Part 5 Special provisions relating to development of specified land
38A Land at Joadja to which Division 1 applies
(1) This Division applies to Lots 1, 3, 5 and 7 DP 230058, Lot 1 DP 809796, Lot 1 DP 123751, Lots 1–2 DP 113357, all that land in FP 906340, Portions 42, 49, 54, 65, 66, 67, 74, 75, 77, 79, 80, 90, 97, 108, 109, 111 and 112 Parish of Joadja and Part Portions 53, 72, 76, 94, 96 and 151 Parish of Joadja, Joadja Road, Joadja as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 25)” deposited in the office of the council.
In this Division:conservation means all of the processes of looking after an item of environmental heritage so as to retain its historic, scientific, cultural, social, archeological, architectural, natural and aesthetic significance. It includes maintenance and may according to circumstance include preservation, restoration, reconstruction and adaptation and will commonly be a combination of more than one of these.
environmental weeds means any plant species that are deleterious to the natural environment due to their presence and potential to modify natural habitats.
items of the environmental heritage means those buildings, works, relics or places of historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance as listed in Schedule 6.
Joadja Creek wildlife corridor means that land shown hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 25)”.
Joadja site means the land to which this Division applies.
noxious plant means a plant declared under section 467 of the Local Government Act 1919 to be a noxious plant in relation to the Joadja site.
38C Consent required for work on the Joadja site
A person shall not carry out a work on land to which this Division applies, except with the consent of the council.
Notwithstanding any other provision of this plan, the council may grant consent to an application for consent to subdivide land to which this Division applies if each separate allotment to be created by the subdivision will have an area of not less than 2 hectares.
(1) Notwithstanding any other provision of this plan, a person may, with the consent of the council, erect one dwelling-house on any allotment created in accordance with clause 38D.(2) The council shall not grant consent pursuant to this clause where more than 12 dwelling-houses would occupy all of the Joadja site.(3) The council shall not grant consent to the erection of a dwelling-house pursuant to this clause unless it is satisfied that the erection of such a dwelling-house is in accordance with the principles set out in clause 38F (2) (d)–(g).
38F Restrictions on granting of consent
(1) The council shall not grant consent pursuant to clause 38D or 38E unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of:(a) the Joadja site as a whole, and(b) individual items of environmental heritage, including items and places of aboriginal heritage, situated on that site.(2) The council shall not grant consent pursuant to clause 38D unless provision, that the council is satisfied will be adequate, has been made for:(a) the inclusion of the items of environmental heritage, as listed in Part 1 of Schedule 6, within a single allotment,(b) the conservation of such of those items of environmental heritage as are listed in Part 2 of Schedule 6, together with their setting and their relationship with the whole Joadja site,(c) a road through the Joadja site to which individual access roads are linked and fire trails which link either with individual access roads or a through road or both,(d) a building site for a dwelling-house on each allotment so that:• the dwelling-house will not be subject to flood inundation,• the erection of the dwelling-house will require minimal removal of vegetation,• the dwelling-house will not be erected on land which has previously been mined, whether or not beneath the surface level, or on land which is subject to mine subsidence,• effluent waters and stormwater run-off arising from use of the dwelling-house will be disposed of without risk of significant contamination of the Joadja Creek system, and• driveway access to the dwelling-house, and siteworks associated with the erection of the dwelling-house, will be carried out with minimal disturbance to the existing landform and without increasing the potential for erosion,(e) road access to, from and through the land which is of a standard to meet likely user needs and which is carried out so as to ensure that no significant adverse impact on the environment arises from the provision of such access (such as a significant adverse impact on the water quality of the Joadja Creek system or on erosion of the land),(f) the protection of the naturally occurring habitat of indigenous fauna, the natural unimpeded movement of fauna through the aquatic and riparian environment and thereby the minimisation of any threat to the ecological value of the Joadja Creek wildlife corridor,(g) the development to be carried out in accordance with a soil and water management plan, and(h) infrastructure to properly service the needs of the development that will be provided in such a way as to minimise any adverse impact on the environmental, ecological and heritage value of the Joadja site.(3) (Repealed)
38G Protection of items of environmental heritage
(1) A person shall not, in respect of a building, work, relic or place that is an item of environmental heritage:(a) demolish, alter or extend that building or work,(b) damage or despoil that relic or place or any part of that relic or place, or(c) excavate any land for the purpose of exposing or removing that relic,except with the consent of the council.(2) In deciding whether to grant consent to an application to carry out any such development, the council shall take into consideration the extent to which the carrying out of the development would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Joadja site as a whole and of individual items of environmental heritage.(3) The council shall not consent to the carrying out of development referred to in subclause (1) unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Joadja site as a whole and of individual items of environmental heritage.(4) Where the council has received an application for consent to carry out development on the Joadja site, the council shall not grant the consent unless:(a) it has considered the archaeological potential of the land to which the application relates and the likely impact of the proposed development on the significance of any relic, place or site on the land to which this Division applies identified by the council as having heritage significance,(b) in respect of a relic, place or site referred to in paragraph (a), it has considered a conservation plan which includes an assessment of how the proposed development would affect the conservation of the relic, place or site,(c) an excavation permit has been obtained by the applicant under the Heritage Act 1977, where the significance of a relic, place or site referred to in paragraph (a) would be disturbed or where the site would be excavated, and(d) (Repealed)
(1) A person shall not remove any vegetation, other than environmental weeds and noxious plants, from the Joadja site except with the approval of the council.(2) The council shall not grant an approval required by subclause (1), unless it considers that:(a) the vegetation represents a risk to the long term conservation of items of environmental heritage,(b) the vegetation is likely to cause risk to the safety of property or persons, or both,(c) removal of the vegetation will be restricted to an absolute minimum and is required only so as to allow the erection of a dwelling-house, or(d) the vegetation does not have significant “habitat” value for native fauna.
38I Land to which Division applies
This Division applies to the land shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 125)” deposited in the office of the council.
38J Development and subdivision of land
The council must not grant consent to the subdivision of, or any other development on, any land to which this Division applies unless the council has considered the following matters in relation to the development:(a) the distribution of types of development on the land, including housing types, open space, and the pattern and phasing of development, including any indicative subdivision pattern,(b) vehicular, cycle and pedestrian circulation networks,(c) particulars of the type, location and phasing of transport infrastructure and utility infrastructure,(d) drainage patterns and stormwater and water quality management controls,(e) management of flooding, bushfire and land contamination risk, and the identification of flood and bushfire evacuation routes,(f) measures to protect threatened species, populations or ecological communities or their habitats and to promote biodiversity conservation,(g) measures relating to indigenous and non-indigenous heritage conservation,(h) urban design principles incorporating guidelines for the design, siting and construction of buildings (if appropriate).
38K Dual occupancy and multi dwelling housing development
(1) Despite any other provision of this Plan, the council may consent to development for any of the following purposes on land to which this Division applies:(a) in relation to land within Zone No 2 (a) (Residential “A” Zone):(i) dual occupancies, but only if on an allotment of not less than 600 m2 and not more than 1,999 m2, and(ii) multi dwelling housing, but only if within 200 m of Zone No 3 (a) (Business Zone), and(b) in relation to land within Zone No 3 (a) (Business Zone):(i) dual occupancies, but only if on an allotment of not less than 600 m2 and not more than 1,999 m2, and(ii) multi dwelling housing.(2) Despite any other provision of this Plan, the council may consent to the subdivision of land to which this Division applies that is within Zone No 2 (a) (Residential “A” Zone) or Zone No 3 (a) (Business Zone) and on which a completed dual occupancy or multi dwelling housing is located.
Despite any other provision of this Plan, the council may consent to development for any of the following purposes on land to which this Division applies that is within Zone No 3 (a) (Business Zone):(a) dwelling-houses,(b) seniors housing,(c) shop top housing.
39 Land identified as containing extractive materials
(1) This clause applies to land shown hatched and edged with a heavy broken line on the map.(2) A person shall not carry out any development on land to which this clause applies without the consent of the council.(3) In deciding whether to grant consent under subclause (2), the council must take into consideration the following matters:(a) the impact the proposed development, if carried out, would have on the availability of extractive materials,(b) whether the benefit to the community of the proposed development, if carried out, is greater than the costs to the community of refusing consent, redesigning or relocating the development or rendering the extractive materials unavailable.(4) (Repealed)
40 Special provisions—certain land within Zone No 3 (a)—East Bowral
(1) This clause applies to land at East Bowral shown hatched, edged black and lettered “3 (a)” on the map.(2) The council shall not consent:(a) to the erection on land to which this clause applies of a building in which a floor area in excess of 6,000 square metres is used for the purpose of commercial premises, for the purpose of shops or for the purpose of commercial premises and shops, or(b) to the erection on land to which this clause applies of a building with a floor area intended for use wholly or partly for the purpose of commercial premises, wholly or partly for the purpose of a shop or wholly or partly for the purpose of commercial premises and a shop if, as a consequence of the erection and use of the building concerned, the sum of the floor area of buildings used for the purpose of commercial premises or shops, or commercial premises and shops, on land to which this clause applies would exceed 6,000 square metres.
40A Special provisions—certain land in Walker Street, Funston Street and Moss Vale Road, Bowral
(1) This clause applies to Lots 7–13, Section B and Lots 18–20, Section C, DP 2630, Lots A–C, DP 347743, and Lot 2, DP 625407, Walker Street, Lots 8–13, Section C, DP 2630, and Lot 1, DP 625407, Moss Vale Road and Lots 1–4, DP 798458, Funston Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 8)”.(2) The council shall not grant consent to the carrying out of development for the purposes of commercial and professional offices on an allotment of land to which this clause applies unless:(a) it is satisfied that the floor space ratio of any building will not exceed 0.5:1,(b) it is satisfied that no building on the land will be more than one storey in height, and(c) it has made an assessment of:(i) the extent to which the carrying out of development, in accordance with the consent, would affect the character of the streetscape,(ii) the colour, texture, style, size and type of finish of any materials to be used on the building, and the effect which the use of those materials will have on the appearance of the exterior of the building, and of any other building in its vicinity,(iii) the pitch and form of the roof,(iv) the style, size, proportion and position of the openings for windows and doors,(v) the location and width of, and the materials to be incorporated into, driveway accesses, and(vi) the positioning of new buildings in relation to existing building setbacks on adjoining and nearby land.(3) In this clause:floor space ratio, in relation to a building, means the ratio of the gross floor area of the building to the area of the land on which the building is or is proposed to be erected.
41 Land edged broken black on the map and designated future industrial corridor
(1) This clause applies to land shown hatched and edged with a broken black line on the map and designated “Future Industrial Corridor” on the map.(2) Notwithstanding the provisions of clause 9, the council may consent to the carrying out of development for industrial purposes on land to which this clause applies.
41A Special provisions—certain land in Old Hume Highway, Mittagong
(1) This clause applies to so much of Lots 1–8, Section 35, DP 1374, Old Hume Highway, Mittagong, shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 80)” as is within Zone No 4 (b).(2) In determining an application for consent for any development on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to Chinamans Creek, and in such a way as to ensure that there is no overall adverse impact on water quality, and(b) for the proposed development to be carried out in accordance with a soil, water and erosion management plan, and(c) for the disposal of all effluent water by means of connection to the Council’s reticulated sewerage system, and(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and(e) to satisfactorily address any potential risk to human health or the environment posed by any contamination that may be present on the subject land, and(f) for the proposed development to be carried out in accordance with a traffic management plan, approved by the Council, which provides for:(i) the upgrading of the intersection of Frankland Street and the Old Hume Highway to accommodate the requirements of traffic generated by the proposed development of the land,(ii) no vehicular access to and egress from the land to be made via the Old Hume Highway, and(iii) the provision of suitable public vehicular access through the land linking Frankland Street and Roscoe Street.
42 Mt Flora and Mt Gingenbullen extractive industry
Development for the purposes of an extractive industry may be carried out on land within Zone No 7 (a), being land shown on the map as Mount Flora or Mount Gingenbullen and lettered “7 (a)”.
43 Development within the hydrological catchment comprising intensive plant growing
(1) This clause applies to the hydrological catchment.(2) The objective of this clause is to ensure that development with the potential to adversely impact on water quality in the hydrological 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 9 or any other provision of this plan, the consent of the Council is required for development that comprises intensive plant growing.
44 Dwelling-house—Environmental Protection Zone
Nothing in this plan prevents a person from erecting a dwelling-house, with the consent of the council, on each of the following allotments of land:(a) lots 1–5, section 29, Wingecarribee Street, Berrima,(b) lots 5, 7, 9 and 10, section 30, DP 1338, Murchison Street, Mittagong,(c) lots 601 and 602, DP 616137, Murchinson Street, Mittagong,(d) lots 80 and 81, DP 620593, Murchinson Street, Mittagong,(e) part portion 65, Parish of Mittagong, Earl Street, Mittagong,(f) part lot 1 and lot 2, DP 169019, Count Street, Mittagong,(g) part lot 2, DP 666, Count Street, Mittagong,(h) lots 4, 5 and 6, section 24, DP 1338, Siemens Street, Mittagong,(i) lots 1–5, section 25, DP 1338, Siemens Street, Mittagong,(j) lots 47–51, DP 732184 and Lot 22, DP 602133, Sunset Point Drive, Mittagong.
45 Development for certain additional purposes
(1) Nothing in this plan prevents a person, with the consent of the council, from carrying out development on, or with respect to, the land referred to in Schedule 5 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.(2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the council in respect of the development.
46 Special provisions certain land—Old South Road and Kangaloon Road, Bowral
(1) This clause applies to lots 24, 25 and 26, DP 713730, lots 1–14, Section C, DP 1416 and lots 1–6, Section D, DP 1416, Old South Road and Kangaloon Road, Bowral.(2) A person shall not carry out development for the purposes of a dwelling-house on any land to which this clause applies without the consent of the council.
47 Special provisions certain land—Old South Road, Bowral
(1) This clause applies to that part of lots 40 and 41, DP 749188 and part of Lot 42, DP 749010, Old South Road, Bowral as is within Zone No 3 (a).(2) Nothing in this plan prevents a person, with the consent of the council, from carrying out development on land to which this clause applies for the purposes of tourist facilities, stables, stockyards or dwelling-houses.
47A Special provisions—certain land in Walkers Road, Avoca
(1) This clause applies to part Portion 146, Parish of Yarrunga, Walkers road, Avoca, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 17)”.(2) Notwithstanding any other provisions of this plan, a person may with the consent of the Council, subdivide land referred to in subclause (1) if each separate allotment to be created by the subdivision will have an area of not less than 1 hectare.(3) A person may, with the consent of the Council, erect a dwelling-house on any allotment created in accordance with subclause (2).
47B Special provisions—certain land in Yerrinbool and Colo Vale
(1) This clause applies to:• part Portion 164 and Lots 15 and 17 in DP 245509 and part road reserve, Hume Highway, Yerrinbool, and• part of that land zoned Special Uses “B” (Railways) containing part of the Picton-Mittagong Loopline adjacent to the eastern side of Portions 172 and 179, Parish of Colo,as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 30)”.(2) Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land to which this clause applies for the purpose of extractive industry.(3) The Council shall not grant any such consent unless it has made an assessment of the extent to which the carrying out of development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any item of environmental heritage (within the meaning of Clause 27) situated on or in the vicinity of land to which this clause applies.
48 Development within district
(1) This clause applies to land within an area which has been proclaimed as a mine subsidence district under section 15 of the Mine Subsidence Compensation Act 1961.Note. Nothing in this clause affects any requirement under the Mine Subsidence Compensation Act 1961.(2) (Repealed)(3) In deciding whether consent should be granted to development on land to which this clause applies, the council must take into consideration:(a) the potential use of the land for mining purposes,(b) whether coal resources will be sterilised by the proposed development and the measures (if any) to be taken to prevent that sterilisation,(c) whether conditions to prevent the surface effects of mine subsidence should be imposed on the granting of consent to the carrying out of the development, and(d) whether granting concurrence to the carrying out of the development is likely to encourage development applications which, if granted, would be likely to sterilise coal resources.
48A Special provision—certain land on the Hume Highway and Golden Vale Road, Sutton Forest
(1) This clause applies to the land comprised in Lot 17, DP 705790 and Lot 1, DP 249175, fronting the Hume Highway and Golden Vale Road, Sutton Forest, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 66)”.(2) In this clause:community equestrian activities means recreational activities associated with horses (and includes horse trials, cross country events, dressage, show jumping, polo, polocrosse, harness racing and similar activities) being activities which are carried out, on a non-commercial basis, and on not more than 6 occasions each calendar year, by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of persons within the community.
(3) Despite any other provision of this plan, the Council may consent to the carrying out of development, on land to which this clause applies, if for the purpose of community equestrian activities, the Council is satisfied that adequate provision has been made for:(a) the disposal of effluent waters and stormwater runoff arising from the development without risk of significant contamination of any watercourse, and so that no nutrients and sediments enter Wells Creek, and(b) (Repealed)(c) the protection of surface and ground waters in the area from degradation and contamination, and(d) the storage and any use of horse manure to be conducted at least 20 metres away from any watercourse, and(e) the management of any traffic generated by the development of the land and of traffic that is not so generated, but that uses roads in the vicinity of the land.(4) Before granting consent to the carrying out of development on land to which this clause applies, the Council may require the submission of a soil, water and erosion management plan.
49 Highway service centre and recreation attraction at Sutton Forest
(1) This clause applies to lots 19 and 20 and part lot 1 DP 788846, Hume Highway, Sutton Forest, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 1)”.(2) In this clause:highway service centre means an integrated development providing on the one site a variety of facilities intended for the provision of services required by the travelling public and commercial highway users, including provision for:
(a) refreshment,(b) accommodation, and(c) motor vehicle services facilities,which development may also include advertising structures, bus stations, drive-in take-away food outlets, dwellings occupied in conjunction with uses permissible on the site, facilities for commercial vehicles, hire facilities, hotels, information centres, motels, parking areas, playgrounds, refreshment rooms, rest areas, rest rooms, service stations, shops in the nature of a general store or providing for the sale of convenience or novelty items (but not being supermarkets, department stores or ordinary retail outlets), toilets and showers, utility installations and development for any other purpose specifically designed to cater for the travelling public.recreation attraction means a facility providing for a range of recreational activities and experiences:
(a) whether:(i) of a cultural, educational, entertainment, environmental, ethnic, historic, industrial, participational, scientific or social character, nature or theme,(ii) provided as a single activity, or as a variety of activities and in varying combinations of activities, or(iii) operated for the purpose of gain or not, and(b) which may incorporate accommodation, refreshment facilities and such other support facilities as may be ancillary or subsidiary, including caravan and camping grounds, clubs, commercial entertainment, convention centres, dwellings occupied in conjunction with purposes permissible on the site, exhibition halls, galleries, general stores, hotels, hostels, information and interpretation centres, motels, museums, parking areas, playgrounds, refreshment rooms, recreation facilities, sports facilities, taverns and utility installations, and(c) which may also include specialty businesses, industries and shops where the trade or manufacturing activity conducted or items offered for retail sale, as the case may be, may be considered to be of a kind and scale incidental to the character, nature or theme of the attraction.(3) Notwithstanding any other provision of this plan, a person may, with the consent of the council, carry out development on land to which this clause applies for the purposes of a highway service centre, or a combination of a highway service centre and a recreation attraction.
50 Special provisions certain land Oldbury Street, Berrima
(1) This clause applies to lots 1–20, section 27, Oldbury Street, Berrima, and lots 1–14, section 28, Countess Street, Berrima as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 3)” deposited in the office of the Council.(2) Notwithstanding any other provision of this plan, the Council may grant consent in respect of an application to subdivide land to which this clause applies if each separate allotment to be created by the subdivision will have an area of not less than 1 hectare.(3) A person may, with the consent of the Council, erect a dwelling-house on any allotment created in accordance with subclause (2).
(1) In this clause:landfill means the deposit on land of any granular material including soil, crushed rock or overburden and other matter such as demolition waste or scrap material.
(2) Development for the purposes of landfill on land to which this plan applies shall not be carried out except with the consent of the Council.(3) The Council shall not grant consent as required by subclause (2) unless it is satisfied that:(a) the disposal of fill material will in no way alter the flow of natural watercourses and identified flood levels within the area of Wingecarribee,(b) the disposal of fill material will have no adverse impact on any adjoining and adjacent properties,(c) the disposal of fill material will not result in the degradation of the scenic landscape, loss of vegetation, spread of weed infestation into natural bushland and mass movement of fill material, and(d) appropriate measures will be put into place to control erosion and sediment run-off.
51A Special provisions—certain land within Zone No 2 (a1) in Eridge Park Road, Burradoo
(1) This clause applies to certain land in Burradoo, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 67)” and within Zone No 2 (a1).(2) Notwithstanding any other provision of this plan, the Council must not grant consent to the subdivision of land to which this clause applies unless it is satisfied that any allotment created:(a) will not be subject to flooding more than once in 20 years,(b) does not require landfill in order to satisfy the requirements of paragraph (a), and(c) will be serviced by reticulated water supply and sewerage.(3) When considering whether to consent to development of land to which this clause applies, the Council must take into account whether carrying out the development will adversely affect the quality of the Wingecarribee River system or ground water in the locality and, in particular, whether adequate provision has been made:(a) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the Wingecarribee River system, and in such a way as to ensure that there is no overall adverse impact on water quality, and(b) for a vegetated riparian protection zone at least 20 metres wide along the foreshores of all watercourses, wetlands, lagoons and swamps on or adjoining the land.
51B Special provisions—certain land within Zone No 7 (b) in Burradoo
(1) This clause applies to certain land in Burradoo as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 67)” and within Zone No 7 (b).(2) Notwithstanding any other provision of this plan, the Council may consent to:(a) the subdivision of land to which this clause applies which will result in the creation of allotments with an area of not less than 4 hectares, and(b) the erection of a dwelling-house on any allotment created in accordance with paragraph (a).
52 Special provisions—certain land in Biggera Street, Braemar
(1) This clause applies to certain land in Biggera Street, Braemar, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 61)”.(2) Notwithstanding any other provision of this plan, the Council shall not grant consent to the subdivision of land to which this clause applies unless it is satisfied that any allotment created:(a) will not have an area of less than 1500 square metres, and(b) satisfies the requirements of Australian Standard AS 1547—1994 (Disposal systems for effluent from domestic premises) in respect of effluent disposal systems to accommodate future residential development.(3) When considering whether to consent to development of land to which this clause applies:(a) the Council shall take into account any likely impact of the proposed development on the health of the Nattai River and its catchment, and(b) where an on-site effluent disposal system is proposed, the Council shall not grant the consent unless the system is designed to ensure that all effluent can be successfully assimilated within the boundaries of the allotment.
54 Special provisions—certain land in Bresnahans Lane, Wildes Meadow
(1) This clause applies to the parcel of land described as Lot 1, DP 588422 and Lot 2, DP 773616, Bresnahans Lane, Wildes Meadow, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 62)”.(2) Notwithstanding any other provision of this plan, the Council may grant consent to an application to subdivide the land to which this clause applies to create two allotments, if one allotment created by the subdivision will have an area of not less than 1000 square metres and not more than 2 hectares.(3) A person may, with the consent of the Council, erect a dwelling-house on each allotment created in accordance with subclause (2).(4) To remove any doubt, clause 12 does not allow a concessional allotment to be created from land to which this clause applies and clause 13 does not allow the erection of a dwelling on any such allotment, if consent is granted for subdivision of the land as provided by this clause.
54A Commercial photographic and filming activities
(1) Despite any other provision of this plan, development may, with the consent of the Council, be carried out on land to which this plan applies for the purposes of commercial photographic or filming activities (or a combination of such activities), and for any associated land uses, for a period of up to, but not exceeding, 12 months.(2) In determining whether to grant consent pursuant to subclause (1), the Council shall consider whether adequate provision has been made for:(a) the protection of the environment and the amenity of the locality during and immediately after the carrying out of the proposed use, and(b) the provision of utility services, vehicular and pedestrian access, parking and restoration of the site to the condition prevailing immediately before the carrying out of the proposed use, and(c) the carrying out of the proposed use in a reasonable period, given the circumstances.(3) Nothing in this plan requires the consent of the Council for any commercial photographic or filming activity of up to one week’s duration where such activity does not involve the erection of buildings or sets or the carrying out of a work.
55 Special provisions—certain land in Eridge Park Road, Burradoo
(1) This clause applies to Lot 1, DP 533910, Eridge Park Road, Burradoo, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 63)”.(2) In this clause:artificial waterbody means a body of water created by the carrying out of a work.
commercial garden means a garden which is open to inspection by the public on an ongoing and commercial basis, whether or not refreshments, lectures and demonstrations are provided, or plants, horticultural products or associated goods are sold, at the garden.
(3) A person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a commercial garden, artificial waterbody or mini-golf course (or any combination of them).(4) In determining an application for consent for any such development, the Council must take into account whether carrying out the development will adversely affect the quality of the Wingecarribee River system or ground water in the locality and, in particular, whether adequate provision has been made:(a) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the Wingecarribee River system and in such a way as to ensure that there is no overall adverse impact on water quality, and(b) for the development to be carried out in accordance with a soil, water and erosion management plan, and(c) for the establishment of a riparian buffer zone and vegetation belt located on the land in such a way as to assist in preventing nutrient runoff and subsequent water quality degradation, and(d) for the disposal of all effluent water by means of connection to the Council’s reticulated sewerage system, and(e) for the physical separation of water within any artificial water body or dam on the land from the Wingecarribee River system, and(f) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality.(5) The Council must not grant consent to the erection of a building on any land to which this clause applies that is subject to flooding more than once in every 20 years (as identified by the Council).(6) This clause applies despite any other provision of this plan.
56 Special provisions—certain land in Etheridge Street, Mittagong
(1) This clause applies to part of Lots 12, 13 and 14, Section 39, DP 1374, Etheridge Street, Mittagong as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 70)”.(2) In this clause:Emergency Services Headquarters means a place or building, or both, used as the headquarters of emergency services organisations, including the Council, for the purposes of administration, training, parking, plant workshop activities and the like.
(3) A person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of an Emergency Services Headquarters.(4) In determining an application for consent for any such development, the Council must take into account whether adequate provision has been made:(a) for all vehicular access to the proposed development to be made via Priestley Street, and(b) for the prohibition of all left hand turn vehicle movements from the proposed development into Priestley Street, and(c) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to Chinamans Creek, and in such a way as to ensure that there is no overall adverse impact on water quality.
57 Special provisions—certain land fronting Funston Street and Station Street, Bowral
(1) This clause applies to Lot 1 and part Lot 2, DP 814859, Lots A and B, DP 381616, Lot 5 and part Lots 2–4, DP 21133 and land in DP 2630, Station Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 74)”.(2) In determining an application for consent for development on that part of the land known as Lot 5 and part Lots 3 and 4, DP 21133 and zoned Industrial, the Council must take into account whether adequate provision has been made for all vehicular access to the proposed development to be only via Funston Street.(3) In determining an application for consent for development on that part of the land known as part Lot 2, DP 21133 and zoned Industrial, the Council must take into account whether adequate provision has been made for the prohibition of vehicular access to the proposed development via the Railway Parade road extension before and after it is completed.
58 Special provisions—certain land fronting Burradoo Road and Yean Street, Burradoo
(1) This clause applies to Lot 15, DP 794215 and Lot 1, DP 505050, Burradoo Road and Yean Street, Burradoo, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 73)”.(2) In this clause:Anglewood Conservation Area means that land shown edged in black and vertically hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 73)”.
Cluster Housing Precinct means that land shown edged in black and horizontally hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 73)” and includes any area of land to which this clause applies which extends ten metres to the south of the southern edge of the land shown horizontally hatched on the map.
Yean Cottage and The Gatekeeper’s Lodge means those two buildings as described in the Draft Conservation Plan for Yean Cottage, Anglewood Estate, Burradoo, prepared by Allman Johnston Associates (deposited in the office of the Council). The Gatekeeper’s Lodge and curtilage are shown cross-hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 73)”.
(3) The Council must not grant consent to the erection of a building on any land within the Anglewood Conservation Area.(4) Land to which this clause applies that is not within the Anglewood Conservation Area shall not be subdivided unless each separate allotment created by the subdivision will have an area of 2,000 square metres, subject to subclause (5).(5) notwithstanding subclause (4), the Council may grant consent to:(a) up to 20 dwelling-houses for land within the Cluster Housing Precinct if those dwelling-houses form part of a cluster in accordance with clause 18, and(b) the subdivision of that land to create separate allotments for each dwelling-house and additional allotments to be used for the purpose of open space in the Cluster Housing Precinct, and(c) a subdivision creating a separate allotment for the land comprised of the Gatekeeper’s Lodge and its curtilage, being the land shown cross-hatched on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 73)”.(6) A person may, with the consent of the Council, carry out building additions and alterations to Yean Cottage and the Gatekeeper’s Lodge.(7) In determining an application for consent for any such building additions and alterations to Yean Cottage or the Gatekeeper’s Lodge, the Council must take into account whether carrying out such building additions or alterations will adversely affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Anglewood Conservation Area.(8) A person may, with the consent of the Council, demolish a building on the land to which this clause applies.(9) In determining an application for consent to demolish such a building, the Council shall consider any potential risk to human health or the environment by any contamination that may be present on that land.
58A Special provisions—certain land in Apple Street, Berrima
(1) This clause applies to part Lot 458, DP 45785, part Lot 2, DP 46942 and part road reserve, Apple Street, Berrima as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 91)” and zoned Residential “A1”.(2) The Council shall not grant consent to the erection of any building on the land to which this clause applies unless the Council is satisfied that:(a) the building will not exceed 1 storey in height, and(b) the building will not be erected on or to the south of the natural ridgeline which transects the land.(3) In determining an application for consent for any development on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) for the disposal of all effluent water by means of connection to the Council’s reticulated sewerage system, and(b) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the Wingecarribee River, and(c) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality.
59 Special provisions—certain land fronting Regent Street, Mittagong
(1) This clause applies to Lot 23, Section 2, DP 1289 and Lot B, DP 394677, Station Street and Regent Street, Mittagong as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 78)”.(2) A person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a residential flat building.(3) In determining an application for consent for any such development, the Council must take into account whether adequate provision has been made for:(a) the residential flat building to take the form of row or terrace housing having a primary frontage to Regent Street, Mittagong, and(b) the conservation of the cultural and aesthetic significance of Mittagong Police Station, Mittagong Railway Station and any other item of environmental heritage, and(c) the residential flat building to satisfy the requirements of AS 2107 1987 (Acoustics) in terms of noise and vibration arising from nearby rail related activities, and other activities considered to be ordinarily incidental to a town centre environment, and(d) the remediation, and validation of the remediation, of any part of the land considered by Council to have been contaminated, or to be potentially contaminated, by hazardous substances, making such land suitable for residential development to the Council’s satisfaction.(4) Notwithstanding any other provision of this plan, the Council shall not grant consent to the use or other development of the land to which this clause applies unless it is satisfied that the land has been remediated from contamination by hazardous substances, and the extent of the remediation validated to Council’s satisfaction, to make the land suitable for that use or other development.(5) The Council may decline to grant any consent for the use or other development of the land to which this clause applies, unless it has fully considered such relevant information, test results, data and reports relating to remediation of the land as the Council considers necessary.(6) When considering whether or not to consent to the use or other development of the land to which this clause applies, the Council shall take into account:(a) the need for further investigation for contamination and the undertaking of remediation works to make the land suitable for such use or other development, and(b) the impact of any proposed remediation on any adjoining land, and(c) the need to restrict the range of land uses undertaken on the land, if the Council is satisfied that the land has been assessed in a validation plan as being suitable for a limited range of specified land uses.
60 Special provisions—certain land in Argyle Street, Moss Vale
(1) This clause applies to Lot 1, DP 612545, Lot 4, DP 832397 and part Lots 3, 5, 6, 7 and 8, DP 832397, Argyle Street, Moss Vale, as shown edged heavy black on Sheet 2 of the map marked “Wingecarribee Local Environmental Plan 1989, (Amendment No 84)”.(2) Despite any other provision of this plan, development shall not be carried out on the land to which this clause applies for the purpose of an automotive business, builders’ supply yard, building products showroom, hardware shop, motel, motor showroom, produce store, the sale of bulky goods or a supermarket.
60A Special provisions—certain land in Argyle Street, Moss Vale
(1) This clause applies to part Lot 1, DP 915903, and Lot 1, DP 944074, Argyle Street, Moss Vale, as shown edged heavy black and lettered “3 (b)” on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 112)”.(2) In determining an application for consent for development on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) for the disposal of all effluent water by means of connection to the Council’s reticulated sewerage system, and(b) for stormwater runoff from the development to be disposed of without any risk of contamination to any watercourse or creek, and(c) for effective measures to be incorporated into any proposal for development with regard to stormwater, sediment and erosion management, and(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and(e) to satisfactorily address any potential risk to human health or the environment posed by any contamination that may be present on the subject land.
61 Special provisions—certain land in Ellen Street, Bowral
(1) This clause applies to part of Lots 10 and 11, DP 597322, Ellen Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 88)”.(2) In determining an application for consent for development on the land to which this clause applies, the Council must take into account whether adequate provision has been made to ensure that the landscape significance of the forested slopes of Mt Gibraltar is maintained.
62 Special provisions—certain land fronting Bowral Road and Princess Street, Mittagong
(1) This clause applies to Lot 1, DP 787267 and Lots 4–6, Section 4, DP 1289 fronting Bowral Road and Princess Street, Mittagong, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 85)”.(2) Notwithstanding any other provision of this plan, the Council shall not grant consent to the use or other development of the land to which this clause applies unless adequate provision has been made for:(a) any building resulting from the proposed development to be set back at least 6 metres from adjoining residential properties, and(b) the consolidation of all the allotments comprising the land subject to the development proposal into one title, and(c) vehicular access via Princess Street only, and egress via Bowral Road only, in accordance with the report prepared by Christopher Hallam & Associates Pty Ltd (Traffic and Parking) for the subject land deposited in the office of the Council, and(d) appropriate remediation of the land from contamination by hazardous substances and validation of such remediation to Council’s satisfaction, to make the land suitable for the proposed use or other development.(3) The Council may decline to grant any consent to the use or other development of the land to which this clause applies, unless it has fully considered such relevant information, test results, data and reports relating to the investigation, remediation and validation of, remediation of the land as the Council considers necessary.(4) When considering whether or not to consent to the use or other development of the land to which this clause applies, the Council shall take into account:(a) the need for further investigation for contamination and the undertaking of remediation work to make the land suitable for such use or other development, and(b) the impact of any proposed remediation on any adjoining land, and(c) the need to restrict the range of land uses undertaken on the land, if the Council is satisfied that the land has been assessed in a validation report as being suitable for a limited range of land uses, and(d) the relevant requirements of the Council’s Contaminated Land Procedures Policy, the Department of Urban Affairs and Planning’s Guidelines for Contaminated Land and other relevant requirements or guidelines of the Environment Protection Authority of NSW.
63 Special provisions—certain land in Merrigang Street, Bowral
(1) This clause applies to Lot 120, DP 790331, Merrigang Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 82)”.(2) Notwithstanding any other provision of this plan, the Council shall not grant consent to the use or other development of the land to which this clause applies:(a) otherwise than for the purpose of commercial offices (including medical consulting rooms), building products showrooms (but not hardware shops) or community facilities, and(b) unless it is satisfied that the land has been appropriately remediated to make the land suitable for the purposes referred to in paragraph (a).(3) When considering whether or not to grant consent to the use or other development of the land to which this clause applies, the Council shall take into account:(a) the need for further investigation for contamination and the undertaking of remediation work to make the land suitable for such use or other development, and(b) the impact of any proposed remediation on any adjoining land, and(c) the need to restrict the range of land uses undertaken on the land, if the Council is satisfied that the land has been assessed in a validation report as being suitable for a limited range of specified land uses, and(d) the relevant requirements of the Environmental Planning and Assessment Act 1979, the Contaminated Land Management Act 1997, the Council’s Contaminated Land Procedures Policy, the Department of Urban Affairs and Planning Guidelines for Contaminated Land and other relevant requirements or guidelines of the Environment Protection Authority or related legislation, and(e) the impact of the proposed development of the land on water quality in Mittagong Creek, including the need and opportunity for the establishment of a riparian buffer zone in the vicinity of the Creek.
65 Special provisions—certain land in Fulvia, Hakea, Melaleuca and Protea Streets, Hill Top
(1) This clause applies to part of Lots 20–21, part of Lots 43–47, and Lots 22–42, Sec 49, DP 1349, and Lots 15–72, Sec 54, DP 1349, and part of Fulvia, Hakea and Melaleuca Streets, and all of Protea Street, Hill Top, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 83)”.(2) Notwithstanding any other provision of this plan, the Council may grant consent to:(a) an application to consolidate Lots 15–36, 38–39, 45–48 and 54–72, Sec 54, DP 1349, Fulvia Street, Hill Top, into one allotment where it can be satisfied that such consolidation is for the purpose of the erection of a dwelling-house,(b) an application to consolidate part Lots 20–21, Lots 22–42, and part Lot 43, Sec 49, DP 1349, Fulvia Street, Hill Top, into one allotment where it can be satisfied that such consolidation is for the purpose of the erection of a dwelling-house, and(c) an application to erect a dwelling-house on an allotment created by a consolidation in accordance with paragraph (a) or (b), but only on the condition that no more than one dwelling-house would occupy each allotment.(3) When considering whether to consent to development in pursuance of sub clause (2) (c) the Council must take into account whether adequate provision has been made:(a) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the Bargo River and its catchment,(b) for effective measures to be incorporated into any proposal for development with regard to stormwater, sediment and erosion management,(c) to ensure that sufficient indigenous vegetation is provided and maintained within 20 metres of all watercourses and wetlands on the land (which may be referred to as a riparian protection zone for the watercourse or wetland concerned), to prevent erosion of their foreshores and assist in the treatment of runoff prior to its entry into such watercourses and wetlands,(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality,(e) for any proposed on-site effluent disposal systems to be designed to ensure that all effluent can be successfully assimilated within the boundaries of the allotment, and disposed of without any contamination to groundwater or to the Bargo River and its catchment,(f) for the development to be carried out without disturbing the vegetation on the steeper slopes of the land, and generally for vegetation clearing to be kept to a minimum taking into account the need to protect against the risk of bushfire,(g) for the development not to be carried out within those areas of the site where the slope exceeds 20%, and(h) for adequate set back of the development from the Picton Loop Line to take account of the impact of noise and vibration.
66 Special provisions—certain land fronting Railway Avenue, Bundanoon
(1) This clause applies to Lots 1–8 and 11–13, DP 11791, and Lots 9–10, DP 832758, Railway Avenue, Bundanoon, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 94)”.(2) In this clause:home based artisan studio means a room attached to a dwelling-house or a building located within the curtilage of a dwelling-house, used by the residents of that dwelling-house for the purpose of the manufacture, display and sale of arts and crafts.
(3) A person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of a home based artisan studio.(4) In determining an application for consent for a home based artisan studio on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) to ensure that the maximum built floor space available for use as a home based artisan studio does not exceed 50 square metres, and(b) to ensure that all products sold have been made on the premises, and(c) for the provision of two off street car parking spaces on the land on which the home based artisan studio is erected, where such car parking spaces are for the sole use of patrons, and(d) to ensure that no more than two persons, being residents of the dwelling associated with the home based artisan studio, are employed in relation to that development, and(e) to satisfactorily address any potential risk to human health or the environment posed by any contamination that may be present on the subject land.
67 Special provisions—certain land fronting Anzac Parade, Bundanoon
(1) This clause applies to Lots 10–15 and Lot 18, DP 12552, Anzac Parade, Bundanoon, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 94).(2) A person may, with the consent of the Council, carry out development on the land to which this clause applies for the purpose of light industry.(3) In determining an application for consent for any development on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) for a showroom and sales facility to be constructed in conjunction with any manufacturing activity, and(b) for any showroom or sales facility to have frontage and direct pedestrian access to Anzac Parade, Bundanoon, and(c) for any workshop area to be sited and constructed so as to ensure no noise or odour nuisance to adjoining and nearby properties, and(d) for all loading and storage facilities to be screened from public view, and(e) for all buildings to have single storey frontage to Anzac Parade, and to be designed with due regard to the streetscape prominence and architectural character of the nearby buildings known as “The Gasthof” and “Mildenhall Guesthouse”, and(f) to satisfactorily address any potential risk to human health or the environment posed by any contamination that may be present on the subject land.
68 Special provisions—certain land in Colo Street, Mittagong
(1) This clause applies to Lot 1, DP 539841, Colo Street, Mittagong as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 99)”.(2) In determining an application for consent for any development on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) for the disposal of all effluent water by means of connection to the Council’s reticulated sewerage system, and(b) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the Nattai Creek, and(c) for effective measures to be incorporated into any proposal for development with regard to stormwater, sediment and erosion management, and(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and(e) to satisfactorily address any potential risk to human health or the environment posed by any contamination that may be present on the subject land.(3) It is a requirement for development on land to which this clause applies that:(i) a 10 metre wide landscaped buffer is to be provided along the northern boundary of the subject land, and(ii) a building is not to be erected within the 10 metre landscaped buffer, and(iii) a flora and fauna study for the subject land is to be submitted to the Council, including a tree removal plan which shows the retention of Eucalypts with hollows suitable for supporting arboreal mammal and bird nesting, and(iv) an Aboriginal archaeological survey for the subject land is to be submitted to the Council.The purpose of this subclause is conservation of the landscape setting of the Maltings Conservation Area, the native flora and fauna, and any potential Aboriginal archaeological sites.
(4) The Council must not grant consent to the erection of a building on any land to which this clause applies that is subject to a one per cent probability flood event.(5) Land to which this clause applies which is zoned Residential 2 (a) shall not be subdivided unless each separate allotment created by the subdivision will have an area of not less than 1,000 square metres.(6) No buildings are permitted on land zoned Environmental Protection 7 (a) to which this clause applies.
69 Special provisions—certain land in Berrima Road, Moss Vale
(1) This clause applies to Lots 1, 2, and 3 DP 33517 and Lot 1 DP 103122 Berrima Road, Moss Vale, as shown heavy edged on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 101)”.(2) In determining an application for consent for any development on the land to which this clause applies, the Council will require:(a) the submission of a Water Cycle Management Study (WCMS) where the application proposes unsewered development but excluding pump out systems, and(b) that any proposal incorporate a 100 metre buffer to watercourses (whether permanent or intermittent) from effluent disposal areas.
70 Special provisions—Robertson Village
(1) This clause applies to all land located within the village of Robertson as shown edged heavy black on Sheet 1 of the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 106)”.(2) In this clause: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 2000 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 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 site of the enterprise or associated with the main activity of the enterprise.riparian corridor means the land within 20 metres of both sides of the length of Caalang and Wallaganda Creeks (being 20 metres measured horizontally from the top of the banks of those creeks and at right angles from the general flow direction of those creeks), as shown edged by a broken red line on Sheet 3 of the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 106)”.
(3) A person may, with the consent of the Council, carry out development for the purpose of a home enterprise on land to which this clause applies that is within Zone No 2 (a2).(4) The Council may consent to the carrying out of development for the purpose of a joint workshop, showroom and retail development on land to which this clause applies that is within Zone No 3 (a).(5) Development for the purpose of a dwelling-house on land shown edged heavy black on Sheet 2 of the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 106)” is prohibited unless the development is to be carried out on an existing parcel (as defined in clause 13).(6) All development other than grazing and utility installation is prohibited within the riparian corridor. However, the Council may consent to development for the purpose of an extension to an existing dwelling-house or for the purpose of a home enterprise (including the erection of a building for that purpose) within the riparian corridor, but only if the allotment on which the dwelling house is located or the building is to be located or on which the home enterprise is to be carried on (being an allotment created prior to the commencement of this clause) does not provide an alternative location for the extension or home enterprise outside of the riparian corridor. The Council, before granting such consent, must be satisfied that adequate provision has been made for:(a) effluent waters and stormwater run-off arising from the use of the land for residential purposes to be disposed of without risk of significant contamination to any water course, and(b) the retention of any significant vegetation, and(c) road and driveway access to the dwelling-house to be constructed in such a way as to minimise any disturbance to the existing landform and so as not to increase the potential for erosion.
71 Special provisions—certain land fronting Bowral Road, Mittagong
(1) This clause applies to Lot 8 Section 4 DP 1289 Bowral Road, Mittagong, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 105)”.(2) Notwithstanding any other provision of this plan, the Council shall not consent to the use of the land for any residential development unless a covenant is placed over the title of the land stating that the usage of the site is restricted to those uses listed as suitable within the New South Wales Environment Protection Authority Site Audit Statement No WRR 76 dated 27 April 2000.
72 Special provisions—certain land in Cavendish Street, Mittagong
(1) This clause applies to Lot 8, Section 39, DP 1374, Cavendish Street, Mittagong as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 109)”.(2) In determining an application for consent for any development on the land to which this clause applies, the Council must take into account whether adequate provision has been made:(a) for the disposal of all effluent water by means of connection to the Council’s reticulated sewerage system, and(b) for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to Chinaman’s Creek, and(c) for effective measures to be incorporated into any proposal for development with regard to stormwater, sediment and erosion management, and(d) for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and(e) to satisfactorily address any potential risk to human health or the environment posed by any contamination that may be present on the subject land.
73 Special provisions—certain land fronting Kangaloon Road, Glenquarry
(1) This clause applies to Lot 1 DP 787665, Kangaloon Road, Glenquarry, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 108)”.(2) A person may, with the consent of the council, carry out development on land to which this clause applies for the purpose of the erection of a single dwelling-house.(3) In determining an application for consent for the erection of a single dwelling-house on the land to which the clause applies, the council must take into account whether adequate provision has been made:(a) to ensure a neutral or beneficial effect on the quality of surface or ground waters, and(b) to ensure that no on-site effluent disposal area will be located within 150 metres of the Wingecarribee River or within 100 metres of any creek or watercourse, whether perennial or intermittent, and(c) to ensure that vehicular access to Lot 1 DP 787665, Kangaloon Road has a minimum sight distance of 190 metres in both directions, and(d) for the restoration of riparian land.(4) The council must not grant consent to the erection of a single dwelling-house on the land to which the clause applies unless:(a) the council is satisfied that the proposed development will not have an adverse impact on the prominent landscape features of the site and the surrounding area, and(b) the particular scenic and cultural values of the rural landscape will be maintained to the satisfaction of the council, and(c) the ground floor of the dwelling-house is not above 670 AHD, and(d) the dwelling-house is located so that it is not silhouetted above the natural horizon of the land, when viewed from Kangaloon Road.(5) For the purposes of subclause (6), riparian corridors consist of strips of land to which this clause applies (along both sides of the length of each watercourse) that have a minimum width of 20 metres (excluding the width of the watercourse) when measured landward horizontally from the top of the bank and at right angles with the general flow direction of the watercourse.(6) The council must not grant consent to the erection of a residential or an ancillary building within the riparian corridors on land to which this clause applies.
74 Special provisions—certain land fronting Spring Street, Moss Vale
(1) This clause applies to Lot 90, DP 751253, Spring Street, Moss Vale, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 117)”.(2) Despite any other provision of this plan, a person may, with the consent of the council, carry out development on the land to which this clause applies for one or more of the following purposes:(a) a place of public worship,(b) a community welfare or recreational activity,(c) religious training or administration.
75 Special provision—certain land fronting Ascot Road, Bowral
(1) This clause applies to Lot 6, DP 23766, Ascot Road, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 118)”.(2) A person may, with the consent of the council, carry out development on land to which this clause applies for the purpose of the erection of a dwelling-house.(3) In determining an application for consent for the erection of a dwelling-house on land to which the clause applies, the council must take into account whether adequate provision has been made for:(a) the disposal of all effluent water by means of connection to the council’s reticulated sewerage system, and(b) the restoration of riparian land in terms of soil erosion control and the reinstatement of locally indigenous native vegetation species.(4) The council must not grant consent to the erection of a dwelling-house on land to which this clause applies unless:(a) there is to be no more than a single dwelling-house on the land, and(b) the dwelling-house is:(i) to be no higher than a single storey, and(ii) to be setback a minimum of 3 metres from adjoining property boundaries, and(iii) to be located on land that is above the level of the 1% annual exceedance probability flood level, and(iv) to have a floor level that will be a minimum of 678.71 AHD, and(c) a drainage easement has been created in favour of each allotment that is in Zone No 2 (b) (Residential “B” Zone) and that adjoins the land.(5) The council must not grant consent to development for the purpose of a residential or ancillary building on land to which this clause applies if that land is within the riparian corridor or is at or below the level of the 1% annual exceedance probability flood level.(6) In this clause:1% annual exceedance probability flood level means a flood level that has a 1 in 100 chance of being reached in any one given year.
riparian corridor means any land to which this clause applies that is on the southern side of Mittagong Creek and that has a minimum width of 10 metres when measured landward horizontally from the top of the southern bank of the watercourse and at right angles with the general flow direction of the watercourse.
76 Special provisions—certain land associated with Exeter Quarry
(1) This clause applies to Lot 1, DP 611935, part Lot 1, DP 857562, Lot 2, DP 537292, Lot B, DP 395847, Lots 4, 5, 6 and part Lot 7, Section 1, DP 978852 and the road reserve, as shown edged in heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 124)”.(2) Despite any other provision of this plan, the council may grant consent to the subdivision of the land to which this clause applies for the creation of:(a) not more than 25 rural residential allotments, each with an area of not less than 2 hectares, and(b) one other allotment, with an area of not less than 2 hectares.(3) A person may, with the consent of the council, erect a single dwelling-house on each of the rural residential allotments.(4) In determining an application for consent for the subdivision, the council must take into consideration any relevant water cycle management study addressing development on unsewered lands.
77 Special provisions—certain land adjoining Vine Lodge, Exeter
(1) This clause applies to Lot A, DP 927745 and Lot 4, DP 660174, as shown edged in heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 124)”.(2) Despite any other provision of this plan, the council may grant consent to the subdivision of the land to which this clause applies for the creation of not more than 25 allotments.(3) A person may, with the consent of the council, erect a single dwelling-house on each of the allotments.(4) In determining an application for consent for the subdivision, the council must take into consideration any relevant water cycle management study addressing development on unsewered lands.