1 is prohibited on land within Zone 1 (a) or 1 (c) which is within 400 metres of the alignment of State Highway No 2 or State Highway No 3.
19 What are the requirements for access?
In deciding whether to grant development consent, the Council must consider:(a) whether the standard of the roads providing access (including stormwater drainage) to the development is adequate to cater for existing and potential traffic, and(b) whether traffic associated with the development will cause the condition of the roads to deteriorate and whether funds are or will be available for road maintenance, and(c) whether financial contributions from the development will be sufficient to maintain the roads likely to be affected.
20 What are the building setbacks?
On land within Zone 1 (a) or 1 (c) which has frontage to a road, the Council may require that buildings be set back from the alignment of the road. In deciding the distance, the Council must consider:(a) the nature, scale and function of the building, and(b) 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, and(c) the minimisation of distraction to drivers using the road, and(d) any possible realignment of the road.
21 What are the restrictions on land prone to flooding?
(1) The Council must not consent to development on land which is considered by the Council to be prone to flooding if the development is likely to:(a) restrict the flow of flood water on the land or on adjoining land, or(b) endanger life in time of flood, or(c) increase the impact of flood water through erosion, siltation or the destruction of vegetation, or(d) have an adverse effect on the water table of the land or of adjoining land.(2) The Council must also take into consideration, when deciding whether to grant or refuse a development application:(a) any cumulative effect the development will have on flood behaviour, and(b) any risk of pollution to waterways from the development, and(c) whether access to the site of the proposed development will be available in times of flood.
21A What are the restrictions on land within the hydrological catchment?
(1) This clause applies to the Sydney drinking water catchment within the meaning of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011.(2) The objective of this clause is to ensure that development with the potential to adversely impact on water quality in the Sydney drinking water catchment requires development consent.(3) For the purposes of this clause, intensive plant growing on land means market gardening, fungi growing, fruit growing, flower growing, viticulture or the like for commercial purposes, but does not include growing field crops (such as wheat, oats, oilseed or legumes) or any species of plant for pastures.(4) Despite clause 8 or any other provision of this plan, the consent of the Council is required for development that comprises intensive plant growing.
22 What are the restrictions on land within the Sydney Water Outer Catchment Area?
(1) When determining a development application on land contained within the Outer Catchment Area as shown on the map, with boundaries as indicated on the map, the Council must take into consideration the impact of the proposed development on the water quality of stored water from which Sydney Water Corporation Limited draws drinking water.(2) The Council must not consent to the development of land contained within the Outer Catchment Area if the Council is of the opinion that the proposed development will adversely impact on the quality of stored water from which Sydney Water Corporation Limited draws drinking water.
23 Is consent required for roads, stormwater drains, recreation areas, bushfire hazard reduction and parking?
A person must not carry out development for the purpose of any of the following without the consent of the Council:(a) roads,(b) stormwater drainage,(c) recreation areas,(d) bushfire hazard reduction,(e) parking.
24 What Council development does not require development consent?
The Council is not required to obtain its own consent to carry out development, in any zone, for development for the purpose of the following:(a) roads,(b) stormwater drainage,(c) recreation areas,(d) bushfire hazard reduction,(e) parking,(f) landscaping,(g) gardening.
25 What are the controls for outdoor advertising?
(1) In this clause:advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of work.
business identification sign means an advertisement which, in respect of any place or premises to which it is fixed, contains all or any of the following:
(a) a reference to the identity or a description of the place or premises,(b) a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises,(c) particulars of any occupation carried on at the place or premises,(d) such directions or cautions relating to the place or premises or any occupation carried on there,(e) particulars or notifications required or permitted to be displayed by or under any Act or any Act of the Commonwealth,(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,(g) particulars of any activities held or to be held at the place or premises,(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.real estate sign means an advertisement which contains only a notice that the place or premises to which it is fixed is or are for sale or letting, together with particulars of the sale or letting, and:
(a) in the case of an advertisement fixed to residential or rural premises and relating to a proposed letting, sale by private treaty or sale by auction:(i) that does not exceed 2.5 square metres in area, and(ii) that has returns not exceeding 180 millimetres, and(b) in the case of an advertisement fixed to commercial and industrial premises, that does not exceed 4.5 square metres in area, and(c) in any case, that is not displayed for more than 14 days after letting or completion of the sale of the premises or place to which the sign relates.temporary sign means an advertisement of a temporary nature which:
(a) announces any local event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and(b) does not include advertising of a commercial nature.tourist facility means an establishment providing short-term holiday accommodation or recreation, or both, and may consist of or include:
(a) a hotel, a motel, bed and breakfast accommodation, a serviced apartment, a holiday cabin, a caravan park, a camping ground or a houseboat, and includes any associated swimming pool, golf course, tennis court or marina, or(b) a restaurant,(c) a souvenir shop, an arts and crafts gallery or an exhibition centre.(2) The aim of this clause is to ensure that outdoor advertising:(a) conveys advertisers’ messages and images while complementing and conforming to both the building on which it is displayed and the character of the surrounding locality, and(b) does not adversely affect the area in which it is located in terms of appearance, size, illumination or overshadowing or in any other way, and(c) does not lead to visual clutter through the proliferation of signs.(3) The following advertisements may be erected on any land, without consent:(a) advertisements within a site which are not visible from outside the site, but not an advertisement on a heritage item (within the meaning of Part 4),(b) business identification signs, on land zoned for:(i) residential purposes (being land within Zone 2), but only if:• they are not erected on a heritage item, and• they do not exceed 0.75 square metre in area, or(ii) commercial/business purposes (being land within Zone 2 that may be used for those purposes), but only if:• they are not erected on a heritage item, and• they are located at a point below the level of the awning on a building, if it has an awning, and• where there is no awning, they are located at a point not more than 4.6 metres above ground level or below the level of the bottom of the first floor window of a building, whichever is lower, and they cover no more than 50% of the area of the shopfront.In addition, the following business identification signs are allowed without consent on buildings on this land:
• one awning sign, and• one suspended under-awning sign or projecting wall sign for every three metres of shopfront length, not exceeding 2.5 metres in length and 0.5 metre in height and at no point less than 2.6 metres from ground level, or(iii) industrial purposes (being land within Zone 2 that may be used for those purposes), but only if they do not exceed 10 square metres in area.However, business identification signs on small shops and other buildings (such as banks) on this land serve the daily needs of the industrial area are subject to the provisions applying to land zoned for commercial/business purposes,
(c) real estate signs,(d) a temporary sign, but only if not displayed earlier than 28 days before the day on which the event to which it relates is to take place and removed within 14 days after the event,(e) public notices displayed by a public authority giving information or directions about the service provided,(f) a change in message of an advertisement for which consent was granted,(g) signs behind the glass line of a shop window, or(h) advertisements on motor vehicles used principally for the conveyance of goods or passengers.(4) Any advertisement other than those permitted by subclause (3) or prohibited by subclause (6) may be displayed only with consent.(5) Despite any other provision of this plan, the Council may grant consent to the erection of an advertisement on any land for the purpose of directing the travelling public to specific tourist facilities and places of scientific, historic or scenic interest, if it is satisfied that:(a) the advertisement relates to a specific building or place, and(b) the principal purpose of the advertisement is to direct the travelling public to that building or place, and(c) the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.(6) A person must not erect an advertisement on land within Zone 1 (a) or 1 (c), other than an advertisement allowed by subclause (3) or (5).
26 What are the requirements for the preservation of trees?
(1) The Council can, by resolution, make an order (known as a tree preservation order) to protect and preserve trees. Such an order can:(a) prohibit the ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees specified in the order, except with the Council’s consent, and(b) relate to any tree or trees or to any specified class, type or description of tree on any land, with the exception of trees:(i) in a State forest,(ii) in a timber reserve,(iii) in a national park,(iv) which are subject to the Forestry Act 1916,(v) in any water catchment area under the control of Sydney Water Corporation Limited or any public authority responsible for water supply.(2) Any tree preservation order which the Council makes must be published in the Government Gazette and a local newspaper circulated in the area of Gunning and takes effect when it has first been so published or on any later date specified in the order.(3) A person must not contravene a tree preservation order unless the person can prove that the tree or trees damaged or destroyed were dying, dead or dangerous.
27 Is there any discretion at zone boundaries?
Where land is located within 50 metres of a boundary between two zones, the Council may consent to development on the land that is permissible in the adjoining zone.
28 What provisions relate to bushfire hazard?
In considering an application for consent to develop land that, in the opinion of the Council, is subject to bushfire hazards, the Council must make an assessment of:(a) the nature and degree of the hazard and any appropriate measures to reduce the hazard, and(b) if the development proposed is or includes subdivision:(i) whether the subdivision has been designed to enable the siting of any buildings to be erected on the part of the land having the least risk, and(ii) whether a perimeter road should be provided on the land or adjoining land as a fire break or to allow access for fire fighting vehicles, and(iii) the necessity of increasing the depth of allotments adjoining land which may be the source of bushfire hazard, whether or not defined by a perimeter road, for the purpose of providing a fire radiation zone.