This plan may be cited as Wingecarribee Local Environmental Plan 1989.
(1) The principal aim of this plan is to provide planning controls for the Shire of Wingecarribee and to update and consolidate into one instrument the various planning controls that currently apply to the area.(2) The particular aims of this plan are to:(a) divide land into the zones referred to in clause 8 and to achieve in respect of land within each of those zones the objectives specified for that land in the Table to clause 9,(b) ensure that growth and development in the Shire of Wingecarribee occur in a way which preserves existing environmental qualities and minimises adverse environmental impacts,(c) provide sufficient land for all uses in accordance with anticipated growth so as to provide a reasonable balance between supply and demand,(d) protect the agricultural production potential of rural land and prevent fragmentation of viable agricultural holdings, particularly where land is designated as being of prime crop and pasture potential,(e) protect areas of high landscape value as well as both natural and man-made areas of conservation and recreation significance,(f) provide for the continued needs of tourism and to concurrently introduce measures to protect and preserve both the scenic qualities of prime agricultural land and those existing scenic and environmental features which are likely to promote tourism, including inland waterways and wetlands, lakes, escarpments and prominent mountain ranges,(g) discourage ribbon development along main and arterial roads,(h) encourage the provision of employment opportunities for local residents,(i) provide a variety of residential environments to cater for differing lifestyles and income levels,(j) promote and enhance the viability of existing commercial and industrial centres within the Shire of Wingecarribee,(k) ensure adequate provision of recreation and community facilities for existing and future populations,(l) recognise the necessity to ensure identified extractive resources and mineral deposits are not rendered sterile by future development but at the same time to ensure that their subsequent extraction and transportation to markets is undertaken in an environmentally acceptable manner,(m) recognise the financial constraints likely to be encountered by the council in the provision and maintenance of additional services required for an expanding population,(n) provide for multiple occupancy development on rural land which is not of prime crop and pasture classification,(o) prevent, on the fringe of urban areas, the development of land that will prejudice the proper layout of additional urban areas as a result of natural growth, and(p) conserve the environmental heritage of the Shire of Wingecarribee.
This plan applies to the land shown by distinctive colouring and marking on the map marked “Wingecarribee Local Environmental Plan 1989”.
4 Relationship to other environmental planning instruments
(1) This plan repeals:(a) Interim Development Order No 43—Municipality of Bowral,(b) Interim Development Order No 2—Shire of Wingecarribee,(c) Bowral Local Environmental Plan No 1,(d) Wingecarribee Local Environmental Plans Nos 3, 7, 9, 14, 15, 18, 19, 21, 24, 26–44, 46–51, 53–63, 65–70, 72–94, 96, 98–122, 124, 126–132.(2) This plan excludes the application of clauses 9 and 10 of State Environmental Planning Policy No 4—Development Without Consent to the carrying out of certain development in conservation areas.(3) This plan excludes the application of State Environmental Planning Policy No 15—Multiple Occupancy of Rural Land to land within the Shire of Wingecarribee by omitting the word “Wingecarribee” from Schedule 1 to that policy.(4) Part 3 of State Environmental Planning Policy No 25—Residential Allotment Sizes and Dual Occupancy Subdivision does not apply to land within Zone No 2 (a), 2 (a1), 2 (b) or 2 (c).
(1) In this plan:AHD means Australian Height Datum within the meaning of the Surveying Act 2002.
appointed day means the day on which this plan takes effect.
archaeological site means the site of one or more relics.
arterial road means any existing road indicated on the map by a continuous blue line between firm black lines.
artificial waterbody means a body of water created by the carrying out of a work.
automotive business means a building or place used for any one or more of the following purposes:
(a) auto-electrician’s workshop,(b) auto spare parts sales,(c) car repair station,(d) service station,(e) tyre sales and repair and battery sales.bed and breakfast establishment means a dwelling-house used for the ancillary purpose of providing overnight accommodation for not more than six paying guests or lodgers (exclusive of the proprietor and family) upon the premises at any one time.
bulky goods includes furniture, camping equipment, building industry supplies, large electrical appliances and the like, but does not include food and clothing goods.
cluster housing means development carried out in accordance with clause 18.
commercial garden means a garden which is open to inspection by the public on an ongoing and commercial basis, whether or not refreshments, lectures or demonstrations are provided, or plants, horticultural products or associated goods are sold, at the garden.
community facilities means a building or place owned or controlled by the council, a public authority or a body of persons associated for the physical, social, cultural, economic or intellectual welfare of the local community, which may include:
(a) a public library, rest-rooms, meeting rooms or facilities comprising or relating to recreation, child minding (including care and ancillary education), cultural activities, social functions or like purposes, or(b) a local community club, being a building or place used by persons sharing like interests, but not including a registered club within the meaning of the Registered Clubs Act 1976,whether or not that building or place is also used for another purpose.conservation management plan means a document prepared in accordance with the requirements of the Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
council means the Council of the Shire of Wingecarribee.
demolish a heritage item, or a building, work or archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or building, work, archaeological site, tree or place.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:
(a) State and regional roads,(b) bus interchanges and bus lanes,(c) land required for regional open space,(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).dog breeding means the keeping or kennelling, or both, of dogs with a litter of pups occurring from those dogs, but does not include the keeping or kennelling of up to 2 dogs with pups from the litter being kept for a period not exceeding 12 weeks from the birth date of the pups.
dual occupancy means 2 dwellings (whether attached or detached) on one lot of land.
educational establishment means a building used for the primary purpose of education and may include a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.
exhibition garden means a private garden associated with a dwelling-house, that is open for inspection by the public:
(a) in the case of an exhibition garden on land located in Zone No 1 (a), 1 (b), 1 (c), 5 (c), 7 (a) or 7 (b)—for more than 21 days but not more 120 days each year, or(b) in the case of an exhibition garden on land located in Zone No 2 (a), 2 (a1), 2 (a2), 2 (b) or 2 (c)—for more than 21 days but not more than 60 days each year,whether or not information concerning the garden is provided at the garden.floor space, in relation to a building, includes all wall thicknesses, but does not include:
(a) any car parking space in the building provided to meet the standards required by the council (other than car parking spaces provided in excess of those standards) or any internal access to any such car parking space,(b) space used for the loading or unloading of goods,(c) lift towers, cooling towers, machinery or plant rooms or any related storage space, or(d) any ducts, vents, staircases or lift wells.ground level, in relation to a site, means the actual physical level of the site prior to commencement of any construction work on the site.
height, in relation to a building, means the distance measured vertically between the topmost point of the building at any part of the building (not being a vent, chimney, lift tower or other service installation) and the ground level immediately below that point.
heritage conservation area means an area of land shown on the map distinctively edged with a heavy black broken line and designated “Anglewood Conservation Area”, “Berrima Conservation Area”, “Bowral Conservation Area”, “Bowral Landscape Conservation Area”, “Maltings Conservation Area” or “Mittagong Conservation Area”, and includes buildings, works, archaeological sites, trees and places situated on or within the land.
heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
heritage item means:
(a) a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the council and the site of which is described in Schedule 2, 3 or 4 and shown by a black triangle on the map, or(b) a place described as a place of Aboriginal heritage significance in the Aboriginal Heritage Information System maintained by the Department of Environment and Conservation.heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
home enterprise means an enterprise carried on in a building (other than a dwelling-house or a residential flat building) in compliance with the following requirements:
(a) the building is not to occupy a floor space exceeding 100 square metres and is to be erected within the curtilage of a building containing a dwelling occupied by the person carrying on the enterprise,(b) the enterprise is to be carried on, on a site with a minimum allotment size of 2,000 square metres,(c) the industry, business or other commercial use that comprises the enterprise must not:(i) interfere with the amenity of the locality by reason of the emission of noise, vibrations, smells, fumes, smoke, vapour, steam, soot, ash, waste water, waste products or grit, oil or otherwise, or(ii) involve exposure to view from any adjacent premises or any public place of any unsightly matter including any work, display or storage associated with the enterprise, or(iii) require the provision of any essential service main of a greater capacity than that available in the locality,(d) all the activities of the enterprise are to be conducted within an enclosed building,(e) at least 3 car parking spaces are to be provided on the land on which the enterprise is being carried on,(f) at least one of the residents of the associated dwelling is to be employed in the enterprise,(g) the retailing of products is to be ancillary to the main activity of the enterprise and is generally to relate only to those items produced on the on the site of the enterprise or associated with the main activity of the enterprise.hostel means premises that are generally staffed by social workers or support providers and at which:
(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.hydrological catchment has the same meaning as in Drinking Water Catchments Regional Environmental Plan No 1.
local rural industry means:
(a) in the case of a winery, the processing of wine from grapes grown substantially in the vineyard where the winery operates, and from predominantly locally grown other grapes, and may include the sale of such wine at the winery, and(b) in any other case, the handling, treating, processing or packaging of predominantly locally grown or produced primary agricultural or horticultural products, and may include the sale of such products, but only in the circumstance where those products are sold from premises located on the land where the products are substantially grown or produced,but does not include the production of products at wool scours, abattoirs, knackeries, rabbit killing works, poultry processing establishments or other livestock processing works.maintenance means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
motor showroom means a building or place used for the display or sale of motor vehicles, motor bikes, caravans, boats, tractors or agricultural equipment whether or not accessories are also sold.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land.
multiple occupancy development means development carried out in accordance with clause 16.
place of Aboriginal heritage significance means:
(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.plant nursery means a building or place used for the growing and wholesale and retail selling of plants, whether or not ancillary products are also sold.
potential archaeological site means a site:
(a) that is specified in an inventory of heritage items available at the office of the council, described in the inventory as a potential archaeological site and shown on the map by a blue triangle, or(b) that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so specified.potential place of Aboriginal heritage significance means a place:
(a) that is specified in an inventory of heritage items available at the office of the council and described in the inventory as a potential place of Aboriginal heritage significance, or(b) that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following:
(a) the supply of water,(b) the supply of electricity,(c) the supply of gas,(d) the disposal and management of sewage.recreation area means:
(a) a children’s playground,(b) an area used for sporting activities or sporting facilities, or(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:but does not include a racecourse or showground.(i) the council, or(ii) a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community,recreation garden means a private garden associated with a dwelling-house, that is open for inspection by the public for a maximum of 21 days each year, whether or not information concerning the garden is provided at the garden.
relic means:
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of Wingecarribee and that is a fixture or is wholly or partly within the ground, or(b) any deposit, object or material evidence (which may consist of human remains of any age) relating to Aboriginal habitation of Wingecarribee.renovation, in relation to a building or work, means:
(a) the making of structural changes to the outside of the building or work, or(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.residential care facility means accommodation for seniors (people aged 55 years or more) or people with a disability that includes:
(a) meals and cleaning services, and(b) personal care or nursing care, or both, and(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,not being a dwelling, hospital or psychiatric facility.road transport depot means a building or place used for the parking of not more than 3 transport vehicles at any one time which are used for the purpose of a road transport undertaking, and where servicing or repair of vehicles undertaken on the site is of a minor nature.
seniors housing means residential accommodation that consists of:
(a) a residential care facility, or(b) a hostel, or(c) a group of self-contained dwellings, or(d) a combination of these,and that is, or is intended to be, used permanently for:(e) seniors or people who have a disability, or(f) people who live in the same household with seniors or people who have a disability, or(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,but does not include a hospital.shop top housing means mixed use development comprising one or more dwellings located above (or otherwise attached to) ground floor shops or commercial premises.
showroom means a building or place (other than a motor showroom) used for the display or sale of industrial equipment, heavy vehicles, agricultural equipment and the like whether or not accessories are also sold.
stable means a building or place used to receive, maintain or keep a horse, whether or not for the purpose of gain.
storey means the space in a building between any floor and the floor next above, or, if there is no floor above, the ceiling or roof above, and includes space used for parking and storage.
the map means the map marked “Wingecarribee Local Environmental Plan 1989”, as amended by the maps marked as follows:
Editorial note. The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.Wingecarribee Local Environmental Plan 1989 (Amendment No 2)
Wingecarribee Local Environmental Plan 1989 (Amendment No 5)
Wingecarribee Local Environmental Plan 1989 (Amendment No 6)
Wingecarribee Local Environmental Plan 1989 (Amendment No 10)
Wingecarribee Local Environmental Plan 1989 (Amendment No 12)
Wingecarribee Local Environmental Plan 1989 (Amendment No 13)
Wingecarribee Local Environmental Plan 1989 (Amendment No 14)
Wingecarribee Local Environmental Plan 1989 (Amendment No 15)
Wingecarribee Local Environmental Plan 1989 (Amendment No 16)
Wingecarribee Local Environmental Plan 1989 (Amendment No 18)
Wingecarribee Local Environmental Plan 1989 (Amendment No 19)
Wingecarribee Local Environmental Plan 1989 (Amendment No 20)
Wingecarribee Local Environmental Plan 1989 (Amendment No 21)
Wingecarribee Local Environmental Plan 1989 (Amendment No 22)
Wingecarribee Local Environmental Plan 1989 (Amendment No 23)
Wingecarribee Local Environmental Plan 1989 (Amendment No 27)
Wingecarribee Local Environmental Plan 1989 (Amendment No 28)
Wingecarribee Local Environmental Plan 1989 (Amendment No 29)
Wingecarribee Local Environmental Plan 1989 (Amendment No 31)
Wingecarribee Local Environmental Plan 1989 (Amendment No 33)
Wingecarribee Local Environmental Plan 1989 (Amendment No 35)
Wingecarribee Local Environmental Plan 1989 (Amendment No 37)
Wingecarribee Local Environmental Plan 1989 (Amendment No 39)
Wingecarribee Local Environmental Plan 1989 (Amendment No 40)
Wingecarribee Local Environmental Plan 1989 (Amendment No 42)
Wingecarribee Local Environmental Plan 1989 (Amendment No 45)
Wingecarribee Local Environmental Plan 1989 (Amendment No 46)
Wingecarribee Local Environmental Plan 1989 (Amendment No 47)
Wingecarribee Local Environmental Plan 1989 (Amendment No 48)
Wingecarribee Local Environmental Plan 1989 (Amendment No 55)
Wingecarribee Local Environmental Plan 1989 (Amendment No 58)
Wingecarribee Local Environmental Plan 1989 (Amendment No 59)
Wingecarribee Local Environmental Plan 1989 (Amendment No 60)
Wingecarribee Local Environmental Plan 1989 (Amendment No 61)
Wingecarribee Local Environmental Plan 1989 (Amendment No 64)
Wingecarribee Local Environmental Plan 1989 (Amendment No 67)
Wingecarribee Local Environmental Plan 1989 (Amendment No 73)
Wingecarribee Local Environmental Plan 1989 (Amendment No 74)
Wingecarribee Local Environmental Plan 1989 (Amendment No 76)
Wingecarribee Local Environmental Plan 1989 (Amendment No 80)
Wingecarribee Local Environmental Plan 1989 (Amendment No 81)
Wingecarribee Local Environmental Plan 1989 (Amendment No 82)
Wingecarribee Local Environmental Plan 1989 (Amendment No 83)
Wingecarribee Local Environmental Plan 1989 (Amendment No 84)—Sheet 1
Wingecarribee Local Environmental Plan 1989 (Amendment No 85)
Wingecarribee Local Environmental Plan 1989 (Amendment No 87)
Wingecarribee Local Environmental Plan 1989 (Amendment No 88)
Wingecarribee Local Environmental Plan 1989 (Amendment No 90)
Wingecarribee Local Environmental Plan 1989 (Amendment No 91)
Wingecarribee Local Environmental Plan 1989 (Amendment No 94)
Wingecarribee Local Environmental Plan 1989 (Amendment No 95)
Wingecarribee Local Environmental Plan 1989 (Amendment No 96)
Wingecarribee Local Environmental Plan 1989 (Amendment No 99)
Wingecarribee Local Environmental Plan 1989 (Amendment No 101)
Wingecarribee Local Environmental Plan 1989 (Amendment No 102)
Wingecarribee Local Environmental Plan 1989 (Amendment No 105)
Wingecarribee Local Environmental Plan 1989 (Amendment No 106)
Wingecarribee Local Environmental Plan 1989 (Amendment No 107)
Wingecarribee Local Environmental Plan 1989 (Amendment No 109)
Wingecarribee Local Environmental Plan 1989 (Amendment No 112)
Wingecarribee Local Environmental Plan 1989 (Amendment No 117)
Wingecarribee Local Environmental Plan 1989 (Amendment No 118)
Wingecarribee Local Environmental Plan 1989 (Amendment No 122)—Sheet 2
Wingecarribee Local Environmental Plan 1989 (Amendment No 124)
Wingecarribee Local Environmental Plan 1989 (Amendment No 125)
Wingecarribee Local Environmental Plan 1989 (Amendment No 126)
truck parking means the parking of more than one transport vehicle on a site but does not involve the loading, unloading or storage of those goods laden on the vehicle or the servicing of the vehicle on the site.
urban release area means the land shown edged heavy black and hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 126)”.
(2) In this plan:(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,(b) a reference to a map is a reference to a map deposited in the office of the council, and(c) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner specified in clause 8 as the means of identifying land of the zone so specified.(3) Notes included in this plan do not form part of this plan.
6 Adoption of Model Provisions
The Environmental Planning and Assessment Model Provisions 1980 (except for the definitions of arterial road, educational establishment, helipad, heliport, map, mineral sand mine, motor showroom, retail plant nursery and tavern in clause 4 (1) and clauses 15, 17, 27, 33 and 34) are adopted for the purposes of this plan.
6A What is exempt development?
(1) Exempt development is development listed in Schedule 7, except as provided by subclauses (2) and (3).(2) Development is exempt development only if:(a) it does not cause interference with the amenity of the neighbourhood or natural environment because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, and(b) it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, and(c) it complies with any relevant standards and other requirements set for the development by this plan and by Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999 and any other environmental planning instrument applying to the land on which it is proposed to be carried out, and(d) it does not restrict any vehicular or pedestrian access to or from the site, and(e) it does not result in the reduction of Council approved car parking on site, and(f) it does not require any exotic tree above 3 metres high, or any native tree, shrub or heath, or natural landscape features such as rock faces, scattered rocks and the like, to be removed, and(g) it incorporates materials and colours, used in any construction, that are non-reflective, and(h) it is located behind the primary and secondary building line applying to the land as described in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, except if the development is a fence, and(i) any new building, structure or work is located no closer than 1 metre from each adjoining property boundary (except if the development is a fence) or as otherwise provided by this plan, and(j) any stormwater arising from any building, structure or work is disposed of in such a manner as not to have any adverse or nuisance impact on any adjoining land, and in the case of any building or structure with a roof or involved with the interception of water, such building or structure is provided with appropriate water collection and disposal devices that are connected either to a water tank or to an existing approved stormwater system, and(k) it is carried out at least 1 metre from any easement or public sewer or water main and is located outside of the area of influence (as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and(l) no building or structure occupies land designated for use or used for on-site effluent disposal including absorption trenches, transpiration beds or irrigation areas, and(m) it does not involve the provision of additional bath, shower, kitchen water closet or laundry facilities, and(n) no more than 40 percent of the total area of the land is occupied by buildings, and(o) the development does not contravene any condition of a development consent applying to the land, and(p) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 that apply to the land.(3) Development is not exempt development if it is carried out on land that:(a) is the site of an item of environmental heritage, or(b) is an Aboriginal place or an Aboriginal relic under the National Parks and Wildlife Act 1974, or(c) is within a Heritage Conservation Area, or(d) is within the Berrima Visual Catchment Area as described by Development Control Plan No 14 (Historic Berrima) adopted by the Council on 18 September 1989, or(e) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(f) is an aquatic reserve declared under the Fisheries Management Act 1994, or(g) has been identified by the Council as a contaminated or potentially contaminated site within the meaning of State Environmental Planning Policy No 55—Remediation of Land, or(h) has been previously used as a service station or for the storage of oils or fuel substances, a sheep or cattle dip, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to Wingecarribee Shire Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or(i) has been identified by the Council as being unhealthy building land, or(j) is within 40 metres of the top bank of a watercourse located in a Rural or Special Uses (Water Catchment) Zone, but not if the development is a fence, minor building maintenance or alterations, or home occupation, or(k) is within an Environmental Protection Zone, or(l) is within a proclaimed Mine Subsidence District, or(m) is State protected land within the meaning of the Native Vegetation Conservation Act 1997.Note. Section 76 of the Act says that exempt development cannot be carried out on land that is:(a) critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or(b) within a wilderness area (within the meaning of the Wilderness Act 1987).
6B What is complying development?
(1) Complying development is development listed in Schedule 8 if:(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and(b) it is not integrated development, as defined in section 91 of the Act, and(c) it is not an existing use, as defined in section 106 of the Act,except as provided by subclauses (2) and (3).(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 comply with the requirements and achieve the outcomes listed under the heading “Development standards” in Schedule 8 for the development, and(c) it complies with the relevant development standards set for the development by this plan and by Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and any other environmental planning instrument applying to the land on which it is proposed to be carried out, and(d) it is located behind the primary and secondary building line as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, and(e) any new building, structure or work is located no closer than 1 metre from each adjoining property boundary, except where otherwise provided by this plan, and(f) any new building, structure or work does not incorporate the use of highly reflective materials or colours, and(g) it is consistent with any plan of management approved under State Environmental Planning Policy No 44—Koala Habitat, and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, that apply to the land, and(h) it does not contravene any condition of a development consent applying to the land, and(i) approval for water, stormwater and sewerage services including on-site effluent disposal and connection to off-site services has been obtained from the Council, if required, and(j) approval to locate within the area of influence (as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999) of a public sewer main has been obtained from the Council, if required, and(k) approval to locate development over an easement has been obtained from the Council or relevant authority, if required, and(l) approval for a footpath crossing has been obtained from the Council, if required, and(m) approval to breach a covenant to which the Council is a beneficiary, has been obtained from the Council, if required, and(n) it does not involve any prefabricated, moveable or resited building.Note. Section 76A (6) of the Act says that the following development cannot be complying development:(a) State significant development,(b) designated development,(c) any development, if consent for it requires the concurrence of a person (other than the consent authority or the Director-General of the National Parks and Wildlife as referred to in section 79B (3) of the Act).(3) Development is not complying development if it is carried out on land that:(a) is identified by the Council as contaminated or potentially contaminated land, or(b) is a site that has been previously used as a service station or a sheep or cattle dip or for the storage of oil and fuel products, for intensive agriculture, mining or extractive industry, waste storage or waste treatment, or for the manufacture of chemicals, asbestos or asbestos products, and a notice of completion of remediation work for the proposed use has not been given to the Council in accordance with State Environmental Planning Policy No 55—Remediation of Land, or(c) is identified by the Council as unhealthy building land, or(d) is determined to be potentially affected by inundation by flooding in accordance with subclause 4, or(e) is determined to be likely to be subject to geotechnical instability in accordance with subclause 5, or(f) is determined to be subject to a medium, high or extreme bushfire risk within the meaning of the Building Code of Australia, or(g) is not serviced by a formed all-weather road constructed to the standard required in Development Control Plan No 44 (Requirements for the Erection of Buildings) Appendix 5 “Policy for the Upgrade of Unformed Roads” adopted by the Council on 8 December 1999, or(h) is located within a water or sewer reticulation area or an area proposed by the Council for use as such, but has not been serviced by a reticulation system up to the boundary of the land, or(i) is not serviced by a reticulated sewerage scheme, or is unsewered land within the hydrological catchment, or(j) is an Aboriginal place or an Aboriginal relic under the National Parks and Wildlife Act 1974, or(k) is an item of environmental heritage as listed in an environmental planning instrument, or(l) shares a common boundary with an item of environmental heritage as listed in an environmental planning instrument, or(m) is within a Heritage Conservation Area identified in this plan or any other environmental planning instrument, or is within the Berrima Visual Catchment Area as described by Development Control Plan No 14 (Historic Berrima) adopted by the Council on 18 September 1989, or(n) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(o) is an aquatic reserve declared under the Fisheries Management Act 1994, or(p) is State protected land within the meaning of the Native Vegetation Conservation Act 1997, or(q) is within 40 metres of the top bank of a water course, or(r) is within an Environmental Protection Zone or is reserved for acquisition by a public authority as identified in an environmental planning instrument, or(s) is within a proclaimed Mine Subsidence District.Note. Section 76A (6) of the Act says that development cannot be complying development on land that:(a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or(b) is within a wilderness area (within the meaning of the Wilderness Act 1987), or(c) comprises, or on which there is, an item of the environmental heritage to which an order under the Heritage Act 1977 applies or that is identified as such an item in an environmental planning instrument, or(d) is identified as an environmentally sensitive area in the environmental planning instrument that makes provision for the complying development.A complying development certificate issued for any such development is subject to the conditions for the development prescribed by the Environmental Planning and Assessment Regulation 1994.
(4) In determining whether land is potentially affected by inundation by flooding pursuant to subclause (3) (d) an assessment must be made of whether the land:(a) has been identified by information, data and reports held by the Council as being likely to be subject to flood inundation, and(b) is partly or wholly located within the banks of a watercourse, and(c) is partly or wholly located within a floodplain, and(d) is wholly or partly within 3 metres elevation of the bed of a watercourse, and(e) has a written or oral history of being subject to flood inundation, and(f) shows any evidence of previous flood inundation.(5) In determining whether land is likely to be subject to geotechnical instability pursuant to subclause (3) (e), an assessment must be made of whether the land:(a) has been identified by information, data and reports held by the Council as being likely to be subject to geotechnical instability, and(b) has a slope in excess of 15 degrees from the horizontal, and(c) exhibits shrink/swell characteristics, and(d) exhibits evidence of previous mass surface movement including but not limited to hummocking of top soil, trees showing trunks leaning in a downhill direction, and man made structures leaning in a downhill direction, and(e) demonstrates or has a history of waterlogged soils, and(f) contains or is affected by a spring, and(g) exhibits soil profiles with a high clay content, and(h) contains fill of a depth in excess of 300 millimetres, and(i) has a written or oral history of instability or shrink/swell conditions.(6) A complying development certificate issued for any such development is to be subject to the conditions for the development specified in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999.
The council shall be the consent authority for the purposes of this plan.