Wingecarribee Local Environmental Plan 1989 (1990 EPI 17)

Part 1 Preliminary

1 Name of plan

This plan may be cited as Wingecarribee Local Environmental Plan 1989.

2 Aims, objectives etc

(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.

3 Land to which plan applies

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).

cl 4: Am 24.2.1995.

5 Definitions

(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:

(i)  the council, or

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

but does not include a racecourse or showground.

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.

cl 5: Am 12.4.1990; 1.6.1990; 12.10.1990; 8.2.1991; 15.2.1991; 31.5.1991; 9.8.1991; 6.12.1991; 31.1.1992; 10.4.1992; 24.4.1992; 19.6.1992; 4.9.1992; 23.10.1992; 13.11.1992; 15.1.1993; 5.2.1993; 5.3.1993; 25.6.1993; 8.4.1994; 2.9.1994; 18.11.1994; 16.12.1994; 21.7.1995; 4.8.1995; 18.8.1995; 8.9.1995; 19.4.1996; 17.5.1996; 20.12.1996; 20.6.1997; 26.9.1997; 24.10.1997; 7.11.1997; 19.12.1997; 29.5.1998; 26.6.1998; 18.9.1998; 27.11.1998; 24.12.1998; 22.1.1999; 5.2.1999; 16.7.1999; 5.11.1999; 10.12.1999; 24.12.1999; 14.7.2000; 8.9.2000; 1.12.2000; 8.12.2000; 16.2.2001 (see also 23.2.2001); 18.5.2001; 7.2.2003; 14.11.2003; 8.4.2004; 26.11.2004; 2006 (71), Sch 1 [1]; 2006 (289), Sch 1.15 [1]; 2007 (73), Sch 1 [1]; 2007 (353), Sch 1 [1] [2]; 2008 (269), Sch 1 [1]; 2009 (518), Sch 1 [1] [2].

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).

cl 6A: Ins 14.7.2000.

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.

cl 6B: Ins 14.7.2000. Am 2006 (289), Sch 1.15 [2].

7 Consent authority

The council shall be the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

8 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone.

Zone No 1 (a) (Rural “A” Zone)—shown with heavy black edging and lettered “1 (a)”.

Zone No 1 (b) (Rural “B” Zone)—shown with heavy black edging and lettered “1 (b)”.

Zone No 1 (c) (Rural (Smallholdings) Zone)—shown with heavy black edging and lettered “1 (c)”.

Zone No 1 (f) (Forest Zone)—shown with heavy black edging and lettered “1 (f)”.

Zone No 2 (a) (Residential “A” Zone)—shown with heavy black edging and lettered “2 (a)”.

Zone No 2 (a1) (Residential “A1” Zone)—shown with heavy black edging and lettered “2 (a1)”.

Zone No 2 (a2) (Residential “A2” Zone)—shown with heavy black edging and lettered “2 (a2)”.

Zone No 2 (b) (Residential “B” Zone)—shown with heavy black edging and lettered “2 (b)”.

Zone No 2 (c) (Village or Township Zone)—shown with heavy black edging and lettered “V”.

Zone No 3 (a) (Business Zone)—shown with heavy black edging and lettered “3 (a)”.

Zone No 3 (b) (Business (Special) Zone)—shown with heavy black edging and lettered “3 (b)”.

Zone No 4 (a) (Industrial Zone)—shown with heavy black edging and lettered “4 (a)”.

Zone No 4 (b) (Light Industrial Zone)—shown with heavy black edging and lettered “4 (b)”.

Zone No 5 (a) (Special Uses “A” Zone)—shown with heavy black edging and lettered “5 (a)”.

Zone No 5 (b) (Special Uses “B” (Railways) Zone)—shown with heavy black edging and lettered “5 (b)”.

Zone No 5 (c) (Special Uses “C” (Water Catchment) Zone)—shown with heavy black edging and lettered “5 (c)”.

Zone No 6 (a) (Open Space (Existing Recreation) Zone)—shown with heavy black edging and lettered “6 (a)”.

Zone No 6 (b) (Open Space (Private Recreation) Zone)—shown with heavy black edging and lettered “6 (b)”.

Zone No 6 (c) (Open Space (Special Purposes) Zone)—shown with heavy black edging and lettered “6 (c)”.

Zone No 6 (d) (Proposed Recreation Reservation Zone)—shown with heavy black edging and lettered “6 (d)”.

Zone No 7 (a) (Environmental Protection Zone)—shown with heavy black edging and lettered “7 (a)”.

Zone No 7 (b) (Environmental Protection (Landscape Conservation) Zone)—shown with heavy black edging and lettered “7b”.

Zone No 8 (a) (Existing National Parks and Nature Reserves Zone)—shown with heavy black edging and lettered “8 (a)”.

Zone No 9 (a) (Proposed Arterial Road Zone)—shown with heavy black edging and lettered “9 (a)”.

Zone No 9 (b) (Proposed Local Road Zone)—shown with heavy black edging and lettered “9 (b)”.

Zone No 9 (c) (Reservation Special Uses (Parking etc Zone)—shown with heavy black edging and lettered “9 (c)”.

cl 8: Am 8.4.1994; 26.6.1998; 5.2.1999; 8.12.2000.

9 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which:

(a)  development may be carried out without development consent,

(b)  development may be carried out only with development consent, and

(c)  development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Except as otherwise provided by this plan, the council shall not grant consent to the carrying out of development on land to which this plan applies unless the council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a)   (Rural “A” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide suitable land for agricultural use,

(b)  to regulate the subdivision of rural land to ensure that actual or potentially productive land is not withdrawn from production and to prevent the fragmentation of viable rural holdings, particularly in those areas designated as having prime crop and pasture potential,

(c)  to ensure identified extractive resources and mineral deposits are not rendered sterile from incompatible land usage,

(d)  to enable mining and extractive industry to occur in an environmentally acceptable manner,

(e)  to ensure subdivision is designed to maximise the retention of natural vegetation and to minimise the potential for significant alterations to the natural landform by way of construction of access driveways, excavations, filling and the like,

(f)  to enable development for the purposes of tourism and recreation to occur in an environmentally acceptable manner,

(g)  to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires and flooding,

(h)  to recognise that rural localities cannot be economically provided with the level of services that apply in urban locations, and

(i)  to recognise the value of the rural scenic landscape to the local tourist economy and to protect these areas from small holding rural subdivision.

2 Without development consent

Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); dams; exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

Advertising structures; automotive businesses; boarding-houses; bulk stores; car repair stations; cluster housing; commercial premises; gas holders; generating works; industries (other than rural industries, local rural industries, extractive industries, offensive or hazardous industries or home industries); junk yards; liquid fuel depots; motor showrooms; recreation facilities; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport terminals; rural workers’ dwellings; sale of bulky goods; service stations; shops (other than general stores having a floor area no greater than 100 square metres); showrooms; transport terminals; warehouses.

Zone No 1 (b)   (Rural “B” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide suitable land for agricultural use,

(b)  to discourage ribbon development and inappropriate traffic generating development along main and arterial roads, and

(c)  to encourage development which is related to the agricultural use of land within the zone.

2 Without development consent

Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); dams; exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

Abattoirs; advertising structures; amusement parks; animal boarding establishments; automotive businesses; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; clubs; cluster housing; commercial gardens; commercial premises; drive-in theatres; gas holders; general stores; generating works; hotels; industries (other than rural, local rural or home industries); junk yards; liquid fuel depots; mines; motels; motor showrooms; recreation establishments; recreation facilities; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport depots or terminals; roadside stalls; rural workers’ dwellings; sale of bulky goods; sawmills; service stations; shops; showrooms; stock and sale yards; timber yards; tourist facilities; transport terminals; warehouses.

Zone No 1 (c)   (Rural (Smallholdings) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to accommodate demands for rural residential use, rural retreats and hobby farms and confine those forms of development generally to areas not being of prime crop and pasture potential or where existing services are available or may be reasonably extended,

(b)  to ensure development is carried out in a manner that minimises risks from natural hazards, particularly bushfires and flooding, and does not detract from the scenic quality of the rural area,

(c)  to provide for such community uses as are necessary to meet community needs in this zone,

(d)  to specify, by means of a development control plan, minimum allotment sizes for areas within the zone, and

(e)  to ensure that small holding zones are not sited in localities that have been identified for future residential expansion.

2 Without development consent

Agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); dams; exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

Abattoirs; advertising structures; amusement parks; boarding-houses; bulk stores; bus depots; bus stations; car repair stations; caravan parks; cluster housing; commercial gardens; commercial premises; gas holders; generating works; industries (other than home industries); junk yards; liquid fuel depots; mines; motor showrooms; recreation establishments; recreation facilities; refreshment rooms; residential flat buildings containing more than 2 dwellings (other than single storey units for aged persons); road transport depots or terminals; rural workers’ dwellings; sale of bulky goods; sawmills; service stations; shops; stock and sale yards; timber yards; transport terminals; warehouses.

Zone No 1 (f)   (Forest Zone)

1 Objectives of zone

The objective of this zone is to identify State forests.

2 Without development consent

Any purpose authorised under the Forestry Act 1916.

3 Only with development consent

Any purpose ordinarily incidental to a purpose authorised under the Forestry Act 1916.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 2 (a)   (Residential “A” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to maintain, and to provide for, areas with a low density residential character,

(b)  to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area or the amenity enjoyed by residents located within the area,

(c)  to specify, by means of a development control plan, minimum allotment sizes for specific areas within the zone, and

(d)  to set aside, by means of a development control plan, specific areas within the zone for motel development.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Advertising structures; bed and breakfast establishments; boarding-houses; child care centres; clubs; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; exhibition houses; general stores having a floor space no greater than 100 square metres; home industries; hospitals; motels; places of public worship; professional consulting rooms; stables; units not exceeding 2 storeys for aged persons; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 2 (a1)   (Residential “A1” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to retain and provide a low density residential character in environmentally sensitive localities, and

(b)  to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area or the amenity enjoyed by residents located within the area.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Bed and breakfast establishments; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; home industries; hospitals; places of public worship; stables; units not exceeding one storey for aged persons; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 2 (a2)   (Residential “A2” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and conserve rural villages with a predominantly small scale residential character and traditional form of subdivision layout, buildings, streets and landscape setting,

(b)  to ensure that any development will not have an adverse effect on the landscape or scenic quality of a small scale rural village,

(c)  to provide for a range of land use activities which are compatible with a small scale rural village,

(d)  to specify, by means of a development control plan, design guidelines for development including subdivision, built form and streetscape.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Bed and breakfast establishments; child care centres; cluster housing; community facilities; dog breeding establishments; dwelling-houses; educational establishments; exhibition gardens; general stores; home enterprises; home industries; hospitals; professional consulting rooms; places of public worship; refreshment rooms; stables; units not exceeding one storey for aged persons; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 2 (b)   (Residential “B” Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for a variety of medium density housing forms including detached housing, villas, town houses and flats,

(b)  to ensure that any development will not have an adverse effect on the landscape or scenic quality of the area,

(c)  to specify, by means of a development control plan, density and performance standards for residential flat buildings for areas within the zone, and

(d)  to set aside, by means of a development control plan, specific areas within the zone for motel development.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Advertising structures; bed and breakfast establishments; boarding houses; child care centres; clubs; cluster housing; community facilities; dwelling-houses; educational establishments; exhibition gardens; exhibition houses; general stores having a floor area no greater than 100 square metres; home industries; hospitals; motels; places of public worship; professional consulting rooms; residential flat buildings; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 2 (c)   (Village or Township Zone)

1 Objectives of zone

The objective of this zone is to identify land for a variety of urban purposes within small urban communities.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4; dwelling-houses.

4 Prohibited

Commercial gardens; extractive, offensive or hazardous industries; institutions; junk yards, within 90 metres of a main road; mines.

Zone No 3 (a)   (Business Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to recognise and maintain Bowral’s predominance as the prime business and retail centre for the Tablelands subregion,

(b)  to recognise and maintain the support functions performed by the smaller business centres in Mittagong and Moss Vale,

(c)  to identify a small business centre at East Bowral and within the villages of Bundanoon, Welby and Berrima,

(d)  to set aside, by means of a development control plan, specific areas within the zone for automotive, agricultural and building industry businesses, and

(e)  to identify, by means of a development control plan, performance standards for areas in the zone relating to such matters as floor space ratio, building height, car parking provision and the like.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Any purpose other than a purpose included in Item 2 or 4.

4 Prohibited

Bulk stores; bus depots; caravan parks; drive-in theatres; dwelling-houses or dwellings (other than those attached to or used in conjunction with a purpose included in Item 3); extractive industries; generating works; home industries; industries; junk yards; liquid fuel depots; mines; panel-beating and spraypainting; road transport depots or terminals; sale of bulky goods; sawmills; showrooms; stables; stock and saleyards; tourist facilities; transport terminals; units for aged persons; warehouses.

Zone No 3 (b)   (Business (Special) Zone)

1 Objectives of zone

The objective of this zone is to provide for a variety of land uses (not including retailing functions) that are better suited to the non-core areas of business centres due to their dependence on vehicular access, scale of development and need to occupy large site areas to accommodate on-site parking and other conveniences relating to those land uses.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Advertising structures; automotive businesses; builders’ supply yards; building products showrooms; commercial premises; hardware shops; motels; motor showrooms; places of public worship; plant nurseries; produce stores; real estate offices; recreation facilities (other than a billiard saloons and fun parlours); refreshment rooms; sale of bulky goods; showrooms; take-away food shops; tourist facilities.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 4 (a)   (Industrial Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to encourage the establishment of industries where a broad range of industrial purposes may be permitted, and

(b)  to permit associated commercial and retail development where it relates to the use of the land within the zone for industrial purposes.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Advertising structures; builders’ supply yards; building products showrooms; bus depots; car repair stations; drainage; dwellings used in conjunction with a purpose included in this Item; hardware shops; industries (other than offensive or hazardous industries); institutions; junk yards; liquid fuel depots; motor showrooms; panelbeating and spraypainting; places of public worship; printing works; produce stores; recreation areas; recreation facilities; retail plant nurseries; road transport depots or terminals; sale of bulky goods; service stations; shops referred to in Schedule 1; showrooms; transport terminals; utility installations; veterinary surgeons’ establishments; warehouses.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 4 (b)   (Light Industrial Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to provide for a variety of light industrial and a limited range of other activities, which are compatible with nearby residential development and which will not detrimentally affect the viability of any business centre, and

(b)  to provide for the retailing of bulky goods within light industrial areas, and

(c)  to permit ancillary commercial and retail development where it relates to the use of the land within the zone for light industrial purposes.

2 Without development consent

Exempt development as defined in clause 6A; recreation gardens.

3 Only with development consent

Advertising structures; automotive businesses (other than service stations); builders’ supply yards; building products showrooms; drainage; dwellings used in conjunction with another purpose included in this Item; hardware shops; light industries; milk bars and sandwich shops; produce stores; recreation facilities; retail plant nurseries; roads; sale of bulky goods; utility installations; veterinary surgeons’ establishments; warehouses.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 5 (a)   (Special Uses “A” Zone)

1 Objectives of zone

The objective of this zone is to make provision for the purposes of a variety of special uses identified on the map such as garbage depots, reservoirs, car parking etc and to make provision for any purposes ordinarily incidental or subsidiary to those uses.

2 Without development consent

Recreation gardens.

3 Only with development consent

The particular purpose indicated by black lettering on the map or purposes ordinarily incidental or subsidiary to that purpose; drainage; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 5 (b)   (Special Uses “B” (Railways) Zone)

1 Objectives of zone

The objective of this zone is to provide for any railway purpose or purpose ordinarily incidental or subsidiary to a railway purpose.

2 Without development consent

Recreation gardens.

3 Only with development consent

Railway purposes (including any purpose ordinarily incidental or subsidiary to those purposes); drainage; open space; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 5 (c)   (Special Uses “C” (Water Catchment) Zone)

1 Objectives of zone

The objective of this zone is to protect land which is designated as being part of a water catchment from incompatible land uses.

2 Without development consent

Dams; recreation gardens; water catchment.

3 Only with development consent

Agriculture (other than dog breeding or boarding, lot feeding of livestock, poultry farming and pig keeping); any purpose ordinarily incidental or subsidiary to water catchment; bed and breakfast establishments; drainage; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; extractive industries; forestry; mines; parks; playing fields; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (a)   (Open Space (Existing Recreation) Zone)

1 Objectives of zone

The objective of this zone is to provide land for public recreation purposes.

2 Without development consent

National parks; state recreation areas; recreation gardens; works for the purposes of landscaping, gardening or bush fire hazard reduction.

3 Only with development consent

Agriculture; camping grounds; caravan parks; children’s playgrounds; drainage; drill grounds; forestry; parks; public baths; public reserves; racecourses; recreation areas; refreshment rooms; roads; showgrounds; sportsgrounds; uses or buildings associated with those purposes which are under the care, control and management of the council; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (b)   (Open Space (Private Recreation) Zone)

1 Objectives of zone

The objective of this zone is to provide land for private recreation purposes (including clubs and commercial premises associated with the prime recreation purpose) and for private recreation areas (including areas containing recreational areas with leases on Crown land).

2 Without development consent

Recreation gardens.

3 Only with development consent

Bowling greens; camping grounds; caravan parks; drainage; golf courses; racecourses; recreation establishments; recreational facilities; refreshment rooms; showgrounds, sportsgrounds and training tracks (including clubs and commercial premises in connection with those purposes and dwelling-houses and residential buildings required for use or occupation by persons employed in connection with those purposes); utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (c)   (Open Space (Special Purposes) Zone)

1 Objectives of zone

The objective of this zone is to identify areas having special open space significance such as State forests and passive recreation areas.

2 Without development consent

Any purpose authorised under the Forestry Act 1916; recreation gardens.

3 Only with development consent

Agriculture; camping; caravan parks; drainage; extractive industries; forestry; mines; recreation; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 6 (d)   (Proposed Recreation Reservation Zone)

1 Objectives of zone

The objective of this zone is to identify land not in public ownership which is proposed to be acquired for the purposes of public open space.

2 Without development consent

Recreation gardens; works for the purposes of landscaping, gardening or bushfire hazard reduction.

3 Only with development consent

Buildings erected for the purposes of landscaping, gardening or bushfire hazard reduction; drainage; recreation areas; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 7 (a)   (Environmental Protection Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and protect wetland areas and foreshores possessing special aesthetic, ecological or conservation value, hill-lands, escarpments, river valleys, inland waterways, lakes and other landscape features of scenic significance, prominent escarpments which are intrinsic natural features of the landscape and water catchment areas of significance for local water storage purposes, and

(b)  to identify, by means of a development control plan, performance standards for the carrying out of development in the zone.

2 Without development consent

Recreation gardens.

3 Only with development consent

Agriculture and buildings relating to agriculture (other than dog breeding or boarding, lot feeding of livestock, pig keeping, poultry farming and goat farming); bed and breakfast establishments; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; home industries; local rural industries (subject to clause 16C); parks and reserves; refreshment rooms (in conjunction with wineries and subject to clause 16CB); roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 7 (b)   (Environmental Protection (Landscape Conservation) Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to identify and protect areas of particular scenic value and to ensure the preservation of their cultural, heritage, aesthetic and environmental significance,

(b)  to recognise the value of the rural scenic landscape to the local tourist economy,

(c)  to permit development and land use activities which are compatible with the heritage and scenic qualities of the key cultural landscape, and

(d)  to recognise the potential of coal and extractive resources on land within the zone, and to ensure that their winning takes place by means which are compatible with the heritage and scenic qualities of the key cultural landscape.

2 Without development consent

Agriculture (excluding dog breeding or boarding, lot feeding of livestock, pig keeping and poultry farming and, in the hydrological catchment, dairies and animal boarding and breeding establishments); recreation gardens.

3 Only with development consent

Bed and breakfast establishments; buildings relating to agriculture; dams, ponds and artificial waterbodies; dog breeding; dwelling-houses (other than rural workers’ dwellings); exhibition gardens; extractive industries; general stores; home industries; local rural industries; mining; plant nurseries; public buildings; refreshment rooms (in conjunction with wineries and subject to clause 16CB); roads; roadside stalls; stables; stock and saleyards; utility installations; veterinary hospitals.

4 Prohibited

Any purpose other than a purpose included in Item 2 or 2 or 3.

Zone No 8 (a)   (Existing National Parks and Nature Reserves Zone)

1 Objectives of zone

The objective of this zone is to identify national parks and nature reserves.

2 Without development consent

Any purpose authorised under the National Parks and Wildlife Act 1974.

3 Only with development consent

Utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (a)   (Proposed Arterial Road Zone)

1 Objectives of zone

The objective of this zone is to provide for the opening of new, and widening of existing, arterial roads as identified on the map.

2 Without development consent

Drainage; open space; roads; widening of existing roads.

3 Only with development consent

Utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (b)   (Proposed Local Road Zone)

1 Objectives of zone

The objective of this zone is to provide for the opening of new, and the widening of existing, local roads as identified on the map.

2 Without development consent

Drainage; open space; roads; widening of existing roads.

3 Only with development consent

Utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

Zone No 9 (c)   (Reservation Special Use (Parking etc Zone)

1 Objectives of zone

The objective of this zone is to provide for the reservation of land for special purposes.

2 Without development consent

Nil.

3 Only with development consent

The particular purpose indicated by black lettering on the map or purposes ordinarily incidental or subsidiary to that purpose; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 3.

cl 9, table: Am 14.12.1990; 8.4.1994; 26.9.1997; 19.12.1997; 26.6.1998; 5.2.1999; 11.2.2000; 14.7.2000; 25.8.2000; 8.9.2000; 8.12.2000; 16.2.2001; 18.5.2001; 8.2.2002; 19.4.2002; 2005 No 64, Sch 2.75 [1] [2]; 2006 (289), Sch 1.15 [3]; 2009 No 106, Sch 2.49.

Part 3 Special provisions relating to particular zones

Division 1 General

10 Subdivision

A person shall not subdivide land to which this plan applies except with the consent of the council.

11 Development that must be advertised

The provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of development for the purposes of a residential flat building, units for aged persons, a place of public worship, an educational establishment or a hospital in the same way as those provisions apply to and in respect of designated development.

Division 2 Development in rural and environmental protection zones

12 Subdivision of land within Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b)

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b).

(2)  The council may consent to the subdivision of land to which this clause applies only if each allotment of land to be created by the subdivision will have:

(a)  an area of not less than 40 hectares, and

(b)  where the allotment has a frontage to a main or arterial road, a frontage to that road of not less than 200 metres.

(3)    (Repealed)

cl 12: Am 8.4.1994. Subst 11.4.1997. Am 16.6.2000.

13 Dwelling-houses—Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b)

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 5 (c), 7 (a) or 7 (b).

(2)  In this clause:

concessional allotment means:

(a)  an allotment excised in accordance with clause 37 (5) of Bowral Local Environmental Plan No 1 as in force at any time before 12 January 1990, or

(b)  an allotment excised in accordance with clause 30 (3) or (4) of the Shire of Mittagong Planning Scheme Ordinance as in force prior to 23 February 1979, or an allotment excised in accordance with clause 29 (5) of that Ordinance on or after 23 February 1979, or

(c)  an allotment excised in accordance with clause 9 (5) of Wingecarribee Local Environmental Plan No 55 as in force at any time before 12 January 1990, or

(d)  an allotment excised in accordance with clause 11 (2) or (3) of Interim Development Order No 1—Shire of Wingecarribee as in force at any time before 12 January 1990, or

(e)  an allotment excised in accordance with clause 7 of Interim Development Order No 2—Shire of Wingecarribee as in force at any time before 12 January 1990, or

(f)  an allotment created in accordance with clause 12 (4) of this plan as in force at any time before the amendments made by Wingecarribee Local Environmental Plan 1989 (Amendment No 68).

existing parcel means the aggregation of all adjoining or adjacent land held in the same ownership:

(a)  at 8 October 1954, in the case of land to which the former Bowral Planning Scheme Ordinance applied, or

(b)  at 23 July 1965, in the case of land to which the former Burradoo and Environs Planning Scheme Ordinance applied, or

(c)  at 16 February 1968, in the case of land to which the former Shire of Mittagong Planning Scheme Ordinance applied, or

(d)  at 18 January 1963, in the case of land to which the former Interim Development Order No 1—Shire of Wingecarribee applied.

former planning instrument means:

(a)  in relation to land to which the former Bowral Planning Scheme Ordinance applied—the former Bowral Planning Scheme Ordinance, and

(b)  in relation to land to which the former Burradoo and Environs Planning Scheme Ordinance applied—the former Burradoo and Environs Planning Scheme Ordinance, and

(c)  in relation to land to which the former Bowral Local Environmental Plan No 1 applied—the former Bowral Local Environmental Plan No 1, and

(d)  in relation to land to which the former Shire of Mittagong Planning Scheme Ordinance applied—the former Shire of Mittagong Planning Scheme Ordinance, and

(e)  in relation to land to which the former Wingecarribee Local Environmental Plan No 55 applied—the former Wingecarribee Local Environmental Plan No 55, and

(f)  in relation to land to which the former Interim Development Order No 1—Shire of Wingecarribee applied—the former Interim Development Order No 1—Shire of Wingecarribee, and

(g)  in relation to land to which the former Interim Development Order No 2—Shire of Wingecarribee applied—the former Interim Development Order No 2—Shire of Wingecarribee.

(3)  A dwelling-house may, with the consent of the council, be erected on land to which this clause applies, but only if the land:

(a)  has an area of not less than 40 hectares, or

(b)  comprises the whole of an existing parcel, or

(c)  comprises the residue of an existing parcel, the area of which is less than 40 hectares and on which no dwelling-house is erected and is affected only by a subdivision made (whether before or after the appointed day) in accordance with a consent granted pursuant to a former planning instrument, or

(d)  is a concessional allotment, or

(e)  is an allotment created between 18 January 1963 and 10 April 1964 in pursuance of Interim Development Order No 1—Shire of Wingecarribee, or

(f)  is an allotment created for the purposes of a country dwelling between 10 April 1964 and 21 November 1975 in pursuance of Interim Development Order No 1—Shire of Wingecarribee or lawfully created for any other purpose between those dates provided that the allotment concerned is 10 hectares or more in area, or

(g)  is an allotment lawfully created in accordance with clause 30 (1) of the Shire of Mittagong Planning Scheme Ordinance as in force before 23 February 1979, or

(h)  is an allotment in respect of which the Minister made a determination pursuant to clause 29 of the Shire of Mittagong Planning Scheme Ordinance as in force before 23 February 1979.

(4)    (Repealed)

cl 13: Am 8.4.1994. Subst 11.4.1997. Am 25.8.2000.

13A Savings

This plan applies to a development application made before the commencement of Wingecarribee Local Environmental Plan 1989 (Amendment No 104) (which relates to the prohibition of development for the purpose of rural workers’ dwellings on land to which clause 13 applies) as if that plan had not been made.

cl 13A: Ins 25.8.2000.

14 Development on land which fronts a main or arterial road

A person shall not erect a building on land within Zone No 1 (a), 1 (b), 1 (c), 5 (c), 7 (a) or 7 (b) which fronts a main or arterial road:

(a)  for the purpose of a caravan park, if the building will be closer than 90 metres to the alignment of the road,

(b)  for the purpose of a hotel or motel, if the building will be closer than 45 metres to the alignment of the road,

(c)  for the purpose of a rural or extractive industry, if the building will be closer than 30 metres to the alignment of the road, or

(d)  for any purpose other than a caravan park, motel, hotel, rural or extractive industry, if the building will be closer than 20 metres to the alignment of the road.

cll 14–16: Am 8.4.1994.

15 Clearing and environmental protection

(1)  In this clause:

clearing means the removal of any existing natural vegetation from the land.

(2)  Land within Zone No 7 (a) or 7 (b) shall not be cleared for any purpose except with the consent of the council.

(3)  The council shall not grant consent to the clearing of the land referred to in subclause (2) unless it is satisfied that:

(a)  the clearing is essential for the reasonable economic use of the land or the provision of utility services,

(b)  the clearing is proposed to be carried out in a manner which minimises:

(i)  visual and scenic impact,

(ii)  the risk of soil erosion (including erosion by wind),

(iii)  the risk of water pollution, through increased siltation or otherwise, and

(iv)  the destruction of rare or important vegetation systems,

(c)  the clearing is essential to reduce the risk of bushfires,

(d)  in the case of vegetation systems referred to in paragraph (e), the system has become so degraded that its retention is not warranted,

(e)  appropriate measures are proposed to retain parts of existing vegetation systems or to landscape the site,

(f)  the clearing will not adversely affect wildlife and wildlife movement patterns, and

(g)  cleared material will be satisfactorily disposed of and in particular will not obstruct waterways.

cll 14–16: Am 8.4.1994.

16 Multiple occupancy

(1)  This clause applies to land within Zone No 1 (a) or 1 (b) other than land identified as being of prime crop and pasture potential for the purposes of Illawarra Regional Environmental Plan No 1.

(2)  Nothing in this plan prevents the erection, with the consent of the council, of more than one dwelling-house on an allotment, portion or parcel of land having an area of 40 hectares or greater if the dwelling-houses form part of a multiple occupancy development.

(3)  The council shall not grant consent to a multiple occupancy development referred to in subclause (2) unless it is satisfied that:

(a)  adequate access is available to the land,

(b)  adequate water supply is available to the dwelling-houses,

(c)  adequate provision will be made for septic and other waste disposal,

(d)  the development will not have an adverse effect on the quality of local water resources,

(e)  the development will not have an adverse effect on the present and potential agricultural use of the land and land adjoining that land,

(f)  the development will not have an adverse effect on the future expansion of residential or rural residential zones,

(g)  adequate consideration has been given to the visual impact of the development, particularly in relation to any expected loss of vegetation cover,

(h)  the land is not adversely affected by hazards such as bush fire, flooding and slip, and

(i)  the intensity of development, particularly in relation to the siting of buildings, will not have an adverse impact on the amenity of the locality.

cll 14–16: Am 8.4.1994.

16AA Commercial gardens within Zone No 1 (a)

(1)  This clause applies to land within Zone No 1 (a).

(2)  In determining an application for consent for the purpose of a commercial garden, the Council must take into account whether carrying out the development will adversely affect the quality of local waterways or wetlands and, in particular, whether adequate provision has been made:

(a)  for stormwater and floodwater runoff arising from the development to be disposed of without any risk of contamination to the local river system, and in such a way as to ensure that there is no overall adverse impact on water quality, and

(b)  for the development to be carried out in accordance with a soil, water and erosion management plan, and

(c)  for the establishment of a riparian buffer zone and vegetation belt located on the land in such a way as to assist in preventing nutrient runoff and water quality degradation, and

(d)  for the protection of groundwater in the locality from degradation and contamination in such a way as to ensure that there is no overall adverse impact on groundwater quality, and

(e)  for the commercial garden to be set back at least 150 metres from any watercourse.

(3)  In determining an application for consent to the carrying out of development for the purpose of a commercial garden the Council must take into account whether adequate provision has been made for:

(a)  all car and coach parking associated with the development, and

(b)  its operation between the hours of 8.00 am and 6.00 pm only, and

(c)  a limitation on the number of visitors to the commercial garden in consideration of the impact of the development on the amenity of the neighbourhood, and

(d)  the retention of existing, significant vegetation on the site.

(4)  Any off-site signage in relation to a commercial garden may be erected only with development consent granted in accordance with the Council’s Tourism Signage Policy (available for inspection at the office of the Council).

cl 16AA: Ins 19.12.1997. Am 16.2.2001.

16A Plant nurseries in Zone No 7 (b)

(1)  This clause applies to land within Zone No 7 (b).

(2)  The Council shall not grant consent to the use of or the development of land to which this clause applies for the purposes of a plant nursery unless:

(a)  the land comprises an allotment on which a dwelling-house may be erected in accordance with the provisions of clause 13, and

(b)  the plant nursery has a gross retail floor space component of not more than 80 square metres.

cll 16A: Ins 8.4.1994.

16B Development in Zone No 7 (b)

The Council shall not grant consent to an application to carry out development on land within Zone No 7 (b) unless it has taken into consideration the extent to which the carrying out of the proposed development will affect the heritage significance and visual quality of the land.

cll 16B: Ins 8.4.1994.

16C Local rural industries within Zone No 7 (a)

(1)  This clause applies to land within Zone No 7 (a).

(2)  The council shall not grant consent to an application to carry out a local rural industry on land within Zone No 7 (a) where such land is located within 150 metres of:

(a)  the Wingecarribee River and its tributaries,

(b)  the Nattai River and its tributaries,

(c)  Joadja Creek,

(d)  Wingecarribee Reservoir and swamp,

(e)  Fitzroy Falls Reservoir and canal, or

(f)  any other watercourse or waterbody classified as Class S, Class C or Class P waters by the Clean Waters Regulations 1972.

(3)  The Council shall not grant consent to an application to carry out a local rural industry on land within Zone No 7 (a) unless it has taken into consideration the extent to which the carrying out of the proposed local rural industry will affect the aesthetic, scenic, ecological or conservation value of the land.

cl 16C: Ins 4.7.1997. Subst 8.9.2000.

16CA Local rural industries—restrictions on development

(1)  This clause applies to land within Zone No 1 (a), 1 (b), 7 (a) or 7 (b).

(2)  The following requirements apply to development for the purpose of a local rural industry on land to which this clause applies:

(a)  buildings used for the purpose of the local rural industry are not to exceed a height of 6 metres above ground level measured to the underside of the eaves, and 8.5 metres when measured to the ridgeline of the roof; and other structures used for the purpose of the local rural industry are not to exceed an overall height of 8.5 metres above ground level, and

(b)  no single building or structure used for the purpose of the local rural industry is to occupy a ground level building footprint of more than 600 square metres. The building footprint excludes any area on which works or structures are carried out or constructed beneath the natural ground level, provided disturbance of the natural ground surface is kept to a minimum and there is no adverse visual or environmental impact,

(c)  the total area of all land occupied by the ground level building footprint of all buildings and other structures used for the purpose of the local rural industry, is not to exceed a total ground level footprint of 1000 square metres, excluding any area on which works or structures are carried out or constructed beneath the natural ground level,

(d)  all buildings used for the purpose of local rural industries are to be within building envelopes that are separated from each other by a distance of not more than 30 metres and not less than 5 metres,

(e)  no building or structure used for the purposes of the local rural industry is to be located closer than 50 metres from any public road,

(f)  noise arising from the operation of the local rural industry is not to exceed 5dB(A) above background noise levels at any time when measured at the boundary with any adjoining property or public road, and

(g)  access to the classified road network is to be constructed in accordance with the Roads and Traffic Authority’s requirements as detailed in the Guide to Traffic Generating Developments, Issue 2.1, dated July 1995.

(3)  The Council must not grant consent for the carrying out of development for the purpose of a local rural industry unless it is satisfied that:

(a)  no building or structure used for the purpose of the local rural industry will be constructed of highly reflective materials,

(b)  adequate provision has been made for the disposal of all effluent water and stormwater runoff arising from the local rural industry without any risk of contamination to any watercourse or groundwater supply and in such a way as to ensure that there is no overall adverse impact on water or groundwater quality, and

(c)  adequate provision has been made for the local rural industry to be carried out in accordance with a water cycle management plan incorporating provisions for the control of soil erosion, and

(d)  adequate provision has been made for the local rural industry to be separated from any watercourses or waterbodies located on the land or any adjoining land by the establishment of a vegetated riparian protection zone along the foreshores of such watercourses or waterbodies or on the land, in such a way as to assist in preventing water quality degradation and the protection of fish habitats (as set out in the Hawkesbury-Nepean River System Habitat Protection Plan No 3), and

(e)  vehicular access to the local rural industry will be provided onto the classified road network via a local road where available, and

(f)  all car parking and vehicular manoeuvring areas associated with the local rural industry will be located wholly upon the land and are constructed of materials that ensure all weather access can be made available at all times, and

(g)  the proposal will not significantly impact, compromise or degrade the ecological, Aboriginal heritage, wetland, conservation, landscape, cultural or catchment values of the locality.

cl 16CA: Ins 8.9.2000. Am 2005 No 64, Sch 2.75 [3].

16CB Refreshment rooms operated in conjunction with wineries within Zone No 1 (b), 7 (a) or 7 (b)

(1)  This clause applies to land within Zone No 1 (b), 7 (a) or 7 (b).

(2)  Despite any other provision of this plan, the Council may grant consent for the carrying out of development on the land to which this clause applies for the purpose of a refreshment room only if it is to be operated in conjunction with a winery on the same parcel of land, being a winery for which consent has been granted by the Council in accordance with clauses 16C and 16CA or for which consent has otherwise been granted by the Council before 31 August 2000.

(3)  The Council must not grant consent for the carrying out of development referred to in subclause (2) unless it is satisfied that adequate provision has been made for:

(a)  the refreshment room to operate at all times only in conjunction with the winery, and

(b)  the refreshment room to remain at all times ancillary to the winery in terms of the extent of activity, and

(c)  the disposal of all effluent water and stormwater runoff arising from the refreshment room without any risk of contamination to any watercourse or groundwater supply and in such a way as to ensure that there is a neutral or beneficial effect on surface water and groundwater quality, and

(d)  the operation of the refreshment room to be carried out in accordance with a water cycle management plan incorporating provisions for the control of soil erosion, and

(e)  the refreshment room to be separated from any watercourses or waterbodies located on the land or any adjoining land by the establishment of a vegetated riparian protection zone (planted with locally indigenous species) along the foreshores of those watercourses or waterbodies on the land, in such a way as to assist in preventing water quality degradation and to assist in the protection of fish habitats (as set out in the Hawkesbury-Nepean River System Habitat Protection Plan No 3), and

(f)  vehicular access to be provided to the refreshment room, being vehicular access that connects with the classified road network via a local road (where available) that has the capability to adequately accommodate such vehicular access, and

(g)  all car parking and vehicular manoeuvring areas associated with the refreshment room to be located wholly on the same parcel of land as the refreshment room and to be constructed of materials that ensure all weather access is available at all times, and

(h)  the proposal to not significantly impact, compromise or degrade the ecological, Aboriginal heritage, wetland, conservation, landscape, cultural or catchment values of the locality, and

(i)  restricting the hours of operation of the refreshment room so as to take account of neighbourhood amenity and the proximity and type of adjacent land uses, and

(j)  waste management, and

(k)  food hygiene.

(4)  The Council must not grant consent for the carrying out of development referred to in subclause (2) unless the refreshment room:

(a)  has a total floor area of not more than 250 square metres, and

(b)  has a floor area less than that of the winery building or complex on the same land, and

(c)  does not exceed the height of the winery on the same land, and

(d)  does not generate noise at a level greater than 5 dB(A) above existing ambient noise levels at the boundary of the land on which it is located.

cl 16CB: Ins 8.2.2002.

16D Planned forestry within Zone No 7 (b)

(1)  This clause applies to land within Zone No 7 (b).

(2)  Notwithstanding any other provision in this plan, the Council may grant consent for the carrying out of development on the land to which this clause applies for the purpose of planned forestry.

(3)  In considering an application for consent to development for the purpose of planned forestry, the Council must take into account whether adequate provision has been made (where relevant to the proposed development):

(a)  for stormwater and floodwater run off arising from the proposed development to be disposed of without any risk of contamination to the local river system, and in such a way as to ensure that there will be 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 establishment of a vegetated riparian protection zone at least 30 metres wide along the foreshores of all water courses and wetlands on or adjoining the land, within which no forestry activities or improvements, such as harvesting or access roads, trails and the like, will be carried out, so as to prevent nutrient run off and water quality degradation, and

(d)  for the protection of ground water in the area from degradation and contamination in such a way as to ensure that there will be no overall adverse impact on ground water quality, and

(e)  for compliance with any relevant codes of forest and logging practices prepared under the Forestry Act 1916 or the regulations under that Act, and the Standard Erosion Mitigation Guidelines for Logging in New South Wales prepared by the former Department of Conservation and Land Management in March 1993 and available for inspection at the offices of the Council, and

(f)  for conservation of the cultural, heritage, aesthetic and environmental significance of the landscape.

(4)  In this clause:

planned forestry means the planting of trees on previously cleared land, specifically for harvesting at a later date, the maintenance and harvesting of such trees, and the establishment of any associated forest access roads and trails, riparian protection zones, or like ancillary infrastructure servicing the development, undertaken in accordance with a forest plan of management approved by the Council, and includes the rehabilitation of the land on which any such harvesting occurs.

cl 16D: Ins 7.5.1999.

Division 3 Development in residential zones

17 Subdivision of land within Zones Nos 2 (a1), 2 (a2), 2 (b) and 2 (c)

(1)  This clause applies to land within Zone No 2 (a1), 2 (a2), 2 (b) or 2 (c).

(2)  Land within a zone specified in paragraph (a), (b), (c) or (d) shall not be subdivided unless each separate allotment created has an area of at least the area specified in that paragraph:

(a)  Zone No 2 (a1)—4,000 square metres,

(b)  Zone No 2 (a2)—2,000 square metres,

(c)  Zone No 2 (b)—700 square metres,

(d)  Zone No 2 (c)—1,000 square metres.

cl 17: Subst 8.12.2000.

17A Subdivision of land within Zone No 2 (a2)

(1)  This clause applies to land within Zone No 2 (a2).

(2)  The Council shall not grant consent to the subdivision of land to which this clause applies unless it has made an assessment of the physical capability of the land to accommodate urban residential development in accordance with the guidelines specified in Section 4 of the publication entitled Environment & Health Guidelines: On-site Sewage Management for Single Households (January 1998), available from the Department of Local Government.

(3)  The Council shall not grant consent to the subdivision of land to which this clause applies unless the Council is satisfied that adequate provision has been made for:

(a)  the disposal of effluent from any future residential dwellings to be located on the newly created allotments, so as to ensure that all such effluent can be successfully disposed of within the boundaries of each of the allotments, and

(b)  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 watercourse, and

(c)  the retention of any significant vegetation, and

(d)  the subdivision works to be carried out in accordance with a soil and water management plan approved by the Council, and

(e)  road and driveway access to dwelling-houses to be constructed in such a way so as to minimise any disturbance to the existing landform and so as not to increase the potential for erosion.

cl 17A: Ins 8.12.2000. Am 2005 No 64, Sch 2.75 [4].

17AA Dwelling-houses in Zone No 2 (a2)

(1)  This clause applies to land within Zone No 2 (a2).

(2)  A dwelling-house must not be erected on an allotment of land to which this clause applies with an area of less than 2,000 square metres unless the Council is satisfied that adequate provision has been made for the disposal of effluent, so as to ensure that all effluent can be successfully disposed of within the boundaries of the allotment without risk of environmental damage to any watercourse or ground water in the locality.

cl 17AA: Ins 8.12.2000.

17B Subdivision of land within Zone No 2 (a2) at Robertson

(1)  This clause applies to land within Zone No 2 (a2) at Robertson, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 106)”.

(2)  Notwithstanding clause 17 (2), the Council shall not consent to a subdivision of land shown cross hatched and edged heavy black on the map referred to in subclause (1) which will result in the creation of allotments with an area of less than 4,000 square metres.

(3)  Notwithstanding any other provisions of this plan, subdivision of land zoned Residential 2 (a2) in the vicinity of Fountaindale Road, Mackeys Lane, Vaughan Avenue and Lawn Avenue as shown on Sheet 2 of the map referred to in subclause (1) is prohibited.

cl 17B: Ins 5.3.1999. Subst 16.2.2001 (see also 23.2.2001).

18 Cluster housing

(1)  This clause applies to land within Zone No 2 (a), 2 (a1), 2 (a2), 2 (b) or 2 (c).

(2)  A person shall not erect a dwelling-house which forms part of a cluster except with the consent of the council.

(3)  Nothing in this plan prevents the erection, with the consent of the council, of more than one dwelling-house on an allotment, portion or parcel of land if the dwelling-houses form part of a cluster.

(4)  For the purposes of this clause, dwelling-houses form part of a cluster if:

(a)  access from a public road to the dwelling-houses is from or by way of a single drive, crossing or road, which each occupier of a dwelling-house has a right to use, or

(b)  rights to use and enjoy land in or in the vicinity of the curtilage of the dwelling-houses is common to all the occupiers of the dwelling-houses.

cl 18: Am 8.12.2000.

18A Land within Zone No 2 (a1) west of Cumbertine Street, Hilltop

(1)  This clause applies to all land within Zone No 2 (a1) west of Cumbertine Street, Hilltop, shown edged in heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 6)”.

(2)  Notwithstanding any other provisions of this plan, a person must not erect a dwelling-house on land to which this clause applies except with the consent of the Council.

(3)  The Council may consent to the erection of a dwelling-house on land to which this clause applies only if:

(a)  the allotment on which the dwelling-house is proposed to be erected has an area of not less than 4,000 square metres, and

(b)  the Council is satisfied that the land is suitable for such a purpose having regard to:

(i)  the availability of vehicular access to the land,

(ii)  the availability of public utility services to the land, and

(iii)  the physical, geotechnical, drainage, flooding and bushfire risk characteristics of the land.

cl 18A: Ins 12.10.1990.

Division 4 Development in industrial zones

19 Minimum size of allotments within Zone No 4 (a)

A person shall not erect or use a building on an allotment of land for the purpose of an industry or use an allotment of land for that purpose within Zone No 4 (a), unless the allotment has an area of not less than 1,000 square metres and an average width of not less than 20 metres.

20 Buildings within Zone No 4 (a) or 4 (b)

(1)  This clause applies to land within Zone No 4 (a) or 4 (b).

(2)  A person shall not erect a building on land within Zone No 4 (a) or 4 (b):

(a)  within a distance of 20 metres from an existing or proposed alignment of an arterial or a main road, or

(b)  within a distance of 10 metres from an existing or proposed alignment of a road other than an arterial or main road.

cll 20: Am 26.6.1998.

21 Retail sale of bulky goods—Zone No 4 (a) or 4 (b)

(1)  This clause applies to land within Zone No 4 (a) or 4 (b).

(2)  In this clause, bulky goods means large goods which are, in the opinion of council, of such a size and shape as to require:

(a)  a large area for handling, storage or display, and

(b)  easy and direct vehicular access to enable the goods to be collected by customers after sale.

(3)  Subject to subclause (4), nothing in this plan shall prevent a person, with the consent of the council, from carrying out development on land to which this clause applies for the purpose of shops (other than food or clothing shops) for the retail sale of bulky goods.

(4)  The council shall not consent to an application made under subclause (3) unless it is satisfied that:

(a)  suitable land for the development is not available in any nearby business centre,

(b)  to grant consent would not, by reason of the number of retail outlets which exist or are proposed to be permitted on land to which this clause applies, change the predominantly industrial nature of development within the zone, and

(c)  the proposed development will not detrimentally affect the viability of any business centre.

cll 21: Am 26.6.1998.

Division 5 Development in open space zones

22 Restriction on development—Zone No 6 (a) 6 (d)

The council shall not consent to the carrying out of development on land within Zone No 6 (a) 6 (d), being land owned or controlled by the council, unless consideration has been given to:

(a)  the need for the proposed development on that land,

(b)  the impact of the proposed development on the existing or likely future use of the land, and

(c)  the need to retain the land for its existing or likely future use.

cl 22: Am 8.4.1994.

22A Community facilities in open space zones

(1)  This clause applies to land within Zone No 6 (a) or 6 (d).

(2)  Notwithstanding any other provision of this plan, the Council may consent to the carrying out of development of the land to which this clause applies for the purposes of community facilities (including the use of any buildings on the land for the purposes of community facilities).

(3)  In granting consent as referred to in subclause (2), the Council shall consider the extent to which the proposed development will affect the use or potential use of the land for recreational purposes.

cl 22A: Ins 8.4.1994.

Part 4 Special provisions relating to the whole of the Shire

23 Replacement of existing dwelling-houses

A dwelling-house may, with the consent of the council, be erected on an allotment of land on which another dwelling-house is erected if the firstmentioned dwelling-house is intended to wholly replace the secondmentioned dwelling-house.

24 Dwelling-houses—dual occupancy

(1)  Subject to subclauses (2)–(7), a person may, with the consent of the council:

(a)  alter or add to a dwelling-house so as to create 2 dwellings on land within Zone No 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b), 2 (c), 5 (c), 7 (a) or 7 (b), or

(b)  erect a second dwelling-house on an allotment of land within Zone No 2 (a), 2 (a1), 2 (a2), 2 (b) or 2 (c).

(2)  The council shall not grant consent to an addition to a dwelling-house under subclause (1) unless the additional dwelling to be created will have a floor area not exceeding:

(a)  60 square metres, where the land has an area of less than 1,000 square metres, or

(b)  90 square metres, where the land has an area of 1,000 square metres or greater.

(3)  The council shall not grant consent to the erection of a second dwelling-house under subclause (1):

(a)  where the second dwelling-house is to be erected on an allotment of land which has an area of less than 4,000 square metres,

(b)  where the gross floor area of the second dwelling exceeds the gross floor area of the first dwelling by greater than 50 per cent,

(c)  unless the design of the building and its colour, texture, style and type of material finish is compatible with that of the first dwelling, or

(d)  unless adequate separation has been provided between the 2 dwellings so as to maintain privacy.

(4)  The council shall not grant consent pursuant to subclause (1) unless arrangements satisfactory to the council have been made for the provision of a water supply and for the disposal of sewage and stormwater drainage from the land.

(5)  The provisions of this plan relating to residential flat buildings do not apply to a dwelling-house altered or added to, or proposed to be altered or added to, in accordance with this clause.

(6)  Where, in accordance with this clause, a dwelling-house is altered or added to so as to create 2 dwellings, or where a second dwelling-house is placed on an allotment of land, the separate occupation of the several lots illustrated by a proposed strata plan relating to those dwellings is prohibited.

(7)  For the purpose of enabling development to be carried out in accordance with this clause or in accordance with a consent granted under the Act, in relation to development carried out in accordance with this clause, any agreement, covenant or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development.

cl 24: Am 8.4.1994; 8.12.2000.

24A Exhibition gardens—restrictions

(1)  In determining an application for consent to the carrying out of development for the purpose of an exhibition garden the Council must take into account whether adequate provision has been made for:

(a)  all car and coach parking associated with the development, and

(b)  its operation between the hours of 8.00 am and 6.00 pm only, and

(c)  a limitation on the number of visitors to the exhibition garden in consideration of the impact of the development on the amenity of the neighbourhood, and

(d)  the capture and the treatment or reuse (or both) of all effluent water and stormwater runoff without any risk of contamination to any watercourse or ground water resource and in such a way as to ensure that there is no overall adverse impact on the quality of surface water or ground water, and

(e)  in the case of an exhibition garden on land zoned, or partly zoned, 1 (a), 1 (b), 1 (c), 5 (c), 7 (a) or 7 (b), the retention of existing, significant vegetation on that land.

(2)  Consent must not be granted for the carrying out of development for the purpose of an exhibition garden unless the Council places a condition on the consent that prohibits making available:

(a)  any foodstuffs (whether for sale or free of charge), and

(b)  any beverages for sale, and

(c)  in the case of an exhibition garden on land zoned 5 (c), any beverages free of charge,

in connection with a public inspection of the exhibition garden, from the site of the exhibition garden or its associated dwelling-house.

(3)  Any off-site signage in relation to an exhibition garden may be erected only with development consent granted in accordance with the Council’s Tourism Signage Policy (available for inspection at the office of the Council).

cll 24A: Ins 16.2.2001.

24B Recreation gardens—restrictions

(1)  This clause applies to all land where development for the purpose of a recreation garden may be carried out.

(2)  Despite any other provision of this plan, a person may only operate a recreation garden if:

(a)  adequate and safe arrangements are in place to accommodate:

(i)  vehicular access to and from the recreation garden or associated dwelling-house, and

(ii)  vehicular parking associated with the recreation garden, and

(b)  activity associated with the recreation garden does not significantly interfere with the amenity of the neighbourhood by reason of the emission of noise, smoke, fumes or otherwise, and

(c)  no foodstuffs are made available for sale or free of charge, and no beverages are made available for sale or, in the case of a recreation garden on land zoned 5 (c), free of charge, at the site of the recreation garden or its associated dwelling-house in connection with a public inspection of the recreation garden, and

(d)  in the case of a recreation garden in connection with the operation of which beverages are to be made available (in accordance with paragraph (c)), public amenities are provided that:

(i)  adequately satisfy the needs of visitors to the recreation garden, and

(ii)  pose no risk of contamination to any watercourse or groundwater resource, and

(e)  the recreation garden is open for public inspection between the hours of 8.00 am and 6.00 pm only.

cll 24B: Ins 16.2.2001.

25 Bed and breakfast establishments

A person may carry out development on land within Zone No 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b), 2 (c), 5 (c), 7 (a) or 7 (b) for the purposes of a bed and breakfast establishment, but only if:

(a)  in the opinion of the council, the premises would, if they were boarding-houses, be licensed by the council as a boarding-house under Ordinance 42 of the Local Government Act,

(b)  provision is made on the land for a number of vehicular parking spaces equal to the sum of:

(i)  1 space for each 2 travellers to be accommodated in the establishment, and

(ii)  1 space for the occupant of the dwelling-house, and

(c)  the advertising structures to be placed on the land indicating the purpose for which the premises on the land are to be used:

(i)  are limited in number to one, and

(ii)  do not contain a sign which has a maximum total area greater than 1 square metre.

cl 25: Am 8.4.1994; 11.2.2000; 8.12.2000.

26 Height of buildings

(1)  This clause does not apply to residential flat buildings.

(2)  A person shall not erect a building having more than 2 storeys above ground level except with the consent of the council.

27 Protection of heritage items, heritage conservation areas and relics

(1) Where is consent required? The following development may be carried out only with development consent:

(a)  demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

(c)  altering a heritage item by making structural changes to its interior,

(d)  disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(e)  moving the whole or part of a heritage item,

(f)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

Note—

Provisions relating to the conservation of the Joadja site are included in Part 5.

(2) What exceptions are there? Development consent is not required by this clause if:

(a)  in the opinion of the consent authority:

(i)  the proposed development is of a minor nature or consists of maintenance of the heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii)  the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, and

(b)  the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this subclause and that development consent is not otherwise required by this plan.

(3)  Development consent is not required by this clause for the following development in a cemetery or a burial ground if there will be no disturbance of human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance:

(a)  the creation of a new grave or monument,

(b)  an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.

(4) What must be included in assessing a development application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

Note—

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

(5) What extra documentation is needed? The assessment must include consideration of a heritage impact statement that addresses at least the following issues (but is not to be limited to assessment of those issues, if the heritage significance concerned involves other issues). The consent authority may also decline to grant such a consent until it has considered a conservation management plan, if it considers that a development proposed should be assessed with regard to such a plan.

(6)  The minimum number of issues that must be addressed by the heritage impact statement are:

(a)  for development that would affect a heritage item:

(i)  the heritage significance of the item as part of the environmental heritage of Wingecarribee, and

(ii)  the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or horticultural features, and

(iii)  the measures proposed to conserve the heritage significance of the item and its setting, and

(iv)  whether any archaeological site or potential archaeological site would be adversely affected by the proposed development, and

(v)  the extent to which the carrying out of the proposed development would affect the form of any historic subdivision, and

(b)  for development that would be carried out in a heritage conservation area:

(i)  the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, and

(ii)  the impact that the proposed development would have on the heritage significance of the heritage conservation area, and

(iii)  the compatibility of any proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, and

(iv)  the measures proposed to conserve the significance of the heritage conservation area and its setting, and

(v)  whether any landscape or horticultural features would be affected by the proposed development, and

(vi)  whether any archaeological site or potential archaeological site would be affected by the proposed development, and

(vii)  the extent to which the carrying out of the proposed development in accordance with the consent would have any effect on the historic subdivision pattern, and

(viii)  issues raised by any submission received in relation to the proposed development in response to the notification or advertising of the application.

cl 27: Am 27.11.1998. Subst 26.11.2004. Am 2008 (571), Sch 3.191 [1].

28 Advertised development

The following development is identified as advertised development:

(a)  the demolition of a heritage item or a building, work, tree or place in a heritage conservation area,

(b)  the carrying out of any development allowed by clause 31B (conservation incentives).

cl 28: Subst 26.11.2004.

29 (Repealed)

cl 29: Subst 26.11.2004. Rep 2008 (571), Sch 3.191 [2].

30 Development affecting places or sites of known or potential Aboriginal heritage significance

Before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site, and

(b)  except where the proposed development is integrated development, notify the local Aboriginal communities (in such a way as it thinks appropriate) of its intention to do so and take into consideration any comments received in response within 21 days after the relevant notice is sent.

cl 30: Subst 26.11.2004. Am 2008 (571), Sch 3.191 [3] [4].

31 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance

(1)  Before granting consent for development that will be carried out on an archaeological site or a potential archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must:

(a)  consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b)  be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2)  This clause does not apply if the proposed development:

(a)  does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b)  is integrated development.

cl 31: Subst 26.11.2004. Am 2008 (571), Sch 3.191 [5].

31A Development in the vicinity of a heritage item

(1)  Before granting consent to development in the vicinity of a heritage item, the consent authority must assess the impact of the proposed development on the heritage significance of the heritage item and of any heritage conservation area within which it is situated.

(2)  This clause extends to development:

(a)  that may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or

(b)  that may undermine or cause physical damage to a heritage item, or

(c)  that will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated.

(3)  The consent authority may refuse to grant any such consent unless it has considered a heritage impact statement that will help it assess the impact of the proposed development on the heritage significance, visual curtilage and setting of the heritage item.

(4)  The heritage impact statement should include details of the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item.

cll 31A–31D: Ins 26.11.2004.

31B Conservation incentives

The consent authority may grant consent to the use for any purpose of a building that is a heritage item, or of the land on which such a building is erected, even though the use would otherwise not be allowed by this plan, if:

(a)  it is satisfied that the retention of the heritage item depends on the granting of consent, and

(b)  the proposed use is in accordance with a conservation management plan which has been endorsed by the consent authority, and

(c)  the granting of consent to the proposed use would ensure that all necessary conservation work identified in the conservation management plan is carried out, and

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

(e)  the proposed use would not adversely affect the amenity of the surrounding area otherwise than to an insignificant extent.

cll 31A–31D: Ins 26.11.2004.

31C Development in heritage conservation areas

(1)  Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area.

(2)  In satisfying itself about those features, the consent authority must have regard to at least the following (but is not to be limited to having regard to those features):

(a)  the pitch and the form of the roof (if any),

(b)  the style, size, proportion and position of the openings for windows and doors (if any),

(c)  the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

cll 31A–31D: Ins 26.11.2004.

31D Bowral Landscape Conservation Area

A person must not carry out any development for the purposes of a hotel, motel or tourist facility on land shown distinctively edged with a heavy broken black line and designated “Bowral Landscape Conservation Area” on the map.

cll 31A–31D: Ins 26.11.2004.

32 Acquisition and development of land within Zone No 6 (d), 9 (a) or 9 (b)

Note—

Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act.

(1)  The owner of land within Zone No 6 (d), 9 (a) or 9 (b) may, by notice in writing, require:

(a)  in the case of land within Zone No 6 (d) or 9 (b)—the council, or

(b)  in the case of land within Zone No 9 (a)—the Roads and Traffic Authority,

to acquire the land.

(2)  On receipt of a notice referred to in subclause (1) relating to land within Zone No 6 (d) or 9 (b), the council shall acquire the land.

(3)  On receipt of a notice referred to in subclause (1) relating to land within Zone No 9 (a), the Roads and Traffic Authority must acquire the land if:

(a)  the land is vacant, or

(b)  the land is not vacant but:

(i)  the land is included in a 5 year works program of the Authority or such other works program of the Authority as has been publicly notified by the Authority, or

(ii)  the Authority has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(iii)  the Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the Authority is not required to acquire the land if it might reasonably be required to be dedicated under section 94 of the Act as a condition of consent to a development application.

(4)  A person may, with the consent of the council, carry out development on land within Zone No 9 (a), not being land that is included in a works program referred to in subclause (3) (b) (i) for a purpose for which development may be carried out on land in an adjoining zone.

(5)    (Repealed)

(6)  Land acquired under this clause may be developed, with the consent of the council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7)  In this clause:

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings, other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.

cl 32: Am 2005 No 64, Sch 2.75 [5]; 2008 (571), Sch 3.191 [6]–[9].

33 Community use and other use of certain sites

(1)  This clause does not apply to land zoned 6 (a) (Open Space (Existing Recreation) Zone) or 8 (a) (Existing National Parks and Nature Reserves Zone).

(2)  Where land to which this plan applies is owned by the State government or a council and is not used for the purposes of a school, college or other educational establishment, the land may, with the consent of the council:

(a)  be used by a non-profit community organisation for a community use for no more than 12 days in any calendar year, or

(b)  be used for a commercial operation for no more than one day in any calendar year.

(3)  Where land to which this plan applies is used for the purposes of a school, college or other educational establishment, the land may, with the consent of the council:

(a)  be used for a community use, or

(b)  be used for a commercial operation, or

(c)  be developed for any community purpose, whether or not the development is ancillary to the purposes of a school, college or other educational establishment.

(4)  The council must not grant consent to development under this clause unless the council is satisfied:

(a)  that there is an on-site effluent management system that has sufficient capacity to cater for peak loads generated by the development and that the system will operate effectively, and

(b)  that stormwater run-off from the site will be appropriately collected and treated.

(5)  This clause applies despite any other provision of this plan.

cl 33: Subst 11.7.2003.

34 Potentially flood affected land

(1)  In this clause, land potentially affected by flooding means land that the Council considers is subject to a one percent probability flood event.

(2)  For the purposes of this clause, a one percent probability flood event means the flood resulting from rainfall falling on a catchment equal to the 1 in 100 year Design Rainfall as derived from Australian Rainfall and Runoff, revised edition 1987, published by The Institution of Engineers, Australia.

(3)  The Council may consent to the carrying out of development on land potentially affected by flooding only after it has made an assessment of:

(a)  the extent and nature of the flood characteristics of the land,

(b)  the likely effect that the development will have on flood behaviour, including the flood peak at any point upstream or downstream of the site of the proposed development and the flow distribution of floodwater over adjoining land,

(c)  the risk of increase of the flood hazard or flood damage to any property that may arise from the proposed development,

(d)  the impact of the proposed development in terms of erosion, siltation and riverbank stability,

(e)  the structural sufficiency of any building the subject of the application for consent and its ability to withstand flooding,

(f)  the effect of the proposed development on the water table in the locality,

(g)  whether or not vehicular and pedestrian access to the site will be possible during a flood up to the level of a one percent probability flood event, and whether at least pedestrian access will be available to the site during a flood that exceeds the level of a one percent probability flood event,

(h)  whether the proposed development is likely to increase demand for assistance from emergency services during a flood,

(i)  the safety of buildings or works that will result from carrying out the proposed development and any of their occupants in time of flood, including matters relating to safe evacuation,

(j)  the effect of the proposed development on the capacity of floodways, as defined in the Council’s Floodplain Management Policy,

(k)  the provisions of the Council’s Floodplain Management Policy that relate to the proposed development,

(l)  the impact of flooding on on-site effluent disposal areas, wherever relevant, and

(m)  the likelihood of any conflict with a water supply system including inter-basin transfers.

(4)  The Council may decline to grant such a consent until it has considered such relevant information, data and reports as the Council considers necessary.

(5)  When granting an application for consent required by this clause, the Council may impose conditions that require filling, structural changes or additions or such other flood proofing measures to reduce the effects of flooding or to assist in emergency situations as are appropriate.

(6)  The Council must make copies of the Council’s Floodplain Management Policy available for inspection at the office of the Council during its office hours.

cl 34: Subst 7.2.1997.

34A Development for public purposes

Despite any other provision of this plan, development by or for the Council on land owned or controlled by the Council for the following purposes is development that does not need consent:

(a)  Bridges, staircases in public parks and recreation spaces with a maximum span of 5 metres.

(b)  Goal posts, sight screens and similar ancillary sporting structures on existing sporting or playing fields for use in sporting events (excluding grandstands, dressing sheds and other structures).

(c)  Park or street furniture, seats, bins, picnic tables, minor shelters.

(d)  Playground equipment on land classified as ‘community’.

(e)  Street signs comprising name plates, directional signs and advance traffic warning signs.

(f)  Chainwire fences around Council owned compounds and depots.

All such development to be in accordance with the Building Code of Australia and technical standards prescribed by law.

Note—

Environmental Assessment under Part 5 of the Act is applicable to development under this clause.

cl 34A: Ins 14.7.2000.

35 (Repealed)

cl 35: Rep 2008 (571), Sch 3.191 [10].

36 Provision of services

The council shall not consent to the carrying out of any development on an allotment of land if, as a result of the carrying out of that development, it will be necessary to provide potable water or sewerage and drainage facilities to the allotment unless it is satisfied that adequate arrangements have been made for the provision of that water or those facilities.

36A Infrastructure development

(1)  This clause applies to all land under this plan, except for land within Zone No 8 (a).

(2)  Despite any other provision of this plan, the council may consent to the carrying out of development on the land to which this clause applies for the purpose of infrastructure, whether for private or public use.

(3)  In this clause:

infrastructure means the means through which the following services are provided: transport (including, but not limited to, road, rail, aviation or aerial, pedestrian, equine and cycle); bushfire hazard reduction; telecommunications; supply of water, hydraulic power, electricity or gas; sewerage or drainage; flood mitigation works.

cl 36A: Ins 18.7.2003.

37 Junk yards

A junk yard shall not be established on any allotment of land within 90 metres of any main road.

38 Advertising structures

(1)  A person may, with the consent of the council, erect an advertising structure, but only if:

(a)  the advertisement on or to be placed on the structure indicates or is to indicate the purpose for which the premises on the land are to be used, and

(b)  the advertising structure will not interfere with the amenity of the area in which it will be located.

(2)  A person must not use any public land or a public road for the purpose of parking a vehicle or trailer that includes or carries an advertising structure that is extraneous to the vehicle, that is, a structure that is not a standard fitting on a vehicle or trailer of that kind and that protrudes or extends beyond the ordinary shape of the vehicle or trailer.

cl 38: Subst 11.7.2003.

38AA Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 9 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Part 1 of Schedule 9:

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

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

(3)  Land described in Columns 1 and 2 of Part 2 of Schedule 9, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those specified opposite the land in Column 3 of Part 2 of Schedule 9.

(4)  In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 9, means the local environmental plan cited at the end of the description of the land.

(5)  Before the relevant amending plan inserted the description of land into Part 2 of Schedule 9, the Governor approved of subclause (3) applying to the land.

cl 38AA: Ins 18.5.2001.

Part 5 Special provisions relating to development of specified land

Division 1 Joadja site

pt 5, div 1: Ins 5.2.1993.

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.

cll 38A–38E: Ins 5.2.1993.

38B Definitions

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.

cll 38A–38E: Ins 5.2.1993.

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.

cll 38A–38E: Ins 5.2.1993.

38D Subdivision

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.

cll 38A–38E: Ins 5.2.1993.

38E Dwelling-houses

(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).

cll 38A–38E: Ins 5.2.1993.

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)

cl 38F: Ins 5.2.1993. Am 2008 (571), Sch 3.191 [11] [12].

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)

cl 38G: Ins 5.2.1993. Am 2005 No 64, Sch 2.75 [6]; 2008 (571), Sch 3.191 [13]–[16].

38H Clearing

(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.

cl 38H: Ins 5.2.1993.

Division 1A Renwick site

pt 5, div 1A (cll 38I–38L): Ins 2007 (353), Sch 1 [3].

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.

pt 5, div 1A (cll 38I–38L): Ins 2007 (353), Sch 1 [3].

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).

pt 5, div 1A (cll 38I–38L): Ins 2007 (353), Sch 1 [3].

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.

pt 5, div 1A (cll 38I–38L): Ins 2007 (353), Sch 1 [3].

38L Neighbourhood place

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.

pt 5, div 1A (cll 38I–38L): Ins 2007 (353), Sch 1 [3].

Division 2 Other land

pt 5, div 2, hdg: Ins 5.2.1993.

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)

cl 39: Am 2008 (571), Sch 3.191 [17].

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.

cl 40A: Ins 11.1.1991. Am 4.7.1997.

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.

cl 41A: Ins 26.6.1998. Am 2008 (571), Sch 3.191 [18].

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.

cl 43: Subst 2006 (289), Sch 1.15 [4].

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).

cl 47A: Ins 25.10.1991.

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.

cl 47B: Ins 20.5.1994.

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.

cl 48: Am 2008 (571), Sch 3.191 [19]–[21].

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.

cl 48A: Ins 16.5.1997. Am 2008 (571), Sch 3.191 [22] [23].

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.

cl 49: Ins 31.8.1990.

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).

cl 50 (previously cl 49): Ins 20.4.1990. Renumbered 5.2.1993.

51 Landfill

(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.

cl 51: Ins 8.4.1994.

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.

cll 51A: Ins 26.9.1997.

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).

cll 51B: Ins 26.9.1997.

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.

cl 52: Ins 20.12.1996.

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.

cl 54: Ins 20.9.1996.

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.

cl 54A: Ins 27.6.1997.

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.

cll 55: Ins 24.4.1997.

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.

cll 56: Ins 24.4.1997.

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.

cl 57: Ins 24.10.1997.

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.

cl 58: Ins 29.5.1998.

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.

cl 58A: Ins 7.2.2003.

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.

cl 59: Ins 19.12.1997.

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.

cl 60: Ins 5.2.1999.

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.

cl 60A: Ins 2006 (71), Sch 1 [2].

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.

cl 61: Ins 24.12.1998.

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.

cl 62: Ins 5.2.1999.

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.

cl 63: Ins 22.1.1999.

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.

cl 65: Ins 16.7.1999.

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.

cll 66: Ins 5.11.1999.

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.

cll 67: Ins 5.11.1999.

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.

cl 68: Ins 14.7.2000. Am 2005 No 64, Sch 2.75 [7].

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.

cl 69: Ins 14.7.2000.

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.

cl 70: Ins 16.2.2001 (see also 23.2.2001).

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.

cl 71: Ins 1.12.2000.

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.

cl 72: Ins 16.2.2001 (see also 23.2.2001).

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.

cl 73: Ins 18.5.2001.

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.

cl 74: Ins 14.11.2003.

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.

cl 75: Ins 8.4.2004.

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.

cll 76: Ins 2008 (269), Sch 1 [2].

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.

cll 77: Ins 2008 (269), Sch 1 [2].

Part 5A Urban release areas

pt 5A (cll 78–81): Ins 2009 (518), Sch 1 [3].

78 Arrangements for designated State public infrastructure

(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that land.

(3)  Subclause (2) does not apply to:

(a)  any lot identified in the certificate as a residue lot, or

(b)  any lot created by a subdivision previously consented to in accordance with this clause, or

(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or

(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(4)  State Environmental Planning Policy No 1—Development Standards does not apply to development for the purposes of subdivision on land to which this clause applies.

(5)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 93C of the Act).

pt 5A (cll 78–81): Ins 2009 (518), Sch 1 [3].

79 Public utility infrastructure

(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required.

(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

pt 5A (cll 78–81): Ins 2009 (518), Sch 1 [3].

80 Development control plan

(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3)  The development control plan must provide for all of the following:

(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,

(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation and the conservation of biodiversity, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d)  a network of passive and active recreational areas,

(e)  water cycle management, including water supply, recycled water, stormwater and water quality management controls to achieve a neutral or beneficial effect on water quality,

(f)  amelioration of natural, environmental and land use hazards, including bush fire, flooding, site contamination, and the noise and vibration associated with the railway,

(g)  detailed urban design controls for the land in an urban release area, including housing types, open space, an indicative subdivision pattern and the design and construction of buildings,

(h)  measures to encourage higher density living around transport, open space and service nodes,

(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(4)  Subclause (2) does not apply to any of the following development:

(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

(c)  a subdivision of land in a zone in which the erection of structures is prohibited,

(d)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

pt 5A (cll 78–81): Ins 2009 (518), Sch 1 [3].

81 Relationship between Part and remainder of plan

A provision of this Part prevails over any other provision of this plan to the extent of any inconsistency.

pt 5A (cll 78–81): Ins 2009 (518), Sch 1 [3].

Schedule 1 Shops

(Clause 9)

Chemist’s shop
Confectionery shop and milk bar
Fish and chip shop
Fruit shop
Newsagent’s shop
Smallgoods and sandwich shop
Tobacconist’s and hairdresser’s shop

Schedule 2 Heritage items

(Clauses 5 (1) and 29)

Item	Name	Address	Inventory No
Alpine
House and Outbuildings	“Forest Lodge”	Hume Highway, Alpine Lot 1 DP 605509	2680616
Avon
Dam	“Avon Dam”	Sydney Water Catchment Area, Avon	2680224
Berrima
Cemetery	“Berrima Cemetery”	Berrima Road, Berrima Lots 1, 5 and 6 DP 758098	2680122 W10122
Cottage	“Glebe Cottage”	Hume Highway, Berrima Lot 1 DP 91525	2680177 W10177
Sandstone and timber cottage		Hume Highway, Berrima Lot 7 Sec 40	2680231 W10231
Slab house		Odessa Street, Berrima Lot 201	2680251 W10230
House and garden	“Mereworth”	Old Hume Highway, Berrima Lot 5 DP 703937, Lot 10 DP 703936, Lot 100 DP 839316, Lot 200 DP 839314	2680351
Cottage	“Simon’s Cottage”	Old Mandemar Road, Berrima Portion 346 Parish of Berrima	2680127
House	“Taylor’s Farmhouse”	Old Mandemar Road, Berrima Portion 344, Parish of Berrima	2680126 W10126
Rectory		Corner of Quarry and Wingecarribee Streets, Berrima Lots 8, 9, 10, 11 and 12 DP 80581	2680105 W10105
Dam	“German Dam”	Wingecarribee River, Berrima	2680179 W10179
Bong Bong
Inn	“The Briars”	Bowral—Moss Vale Road, Bong Bong Lot 9 SP 50905	2680153
Common	“Bong Bong Common”	Moss Vale—Bowral Road, Bong Bong Lot 91 DP 730831, Lot 5 DP 258446, Lot 42 DP 850568	2681191
Obelisk	“Bong Bong Obelisk”	Bowral—Moss Vale Road, Bong Bong Lot 91 DP 730831	2680221
Church	“Christ Church”	Cnr Church Street and Bowral—Moss Vale Road, Bong Bong Part Lot 14 DP 751253	2680163
Bowral
Church	Former “Roman Church”	Cnr Banyette Street and Argyle Lane, Bowral Lot 1 DP 785815	2680465 W10465
House		28 Bendooley Street, Bowral Lots 1 and 2 DP 995850 Lot 1 DP 155385	2680472 W10472
Church	“Bowral Uniting Church”	Bendooley Street, Bowral Lots 1 and 2 DP 995850 Lot 1 DP 155385	2680471 W10471
Park	“Corbett Gardens”	Bendooley Street, Bowral Lots 8, 9 and 10 DP 111234	2680529 W10473 W10529
Garden	“Walden”	91 Bendooley Street, Bowral Lots 50 and 51 DP 880942	2680516 W10516
Bank	“Commonwealth Bank”	294 Bong Bong Street, Bowral Lot 1 DP 68288	2680079 W100079
Ambulance Station		411 Bong Bong Street, Bowral Lot 2 DP 304903 Lots 2, 3 and 4 DP 214613	2680079 W10505
Cottage and grounds	“Bradman’s Cottage”	20 Glebe Street, Bowral Lot 16 Sec E DP 11838	2680181
House and garden	“The Rift”	Carlisle Road, Bowral	2680334 2680078 W10078
House and garden	“Neerim”	24 Centennial Road, Bowral Lots 15, 16 and 17 DP 20797	2680535 2680536 W10535 W10536
House and grounds	“Hopewood”	Centennial Road, Bowral Lot 6 DP 634539	2680240
Park	“Centennial Park”	Centennial Road, Bowral	2680538 W10538
House	“Lynthorpe”	17 Gladstone Road, Bowral Lots 1 and 2 DP 996892	2680077 W10077
Cottage		20 Glebe Street, Bowral Lot 16 Section E DP 11838	2680181 W10087
House	“Mount Hamilton”	Hamilton Street, Bowral Lot 8 DP 870156	2680076 W10076
House, grounds and outbuildings	“Milton Park”	Horderns Road, Bowral Lot 2 DP 264034, SP 32202, Lot 2 DP 740232, Lot 31 DP 792744, Lot 40 DP 777813	2680493 2680331 2680330 2680071 2680494 W10330
Tannery relic	“Skins Shed”	Kangaloon Road, Bowral Lot 3 DP 736856	2680229
House, grounds and outbuildings	“Wingecarribee”	Kirkham Street, Bowral Part Lot 1 DP 404276, Lot 4 DP 614505	2680333 2680332 2680075 W10333
Terraces	“Carter Terraces”	18–20 Merrigang Street, Bowral SP 49491	2680543 W10543
House	“Weston Green”	41 Merrigang Street, Bowral Lot A DP 368491	2680511 W10511
House	“Bidura”	139–145 Merrigang Street, Bowral Lot 9 DP 585581, Lots 1 and 3 DP 192732, Lots 52 and 54 Sec A DP 192732	2680166
Semi detached house	“Cooperdale”	98 Mittagong Road, Bowral Lot 1 DP 196994	2680339 W10339
Semi detached house	“Ben Nevis”	100 Mittagong Road, Bowral Lot 1 DP 196994	2680217 W10339
House	“Hazelton”	132 Mittagong Road, Bowral Lot 1 DP 867401	2680338 W10338
House	“Iverbucks”	Moss Vale Road, Bowral	2680180 W10180
House, grounds and outbuildings	“Retford Park”	Old South Road, Bowral Lot 422 DP 792719	2680496 2680495 2680152 W10495 W10496
House and garden	“Robin Wood”	Oxley Drive, Bowral	W10537
Quarries	“Mount Gibraltar Quarries”	Cnr Oxley Drive and King Street, Bowral Lots 24 and 26 DP 111222	2680154 W10154
High school and residence	“Bowral High School and Residence”	Cnr Park and Aitken Roads, Bowral Lot 1 DP 794075	2680503 W10503
House	“Earlsbrae”	15 Queen Street, Bowral Lot 1 DP 68028, Lot 1 DP 57490	2680074 W10074
House	“Yarrow”	Railway Parade, Bowral Lot 1 DP 621947	2680524 W10524
House	“Glen Ridge”	Cnr Shepherd and Albert Streets, Bowral	2680167 W10167
Garden	“Buskers End”	St Clair Street, Bowral Lot 12 DP 551516	2680534 W10534
Museum collection and grandstand	“Bradman Museum Collection” and “Grandstand”	Glebe Park, St Jude Street, Bowral Lot 11 DP 787940	2680469 W10469
Oval	“Bradman Oval”	Glebe Park, St Jude Street, Bowral Lot 12 DP 747940	2680541 W10468
Cottage		52 Shepherd Street, Bowral Lot 1 DP 784321	2680213
House		89 Shepherd Street, Bowral Lot 1 DP 741811	2680069
House		54 Station Street, Bowral Lot 1 DP 195377	2680340
House	“Kurkulla”	Station Street, Bowral Lot 22 DP 787158	2680186 W10186
Railway tunnel	Original “Gib” Tunnel	Old section of the Main Southern Line between Mittagong and Bowral	2680185
Railway station		Station Street, Bowral	2680058 W10058
Braemar
House and outbuildings		Braemar Avenue, Braemar Lot 8 DP 261563	2680190
House, grounds and outbuildings	“Kamilaroi” (part of Braemar Garden World)	Old Hume Highway, Braemar Lot 117 DP 659149	2680190
House		Hume Highway, Braemar Lot 117 DP 659149	2680191
House, grounds and outbuildings	“Braemar Lodge”	Cnr Hume Highway and Braemar Avenue, Braemar Lot 8 DP 261563	2680190
Inn	“Poplars Restaurant”	Hume Highway, Braemar Lot 32 DP 550667, Lot 5 DP 248501	2680160
Bullio
Rock tunnel	“Bullio Tunnel”	Wombeyan Caves Road, Bullio	2680597
Bundanoon
Commercial building	“The Highlander” former Gasthof and Pill Factory	Cnr Anzac Parade and Penrose Road, Bundanoon Lot 1 DP 183174	2680584
Church	“Holy Trinity Anglican Church”	15–17 Church Street, Bundanoon Lot 119 DP 751289	2680365 2680038
Mine	“Erith Coal Mine”	Morton National Park, Bundanoon	2680454
Railway station and yard group	“Bundanoon Railway Station”	Railway Parade, Bundanoon	2680583
Guest house	“TreeTops”	Railway Parade, Bundanoon Lot 1 DP 735674	2680585
Burradoo
House	“San Michele”	Burradoo Road, Burradoo Lot 410 DP 580733	2680158 2680578
House, grounds and outbuildings	“Eridge Park”	Eridge Park Road, Burradoo Lot 1 DP 310807	2680155
House, grounds and outbuildings	“Cooliatta Farm”	Burradoo Road, Burradoo Lots B and C DP 89711 Lots 1 and 2 DP 162063, Lot 2 DP 873620	2680512
House and garden	“Wintersloe”	Cnr Burradoo and Links Roads, Burradoo Lot B DP 341429	2680182
House and garden	“Moidart”	Eridge Park Road, Burradoo Lot 1 DP 963540, Part Lot 41 DP 751282, Lot 1 DP 174985, Lot 1 DP 667017	2680241 2680347 2680348
House	“Links House”	Links Road, Burradoo Lot 30 DP 9084	2680527
House	“Chelsea Park”	589 Moss Vale Road, Burradoo Lot 5 DP 20004	2680526
House and garden	“Abergeldie”	Cnr Moss Vale and Burradoo Roads, Burradoo Lot 4 DP 620319	2680501 2680370
Garden	“Riverside Park”	127–129 Osborne Road, Burradoo Lots 5, 6 and 7 DP 262034, Lot 18 DP 850447	2680374
House	“Laurel Park”	Cnr Osborne and Moss Vale Roads, Burradoo Lot 12 DP 734353, Lot 122 DP 805776	2680521 2680499
Garden	“Banyula”	8–10 Riversdale Avenue, Burradoo Lot 10 DP 241015	2680514
House	“Ostler’s Lodge”	Cnr Riversdale and Moss Vale Roads, Burradoo	2680215
House and garden	“Werrington”	5–7 Werrington Street, Burradoo Lot 112 DP 559455	2680520
House and garden	“Greyleaves”	Greyleaves Avenue and Eridge Park Road, Burradoo Lot 121 DP 800058	2680072 2680342
Convent, garden, outbuildings and ancillary buildings	“Hartzer Park”	Eridge Park Road, Burradoo Lot 1 DP 258453	2680519 2680364 2680187 2680363
Riversdale house, school buildings, outbuildings and grounds	“Chevalier College”	Moss Vale Road, Burradoo Lot 12 DP 748370	2680189
House, grounds and outbuildings	“Anglewood”	Yean Street, Burradoo Lot 15 DP 794215, Lot 1 DP 505050	2680366 2680188
House	“Haling Cottage”	56–70 Yean Street, Burradoo Lot 1 DP 911552	2680523
Burrawang
Public school	“Old Burrawang Schoolhouse”	Church Street, Burrawang Lot 410 DP 821781	2680617
Shop	“Mauger’s Butcher Shop”	Hoddle Street, Burrawang Lot 1 DP 590264	2680588
General store	“Burrawang General Store”	Hoddle Street, Burrawang Lot F DP 399071	2680589
Hotel	“Burrawang Hotel”	Hoddle Street, Burrawang Lot 1 DP 198682	2680590
Colo Vale
House, grounds and outbuildings	“Wensleydale”	Cnr Wilson Drive and Church Avenue, Colo Vale Lots A and B DP 395606, Lots 9, 10, 11 and 12 DP 10674, Lot 13 DP 245456	2680367 2680176
Exeter
House and garden	“Invergowrie”	Exeter—Bundanoon Road, Exeter Lots 1 and 2 DP 522290	2680372 2680591
House	“Redcourt”	Exeter—Sutton Forest Road, Exeter Lots 6 and 7 DP 3371	2680594
Church and memorial hall	“St Aiden’s Church” and “Memorial Hall”	Exeter—Sutton Forest Road, Exeter Lots 9 and 10 Sec 5 DP 3373, Lot 1 DP 952304	2680375 2680376
Hall	“Exeter Hall”	Exeter—Sutton Forest Road, Exeter Part Lot 4 DP 3170	2680593
House	“Romsey Cottage”	Ringwood Road, Exeter Lot 131 DP 790655	2680592
House, grounds and outbuildings	“Vine Lodge”	Sutton Forest Road, Exeter Lot 1 DP 596495, Lot A DP 927745, Lot 1 DP 924532, Lot 4 DP 660174	2680354 2680204 2680355
Railway station, signal box and cottage	“Exeter Railway Station”	Main Southern Line, Exeter	2680607 2680610
Glenquarry
House	“Shepherd’s Cottage”	Cnr Kangaloon Road and Sproules Lane, Glenquarry Lot 7 DP 264034	2680061
House, grounds and outbuildings	“Roberton Park”	Tourist Road, Glenquarry Lot 71 DP 541472	2680159
Glenthorne
Cemetery	“Gilwarra Private Cemetery”	Glenthorne	2680207
High Range
House and grounds	“High Range”	Wombeyan Caves Road, High Range Lot 2 DP 746331	2681194
Joadja
Shale oil mine, refining area and village	“Joadja Village, Shale Oil Mine and Refinery”	Joadja Road, Joadja Lot 11 DP 858859	2680384
Kangaloon
School house	“Former Kangaloon School House”	Kangaloon Road, East Kangaloon Lot 1 DP 724175	2681195
Church	“Uniting Church and Cemetery”	Kangaloon Road, Kangaloon Part Lot 1 DP 181535, Lot 1 DP 903422	2680445
Mittagong
Church	“Uniting Church”	Albert Street, Mittagong	2680136
House		25 Albert Street, Mittagong Part Lot 177 Sec Q DP 1289	2680565
Commercial building	“Hume House”	Cnr Albion and Main Streets, Mittagong Lot 1 Sec 1 DP 1289	2680549
House		43 Alfred Street, Mittagong Lot 106 Sec J DP 1289	2680557
House		45 Alfred Street, Mittagong Lot 105 Sec J DP 1289	2680558
House		54 Alfred Street, Mittagong Lot 148 Sec O DP 1289	2680559
Institution	“Sunshine Lodge”	Cnr Alfred and Albert Streets, Mittagong Lots 145, 146 and 147 Sec O DP 1289	2680554
Stone stables		Alice Street, Mittagong Lot 7 DP 550518	2680548
Institution	“Renwick”, including “Rowe Cottage”, “Suttor Cottage”, “Goodlet Cottage”, “Brick silo”, “Pair of mass concrete silos”, “Row of roadside pine trees” and “Silo Precinct”	Bong Bong Road, Mittagong Part of Lot 1 DP 1074502, Lot 53 DP 1040663 (Goodlet Cottage), Lot 52 DP 1040663 (Suttor Cottage), Lot 1 DP 846419 (Rowe Cottage)	2680618
Garden	“Kennerton Green”	Bong Bong Road, Mittagong Lot 5 DP 2836	2680575
Wells, barn and outbuildings	“Willow Run”	Bong Bong Road, Mittagong Part Lot 115 DP 751282	2681193
Semi detached house		9 Bowral Road, Mittagong Part Lot 6 Sec 6 DP 1289	2680567
Semi detached house		11 Bowral Road, Mittagong Part Lot 6 Sec 6 DP 1289	2680567
Fire station		Bowral Road, Mittagong Lot 8 DP 258852	2680569
House	“Melrose”	50 Bowral Road, Mittagong Lot B DP 415847	2680566
Council chambers	Former “Mittagong Shire Council Building”	Cnr Bowral Road and Main Street, Mittagong Lot 1 Sec 2 DP 1289	2680270
School of arts and memorial hall		Cnr Bowral Road and Main Street, Mittagong Lot 1 Sec 5 DP 1289	2680144
Church	“St Paul’s Presbyterian Church”	Cnr Edward and Alice Streets, Mittagong Part Lot 152 Sec O DP 1289, Lot 1 DP 931666	2680553
House	“Fitzroy Inn” former “Oaklands”	26 Ferguson Crescent, Mittagong Lot 1 DP 580448, Lot 5 DP 580449, Lot 2 DP 244557	2680099
Church, hall and grounds	“St Stephen’s Anglican Church”	Hume Highway, Mittagong DP 78607	2680170
Ironworks site	“Fitzroy Ironworks”	Cnr Hume Highway and Bessemer Street, Mittagong Lot A DP 26366	2680457
Rectory	“Anglican Rectory”	Cnr Louisa and Main Streets, Mittagong Lot 2 DP 622996	2680124
Clock tower	“Memorial Clock”	Main Street, Mittagong	2680278
Hotel	“Mittagong Hotel”	Main Street, Mittagong Lot 1 DP 185046	2680547
Hotel	“Lion Rampant Hotel”	Main Street, Mittagong Lot 4 DP 240187	2680546
Commercial building	“Mealings Building”	Main Street, Mittagong Lot 5 DP 240187	2680060
Shop	“Bunters Shop”	Main Street, Mittagong Lot 1 DP 735671	2680106
Commercial building	“Forbes Building”	Main Street, Mittagong Lot 1 DP 789814	2680064
Commercial building	“Old Mittagong Newsagency Building and National Bank”	Main Street, Mittagong Lots 1 and 2 DP 524097	2680192
House and outbuildings	“Luggie Bank”	Range Road, Mittagong Lot 1 DP 435403	2680468
Shops		1–3 Station Street, Mittagong Lot 2 Sec 3 DP 1289, Lot 5 DP 356938	2680135
Commercial building	“The Boston Ivy”	107 Main Street, Mittagong Lot 21 DP 777984	2680100
House	“Victoria House”	Cnr Main and Victoria Streets, Mittagong Part Lot 215 Sec T DP 20	2680550
Park	“Winifred West Park”	Cnr Main Street and Church Lane, Mittagong Lots 1–3, 16–21 Sec 2 DP 1289	2680039
Shop	“Whytes Corner Store”	Cnr Main and Station Streets, Mittagong Lot 3 Section 3 DP 1289	2680432
Cottages	“Cutter’s Inn” Also known as “Hassal and Jefferis Cottages”	Old South Road, Mittagong Lot 16 DP 879494	2680195
Seminary	“Marist Brothers Centre”	Old South Road, Mittagong Lots 1, 2, 3 and 4 DP 804746	2680169
Mount	“Mt Jellore”		2680572
Reserve	“Mt Alexander Reserve”	Pioneer Street, Mittagong Lot 16 DP 831498	2680066
Library	“Mittagong Public Library”	Cnr Queen and Albert Streets, Mittagong Lot 221 Sec U DP 1289	2680564
House		3 Queen Street, Mittagong Lot C DP 979880	2680552
House	“Leslie Cottage”	8 Queen Street, Mittagong Part Lot 180 Sec Q DP 1289	2680563
House		10 Queen Street, Mittagong Part Lots 177–180 Sec Q DP 1289	2680562
Railway station	“Mittagong Railway Station”	Railway Parade, Mittagong	2680197
Railway goods shed		Railway Parade, Mittagong	2680197
House	Former “Station Master’s Residence”	Railway Parade, Mittagong Lot 1 DP 743008	2680198
School building and garden	“West Wing, Frensham School”	Range Road, Mittagong Sec 19 DP 1289	2680274
Maltings	“The Maltings”	Southey, Colo and Ferguson Streets, Mittagong Lot 2 DP 539841	2680103
Post office	Former “Post Office”	Station Street, Mittagong Lot 1 DP 746469	2680162
Police station	Former “Police Station”	Cnr Station and Regent Streets, Mittagong Lot 8 DP 618569	2680161
House		1 Victoria Street, Mittagong Part Lot 193 Sec S DP 1289, Lot 193 DP 667168	2680560
House		3 Victoria Street, Mittagong Lot 1 DP 312786	2680561
Railway line	“Picton—Mittagong Loop Line”		2680473
Moss Vale
Cottage	“Glendalough Cottage”	Argyle Street, Moss Vale Lot 13 DP 502003	2680200
Commercial building	“Argyle House”	Argyle Street, Moss Vale Lot 2 DP 502003	2680040
Courthouse		Argyle Street, Moss Vale Lot 2 DP 198566	2680173
Pavilion	“Leighton Gardens Pavilion”	Argyle Street, Moss Vale	2680172
Railway station		Argyle Street, Moss Vale	2680244
Station house		Argyle Street, Moss Vale	2680258
Railway yard group		Argyle Street, Moss Vale	2680244
Rail underbridge	“Moss Vale Rail Underbridge”	Argyle Street, Moss Vale	2680178
Memorial	“JM Alcorn Memorial”	Argyle Street, Moss Vale	2680397
Post office	Former “Post Office”	Argyle Street, Moss Vale Lot 1 DP 612545	2680248
Park	“Leighton Gardens”	Argyle Street, Moss Vale Lot 9 DP 832397	2680400
Shop	“Whytes”	426 Argyle Street, Moss Vale Part Lot 1 Sec 1 DP 975495	2680612
School of arts	Former “School of Arts”	471 Argyle Street, Moss Vale Lot 12 DP 129056	2680043
Convent	Former “Dominican Convent”	463 Argyle Street, Moss Vale Lot 1 DP 775152	2680212
Commercial building	“Hereford House”	465–469 Argyle Street, Moss Vale Lot 1 DP 443725, Lot 13 DP 129056	2680418
Bank	Former “National Australia Bank”	478 Argyle Street, Moss Vale Part Lot 1 DP 68063	2680045
Semi detached house		587 Argyle Street, Moss Vale Lots 1 and 2 DP 209719	2680318
House and grounds	“Glendalough”	598 Argyle Street, Moss Vale Lot 13 DP 593630	2680200
House	“Lynton”	618–620 Argyle Street, Moss Vale Lot 1 DP 217785	2680413
Hotel	“Jemmy Moss Inn”	Cnr Argyle and Waite Streets, Moss Vale Lot 1 DP 568356	2680396
Coach house	“Coach House Antiques—Argyle Galleries”	Cnr Argyle and Yarrawa Streets, Moss Vale Lot 11 DP 543869	2680403
Guest house	“Dormie House”	Arthur Street, Moss Vale Lot 1 DP 198551	2680402
House and grounds	“Willow Grange”	32–34 Berrima Road, Moss Vale Lot 102 DP 574448	2681192
Church	“St Andrews Presbyterian Church”	Browley Street, Moss Vale Lot 8 Sec 2 DP 38	2680407
School	“Moss Vale Public School”	12 Browley Street, Moss Vale Lots 23 and 25 Sec 1 DP 38, Lot 1 DP 323450, Lot 1 DP 449146, Lot 14 DP 405744	2680201
House	“Kalourgen”	24 Browley Street, Moss Vale Lot A DP 329683	2680406
Church	“St John’s Anglican Church”	Cnr Browley and Waite Streets, Moss Vale Lot 1 DP 323846	2680175
Rectory	Former “St John’s Anglican Rectory”	Cnr Browley and Waite Streets, Moss Vale Lot 72 DP 628810, Lot 26 Sec 2 DP 940, Lot 1 DP 825847	2680223
Barn	“The Barn” Former “Throsby Park Barn”	Church Street, Moss Vale Lot 4 DP 730956	2680053
Cottage	“Throsby Cottage”	Church Road, Moss Vale Lot 1 DP 580481	2680150
House, grounds and outbuildings	“Woodside”	Farnborough Drive, Moss Vale Lots 21, 22 and 23 DP 731791, Lot 1 DP 632589, Part Lot 16 DP 751303	26802632680149
Church	“St Paul’s Roman Catholic Church”	Garrett Street, Moss Vale Part Lot 1 DP 227903	2680408
Presbytery	“Catholic Presbytery”	Garrett Street, Moss Vale Part Lot 1 DP 227903	2680404
Cottage	“Gundagai Cottage”	Illawarra Highway, Moss Vale Lot 1 DP 155806	2680145
Mill	“The Mill”	Illawarra Highway, Moss Vale Lot H DP 109154	2680417
House, grounds and outbuildings	“Mt Broughton”	Kater Road, Moss Vale Lot 1 DP 236285	2680488 2680486 2680487 2680489
Grounds	“Eagleroo”	Kater Road, Moss Vale Lots 5 and 51 DP 751253	2680352
House, grounds and outbuildings	“Bonheur”	Oldbury Road, Moss Vale Lot 5 DP 979138	2680049
House, grounds and outbuildings	“Browley”	Oldbury Road, Moss Vale Lot 4 DP 215782, Lot 10 DP 10658, Lot 58 DP 751253, Part Lot 32 DP 751253, Lots 6–7 DP 979138	2680056
House, grounds and outbuildings	“Highfield”	Oldbury Road, Moss Vale Lot 1 DP 58837, Lot 1 DP 59375, Lot 1 DP 59165	2680246 2680247 2680054
House, grounds and outbuildings	“Oldbury”	Oldbury Road, Moss Vale Lot 1 DP 559345, Part Lot 29 DP 979138	2680353 2680057 2680164
House, grounds and outbuildings	“Whitley”	Oldbury Road, Moss Vale Lot 2 DP 123550	2680361 2680360 2680055
House, grounds and outbuildings	“Throsby Park”	Robertson Road, Illawarra Highway, Moss Vale Lot K DP 10954, Lot 1 DP 580481	2680050 2680262 2680052 2680261
School	“Tudor House”	Robertson Road, Illawarra Highway, Moss Vale Part Lot 1 DP 529711, Part Lot 16 DP 751303	2680046
House and grounds	“Austermere”	Suttor Road, Moss Vale Lot 3 DP 873240	2680398
Council chambers	Former “Council Chambers”	Throsby Street, Moss Vale Lot 1 DP 617915	2680041
House and garden	“Redbraes”	Valetta Street, Moss Vale Part Lot 16 DP 977031, Lots 12 and 14 Sec 2 DP 977031	2680405
Railway station group	“Mount Murray Railway Station Group”	Mount Murray, Moss Vale, Unanderra Line	2680024
Penrose
House and grounds	“Sylvan Glen Guest Farm”	Kareela Road, Penrose Lot 1 DP 355490	2680611
Church	“Woodhouselea”	Kareela Road, Penrose Lots D and E DP 17031	2680595
School	“Penrose Public School”	Penrose Road, Penrose Lots 110 and 111 DP 751259	2680579 2680596
River crossing	“Paddy’s River Ford” (Site 1)	Penrose State Forest, Penrose	2680434 2680435
Robertson
School	“Robertson Public School”	Hoddle Street, Robertson Lots 1, 2, 6, 7 and 8 Sec 14 DP 758882, Lots 407 and 408 DP 821032	2681185
School of arts	“Robertson School of Arts”	Hoddle Street, Robertson	2680599
Police station and former Courthouse	“Police Station” and Former “Courthouse”	Hoddle Street, Robertson	2680206
Guest house, grounds and railway station	“Ranelagh House”	Cnr Illawarra Highway and Fountaindale Road, Robertson Lot 2 DP 610676	2680601 2680603
Cemetery	“Robertson Cemetery”	Missingham Parade, Robertson	2680441
Railway station	“Robertson Railway Station”		2680463
Peat swamp	“Wingecarribee Swamp”	Illawarra Highway, Robertson Portion ML 2, Parish of Mittagong Portion ML 11, Parishes of Mittagong and Kangaloon	2681186
Sutton Forest
House and outbuildings	“Eccleston Park”	Canyonleigh Road, Sutton Forest Lots 1–9 DP 805624, Lots 38, 39 and 40 DP 751251	2680017
Cottage	“Charlie Grey’s Cottage”	Conflict Street, Sutton Forest Lots 9 and 10 Sec 3 DP 758938	2680014
House, grounds and outbuildings	“Boscobel”	Exeter Road, Sutton Forest Lots 1, 2 and 3 Sec 9 DP 758938, Lots 1–19 Sec 8 DP 758938, Lot 1 DP 58373, Lot 1 DP 63523	2680013
Shops	“Everything Store” and “General Store”	Cnr Exeter Road and Illawarra Highway, Sutton Forest Lot 1 DP 962958, Lot 2 DP 56241	2680490
House and grounds	“Montrose”	Cnr Exeter Road and Ormond Street, Sutton Forest Lot 2 DP 620221	2680006
House, grounds and outbuildings	“Golden Vale”	Golden Vale Road, Sutton Forest Lot 1 DP 406434, Lot 7 DP 828835, Lot 8 DP 874965	2680003 2680005 2680001 2680002
House, grounds and outbuildings	“Mt Valdimah”	Golden Vale Road, Sutton Forest Lot 1 DP 995642, Lot 1 DP 130301, Lot 1 DP 997685	2680018
House, grounds and outbuildings	“Black Horse Farm”	Hume Highway, Sutton Forest Lot 100 DP 716166	2680020
House, grounds and outbuildings	“Comfort Hill”	Hume Highway, Sutton Forest Lot 100 DP 744544	2680357 2680356 2680021
House, grounds and outbuildings	“Eling Grange”	Hume Highway, Sutton Forest Lot 5 DP 614696, Lots 1, 9 and Part Lot 21 DP 718101, Lots 1–3 DP 806934	2680004 2680009 2680010
Bridge	“Black Bob’s Bridge”	Hume Highway, Black Bob’s Creek, Sutton Forest	2680019
Cottage		Illawarra Highway, Sutton Forest Lots 8 and 9 DP 32	2680028
Church hall and cemetery	“All Saints Anglican Church”	Illawarra Highway, Sutton Forest Lots 1 and 2 DP 999587	2680022 2680025 2680350
House, grounds and outbuildings	“Bindagundra”	Illawarra Highway, Sutton Forest Lot 15 DP 2715	2680027
House, grounds and outbuildings	“Clover Hill”	Illawarra Highway, Sutton Forest Lot 1 DP 56241	2680203
House, grounds and outbuildings	“Hillview”	Illawarra Highway, Sutton Forest Lot 12 DP 260417, Part Lot 2 DP 621373	2680008 2680007 2680358 2680359
House, grounds and outbuildings	“Newbury”	Illawarra Highway, Sutton Forest Lot 1 DP 133353, Lot 1 DP 176414, Lot 32 DP 665400	2680202
Hotel	“Sutton Forest Inn”	Illawarra Highway, Sutton Forest Lot 1 DP 64663	2681187
Post office	Former “Post Office”	Cnr Illawarra Highway and Bundanoon Road, Sutton Forest Lot 1 DP 334187	2680016
House, grounds and outbuildings	“Spring Grove Farm”	Illawarra Highway, Sutton Forest Part Lot 18, 69 and 70 DP 751289, Lot 2 DP 250746, Lot 5 DP 250743, Lot 71 DP 751289	2680492
House and grounds	“Rosedale”	Illawarra Highway, Sutton Forest Lots 2 and 6 DP 250747, Lot 13 DP 250743, Lots 2, 7 and 8 DP 11147	2680031
House, grounds and outbuildings	“Rotherwood”	Illawarra Highway, Sutton Forest Lot 6 DP 250746	2680033 2680032
Church and cemetery	“St Patrick’s Roman Catholic Church”	Illawarra Highway, Sutton Forest Lot 1 DP 513739	2680034 2680349 2680023
House and grounds	“Summerlees”	Illawarra Highway, Sutton Forest Lot 1 DP 58843	2680362 2680037
House, grounds and outbuildings	“Sutton Farm”	Illawarra Highway, Sutton Forest Lot 1 DP 783660	2680035
House	“The Pines”	Illawarra Highway, Sutton Forest Part Lot 1 DP 160149	2680029
Werai
Railway station gatehouse		Cnr Werai Road and Gatehouse Lane, Werai Lot 1 DP 626548	2680605
Wingello
Church	“St Andrew’s Anglican Church”	Bumballa Street, Wingello	2680606
Railway station group	“Wingello Railway Station Group”	Main Southern Railway, Wingello	2681188
Yarrunga
Cottage and outbuildings		Nowra Road, Yarrunga Lot 220 DP 651063	2681189
Yerrinbool
Hall	“Yerrinbool Community Hall”	Cnr Sunrise Road and Everest Street, Yerrinbool Lot 68 DP 9882	2681190

sch 2: Am 18.8.1995; 10.11.1995; 27.11.1998. Subst 26.11.2004. Am 2007 (353), Sch 1 [4].

Schedule 3 Heritage items within the Berrima Conservation Area

(Clauses 5 (1) and 29)

Item/Name	Address	Lot/DP	Inventory No
Cottage	Hume Highway	Lot 1 DP 907794	2680177
Woodley	Hume Highway	Portions 355/356 Parish Berrima	WI0208 2680208
Harpers Mansion	Wilkinson Street	Lot 5 DP 258420	WI0113 2680113
Harper’s Cottage	Hume Highway	Lot 5 DP 791464	2680134
Cottage	Cnr Wilkinson and Oxley Streets	Lots 6, 7 and 11 Sec 36	WI0209 2680209
Public School and Residence	Oxley Street	Lots 1, 2 and 3 Sec 31	WI0114 2680114
Ardleigh	Cnr Argyle and Oxley Streets	Lot 16 Sec 37	WI0211 2680211
Parsley Cottage	Oxley Street	Lot 15 Sec 37	WI0117 2680117
Bellevue House	Oxley Street	Lot 14 Sec 37	WI0118 2680118
Armfield Cottage	Oxley Street	Lot 12 Sec 37	WI0115 2680115
Cottage	Oxley Street	Lot 5 Sec 35	WI0116 2680116
Finlayson Memorial Presbyterian Church	Oxley Street	Lot 2 Sec 35	WI0146 2680146
Cottage	15 Argyle Street	Lot A DP 181309	2680143
Sovereign Cottage	Argyle Street	Lot B DP 181309	WI0214 2680214
Berrima Court House	Cnr Wilshire and Argyle Streets	Lands Department R19938 for Court House notified 14 April 1894	WI0108 2680108
Police Sergeant’s Residence	Wilshire Street	Sec 35	WI0112 2680112
Former Taylor’s Butcher Shop	Hume Highway	Lot 4 Sec 15	WI0216 2680216
Former Levy Store	Hume Highway	Lot 3 Sec 15	WI0137 2680137
Colonial Inn	Hume Highway	Lot 4 Sec 15	WI0140 2680140
Former Post Office	Cnr Oxley Street and Hume Highway	Lot 20 Sec 30	WI0218 2680218
Berrima Galleries	Hume Highway	Lot 118 DP 870922	WI0141 2680141
Former Cobb & Co Buildings	Cnr Hume Highway and Wingecarribee Street	Lot 10 DP 527350	WI0210 WI0344 2680210 2680344
Cottage	Wingecarribee Street	Lot 4 Sec 30	2680219
Cottage	Wingecarribee Street	Lot 5 Sec 30	2680220
Former Rectory Study	Wingecarribee Street	Lot 2 DP 600090	WI0104 2680104
Former Bakery Complex	Cnr Hume Highway and Wingecarribee Street	Lot 10 DP 619810 and Lot 1 DP 568701	WI0142 2680142
Bull’s Head Drinking Fountain on outside wall of Gaol	Wilshire Street		WI0111 2680111
Berrima Training Centre (formerly gaol)	Cnr Argyle and Wilshire Streets	Lands Department Plans MS 416 3040 MS 276 3040 C 3749 2041 dedicated 11 November 1891	WI0109 2680109
Stone Cottage	Argyle Street	Lands Department Plans MS 416 3040	WI0221 2680236
Superintendent’s House	Argyle Street		WI0107 2680107
Cottage	Wingecarribee Street	Lot 161 DP 525973	2680222
Surveyor General Inn	Hume Highway	DP 61660	WI0139 2680139
Berrima Post Office	Hume Highway	Lot 19 Sec 2	WI0138 2680138
Barn Gallery	Jellore Street	Lot 920 DP 710515	2680129
Cottage	Jellore Street	Lot 6 Sec 2	2680237
Former Victoria Inn	Jellore Street	Lot 104 DP 717120	WI0128 2680128
Former Coach and Horses Inn	Jellore Street	Part Lot 2 Sec 2	WI0133 2680133
Former Berrima Inn	Jellore Street	Lot 1 DP 708845	2680132
Riverview Cottage	Jellore Street	Lot 6 Sec 5	WI0130 2680130
Berrima Cottage	Jellore Street	Lot 4 Sec 5	WI0131 2680131
Makin Cottage	Stockdale Street	Lot 1 DP 711365	WI0227 2680227
White Horse Inn	Market Place	Lot A DP 378458	WI0123 2680123
Nurse’s Cottage	Market Place	Lot B DP 378459	WI0228 2680228
Magistrate’s house	Market Place	Lots 5 and 6 Sec 1	2680125
Lennox Bridge stonework	Market Place		2680474
Church of Holy Trinity	Argyle Street	Lots 1, 2, 8, 9, 10 Sec 3	WI0147 2680147
St Francis Xavier Roman Catholic Church	Cnr Hume Highway and Oldbury Street		WI0120 2680120
Early slab cottage	Oldbury Street	Lot 1 DP 806686	2680230
Sandstock/timber house	Hume Highway	Lot 4 Sec 33	2680231
Brick house	Hume Highway	Lot 5 Sec 33	2680134
Market place	Hume Highway	Public Reserve	WI0233 2680233
Lambie’s Well	Wilshire Street		WI0234 2680234

sch 3: Subst 26.11.2004.

Schedule 4 Heritage items within the Bowral Conservation Area

(Clauses 5 (1) and 29)

Item/Name	Address	Inventory No
Courthouse including fence	Cnr Bendooley and Wingecarribee Streets, Bowral	2680088
Bendooley Street Conservation Area	Properties fronting both sides of Bendooley Street and the properties in the streets at both ends opposite the ends of Bendooley Street, Bowral	2680235
St Jude’s Anglican Church Group	Bendooley Street, Bowral including inter alia Bowral Public School, St Andrew’s Church and Hall, Court House including fence, Town Hall, No 12 Stafford Cottage, Library/Memorial Hall, No 28 residence, Uniting Church former Methodist Church, St Jude’s Anglican Church Group, including Rectory Church Hall, Lych Gate Cemetery, No 42 Eldon Cottage	2680082
Town Hall	Bendooley Street, Bowral	2680081
Laural House	47 Merrigang Street, Bowral	2680343

sch 4: Subst 26.11.2004.

Schedule 5 Development for certain additional purposes

(Clause 45)

sch 5, hdg: Subst 2007 (73), Sch 1 [2].

Lot 3, DP 8969, Bowral Road, Mittagong—conversion of a building on the land as at the appointed day, into a dwelling.

Lot 4, DP 555362, Hume Highway, Mittagong—dwelling-house where all means of access to the allotment are by way of Woodland Road, Mittagong.

Lots 1–5, Section 1, Lots 6–10, Section 4, Lots 1–4 and 6–9, Section 7, Lots 1–8, Section 12, Lots 1–10, Section 18, Lots 1–10, Section 24, DP 111201, Lots 1, 2, 4 and 5, DP 258799, Lots 1–2, DP 610543, and Lot 1, DP 603490, Lyell and Ann Streets, Mittagong—dwelling-houses.

Lot 18, DP 586172 Parry Drive, Bowral—dwelling-house.

Lot 2, DP 258446, Moss Vale Road, Bowral—motel and conference centre.

Lot 1, DP 559521, Lots 23 and 24, DP 4380, and Lots 1 and 2, DP 541536, Moss Vale Road, Bowral—data processing and professional offices.

Part Portion 66 and part Portion 67, Parish of Bong Bong, Illawarra Highway, Sutton Forest—museum of Australian and vintage horse drawn vehicles, shops and refreshment rooms associated therewith.

Lot B, DP 370194, Lackey Road, Moss Vale—indoor cricket stadium.

Lot 15, DP 576593, Kent Street, Yerrinbool—dwelling-house.

Lot 10–13, Sec B, DP 975673, Parry Drive, Bowral—dwelling-house.

Lot 2, Sec 7, DP 154869 Wingecarribee Street, Bowral—professional offices.

Lot 14, part Lots 8–13 and part Lots 15–17, Section 1, DP 651, and Lot A, DP 430831, Ferguson Crescent, Mittagong, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 4)” deposited in the office of the council—Tourist facility and hotel.

Part lot 21, DP 260997, having frontage to Callistemon Avenue and Banksia Street, Hilltop, being within Zone No 7 (a) (Environmental Protection), and as shown edged heavy black and lettered “7 (a)” on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 5)”—dwelling-house.

Part lot 5, DP 253462, Hume Highway, Penrose, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 7)”—weighbridge, office, workshop and siltation ponds.

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)”—commercial and professional offices.

Lots 309 and 311, DP 751302, Upper River Road, Yeola, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 32)”—guesthouse within the confines of the existing residence and garage.

Lot 2, DP 700350, Drapers Road, Colo Vale, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 36)”—dwelling house.

Part Lot 6, DP 10658, corner of Berrima and Brookdale Roads, Moss Vale, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 38)”—car repair station.

Lot 1, DP 738800, Moss Vale Showground, The Illawarra Highway, Moss Vale, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 41)”—monthly markets.

Part of Lot 231, DP 619829, Chalkerville Road, Aylmerton, zoned Rural “B” and as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 43)”—dwelling-house.

Lot 1, DP 778892, Lot 1, DP 794957, and Lots 1 and 2, Section A, DP 975353, Mittagong Road, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 11)”—commercial offices and a motel.

Parts Lots 3–7 DP 88681, Kiama Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 52)”—extractive industries.

Part of land in DP 76726, Kiama Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 53)”—extractive industries.

Lot 1, DP 307664, Governors Road, Bundanoon, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 49)”—the collection of groundwater, extracted under commercial licence issued by the Department of Water Resources, to permit mineral water bottling in premises off-site.

Part of Lots 1, 2, 3, 4 and 5, DP 88681 and part of land in DP 76726, Kiama Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 56)”—extractive industries.

Part of Lot 1, DP 570934, Kirkham Road, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 79)”—community based vocational training establishment, being a building or place used primarily for the education and training of persons preparing for employment and carried on by, or on the behalf of, a government agency, any other public authority or a non-profit community based organisation.

Part of Lot 3, DP 584423, Old Hume Highway, Berrima as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 103)”—retail sale of books within the confines of the existing Book Barn as shown on that map, in conjunction with a reading/refreshment room for non commercial use.

Part of Lot 1, DP 111722 and Lots 1–4, DP 587971, Bowral Street, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 119)”—child care centre.

Lots 5 and 6, DP 2836, Bong Bong Road, Mittagong, as shown edged heavy black on Sheet 1 of the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 122)”—commercial garden.

Lot 1, DP 64663, Illawarra Highway, Sutton Forest, as shown edged heavy black on Sheet 1 of the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 122)”—hotel, motel and function facilities.

sch 5: Am 20.4.1990; 1.6.1990; 6.7.1990; 11.1.1991; 11.12.1992; 29.10.1993; 19.11.1993; 26.8.1994; 13.1.1995; 24.3.1995; 12.5.1995; 23.6.1995; 18.8.1995; 22.9.1995; 9.1.1998; 8.9.2000; 13.2.2004; 2007 (73), Sch 1 [3].

Schedule 6 Items of environmental heritage—Joadja site

(Clause 38B)

Part 1

Significant items of environmental heritage, located in the eastern area of the Joadja site, to be included within a single allotment:

1  Row of 19 houses on the northern side of Joadja Creek.

2  The main incline.

3  Six detached houses on the southern side of Joadja Creek.

4  Water pipe line gully.

5  Chutes on the northern side of Joadja Creek.

6  Remains of houses on northern side of Joadja Creek.

7  Two houses on the northern side of Joadja Creek near refinery.

8  Piers of tramway bridge.

9  Two house sites on south bank of Joadja Creek.

10  Footbridge.

11  Rotary pump and separate valve.

12  Reservoir north east of Mine Manager’s House.

13  Rectangular structure in Portion 74.

14  House site north of retorts.

15  Remains of a second building adjacent to item No 14.

16  Tramway embankments, inclines, chute and haulage cable.

17  Bank of 72 horizontal retorts.

18  Experimental vertical retort.

19  Area between retorts and refinery.

20  Post Office ruins and other remains.

21  Malcolm’s House.

22  Two water reservoirs.

23  Hynde’s House.

24  Group of buildings.

25  Boarding house, general store and bakery.

26  Refinery.

27  Carrington Row houses.

28  Nursery flat.

29  Ford and stepping stones.

30  School of Arts.

31  Manager’s House.

32  Director’s House.

33  Orchard area.

34  House site north of Joadja Common.

35  House of brick and stone south east of Joadja Creek.

36  House of brick south east of Joadja Creek.

Part 2

Items of the environmental heritage on the Joadja site (not located in the eastern area of the site) requiring conservation:

1  Chinaman’s track.

2  Public School of 1882–83.

3  Sports ground.

4  Cemetery.

5  Ford.

6  Areas subject to mining as depicted on Carnes’ Map 1902 (deposited in the office of the council).

7  Siphon Gully.

8  Carters track, incline and horse whim.

sch 6: Ins 5.2.1993.

Schedule 7 Exempt development

(Clause 6A)

Part 1 Minor domestic works

Group A: New ancillary development	Building development that is ordinarily incidental or ancillary to an existing approved or lawful residential use and that results in no more than a total of 40% of the area of the land being occupied by a building or structure, being:
Division 1—Zones 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b) & 2 (c)	(1)	a gazebo, conservatory, greenhouse, shadehouse, cabana, summer house or the like, but only if such development: (a)  is not attached to a dwelling or another building, and (b)  does not exceed a height of more than 2.4 metres above natural ground level for buildings and structures with flat roofs or 3.5 metres for buildings and structures with a pitched roof, and (c)  has a floor area that does not exceed 10 square metres, and (d)  does not result in more than 2 such buildings or structures being erected on the land, or
	(2)	a pergola, but only if such development: (a)  does not exceed a height of 3.0 metres above natural ground level, and (b)  does not have a plan area of more than 20 square metres, and (c)  has no roof attached, or
	(3)	a garden, machinery or tool shed, but only if such development: (a)  does not exceed a height of 2.4 metres above natural ground level, and (b)  does not have a plan area of more than 10 square metres, and (c)  does not result in more than 1 such building or structure being erected on the land, or
	(4)	a screen enclosure of an existing approved or lawful shadehouse, pergola or like structure with shade cloth, gauze wire, lattice or similar open weave material, or
	(5)	a children’s cubby or play house, but only if such development has a floor area that does not exceed 10 square metres and a maximum height of 2.1 metres, or
	(6)	minor recreation equipment, including a playground, but excluding tennis courts, hit up walls, skateboard and rollerblading ramps or other like facilities, and swimming pools but only if such development does not exceed a height of 3.0 metres above natural ground level, or
	(7)	an aerial, antenna or satellite dish or like structure, but only if such development: (a)  does not exceed a height of 6 metres above ground level, and (b)  provides only for receiving transmissions from another place, and (c)  does not result in more than 2 such aerials, antennae, satellite dishes or like structures being erected on the land, and (d)  does not involve the erection of a satellite dish with a diameter of more than 1 metre, and (e)  is located behind a dwelling-house, in the case of a free standing structure, or
	(8)	an outdoor cooking facility, including a barbeque, but only if such development: (a)  does not have a plan area of more than 10 square metres, and (b)  does not exceed a height of 2.4 metres above natural ground level, and (c)  is not located adjacent to a dwelling or clothes drying area on adjoining land, or
	(9)	a deck or platform, but only if such development: (a)  has a floor level with height not exceeding 0.5 metre above natural ground level, and (b)  does not have a floor area exceeding 10 square metres, or
	(10)	a retaining wall, but only if such development: (a)  is constructed of timber or masonry, and (b)  does not exceed 1.0 metre in height, and (c)  complies with AS3700, AS3600, and AS1170 in the case of masonry walls, and (d)  complies with AS1720, and AS1170 in the case of timber or any other retaining walls, and (e)  is constructed so as not to prevent the natural flow of stormwater drainage or runoff, and (f)  is constructed so that agricultural pipe and dish drain outfalls are disposed without nuisance on the site and to any adjoining land, or
	(11)	a flagpole, but only if such development: (a)  does not exceed a height of 6 metres above ground level, and (b)  does not result in more than 2 such flagpoles being erected on the land, and (c)  is structurally adequate, and (d)  does not involve the display of an advertisement, business name or logo, or promotional material.
Division 2—Zones 2 (a), 2 (a1), 2 (a2), 2 (b) & 2 (c)	(1)	accommodation for domestic animals, including but not limited to accommodation for birds, poultry or a maximum of 2 dogs, but excluding accommodation for pigs, goats, cattle, sheep and horses, but only if such development: (a)  does not exceed a height of 2.4 metres above natural ground level, and (b)  does not have a plan area of more than 10 square metres, and (c)  is located no closer than 6 metres to any dwelling, or
	(2)	a water tank with a capacity of no more than 5,000 litres not connected to the reticulated water supply, but only if such development: (a)  is mounted either on the ground directly, or on a brick or masonry support structure with a height of no more than 1.8 metres above natural ground level, and (b)  has an overflow pipe that will not cause a nuisance or erosion risk to the site or adjoining land, or
	(3)	a fence or screening structure, but only if such development: (a)  does not retain soil or any other material, and (b)  does not exceed 1.2 metres in height above natural ground level in the case of a fence or screening device located within the primary or secondary building line as defined in Development Control Plan No 44 adopted by the Council on 8 December 1999, and that is constructed principally of timber, brick, masonry, post and wire, painted decorative ironwork or a combination thereof, but excluding sheet metal products, and (c)  does not exceed 1.8 metres in height above natural ground level when located behind the primary or secondary building line as defined in Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by Council on 8 December 1999, excepting where such fence or screening device is constructed of brick or masonry and exceeds 1.2 metres in height above natural ground level, and (d)  complies with the provisions of the Dividing Fences Act 1991, or
	(4)	external lighting mounted on either a building or a free standing structure, but only if such development: (a)  makes provision for a power rating of no more than 100 watts in the case of ambient lighting, or no more than 150 watts in the case of directional lighting, and (b)  results in the focus of directional lighting away from adjoining dwellings and their curtilage, and (c)  in the case of a free standing structure, does not exceed a height of 3.0 metres above natural ground level.
Division 3—Zones 1 (a), 1 (b) & 1 (c)	Development incidental or ancillary to existing approved or lawful rural activities, being:
	(1)	accommodation for animals, including horses, cattle and sheep and the like (but excluding accommodation associated with poultry farming or intensive livestock keeping or lot feeding of livestock or the keeping of pigs), but only if such development: (a)  has a floor area that does not exceed 20 square metres, and (b)  does not exceed a height of 3.5 metres above natural ground level, and (c)  is located no closer than 30 metres from a named watercourse, or
	(2)	a water tank with a capacity of no more than 12,000 litres, not connected to a reticulated water supply, but only if such development: (a)  is mounted either on the ground directly, or on a brick or masonry support structure with a height of no more 1.8 metres above natural ground level, and (b)  has an overflow pipe that will not cause a nuisance or erosion risk to the site or adjoining land, or
	(3)	a fence with a height not exceeding 1.5 metres above natural ground level, constructed of timber, post and wire or a combination thereof (but excluding paling fences), in the case of a fence located within the primary or secondary building line as defined Development Control Plan No 44 (Requirements for the Erection of Buildings) adopted by the Council on 8 December 1999, with no part of the fence structure retaining any soil or other material, or
	(4)	a screen structure, but only if such development: (a)  does not exceed a height of 1.8 metres, except for masonry structures that do not exceed 1.2 metres in height, and (b)  does not retain any soil or other material, or
	(5)	a water bore for domestic or farm use, but only if such development has been approved by the Department of Land and Water Conservation where necessary, or
	(6)	external lighting mounted on either a dwelling, building or a free standing structure, but only if such development: (a)  makes provision for a power rating of no more than 150 watts in the case of ambient lighting, or no more than 500 watts in the case of directional lighting, and (b)  results in the focus of directional lighting away from adjoining dwellings and their curtilage, and (c)  in the case of a free standing structure, does not exceed a height of 6.0 metres above natural ground level.
Group B: Minor building alterations	Building alterations, not being an addition to an existing building (other than the making of, or an alteration to the size of, any opening in a wall or a roof of a building such as a doorway or window, or the removal of any wall, but excluding a skylight) to an approved or lawful dwelling-house, outbuilding or ancillary structure to a primary residential use that involve:
Division 1—Zones 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b) & 2 (c)	(1)	non-structural alterations to the exterior of a building or structure, such as painting, plastering, cement rendering, cladding, attaching fittings and decorative work, but only if such development: (a)  where recladding work is involved, replaces existing materials with similar materials, but excluding brick veneering a timber framed building, and (b)  where the replacement of windows, glazed areas and external doors are involved, utilises replacement products of the same or upgraded material and quality and is undertaken in accordance with AS1288 and AS2208, and (c)  involves no alteration to any structural supporting member, and (d)  does not involve a reduction in the number of doorways for egress purposes, or
	(2)	a skylight installed into the roofs of buildings, but only if the development: (a)  involves a skylight with a surface area not exceeding 1 square metre, and (b)  does not involve structural alterations or affect the structural integrity of the building, and (c)  ensures that any opening to the roof is adequately weatherproofed, and (d)  involves installation in accordance with the manufacturer’s specifications and requirements, or
	(3)	non-structural alterations to the interior of a building that do not affect the capability of any load-bearing component of the building, and including replacement of internal doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, but only if such development: (a)  does not involve changes to the configuration of rooms whether by means of the removal of existing walls, erection of partitions or by other means, and (b)  does not involve the enclosure of existing open areas, and (c)  does not reduce the number of doorways for egress purposes, or
	(4)	renovations to bathrooms, kitchens and other rooms including the installation of built-in fixtures such as vanities, cupboards and wardrobes, but only if such development: (a)  does not involve changes to the configuration of rooms whether by means of the removal of existing walls, erection of partitions or by other means, and (b)  does not involve the enclosure of existing open areas, and (c)  does not affect the number of doorways for egress purposes, and (d)  does not involve sanitary drainage work without the relevant water and sewer approvals being obtained from Council, or
	(5)	the installation of air conditioning units for dwelling-houses that are either attached to an external wall or the roof or are ground mounted, but only if such development: (a)  is located at least 3 metres from any adjoining property boundary, and (b)  does not involve structural alterations or affect the structural integrity of the building, and (c)  ensures that any opening to the roof is adequately weatherproofed, and (d)  complies with the noise requirements of the Protection of the Environment (Operations) Act 1997, or
	(6)	the installation of hot water heaters including solar hot water systems for dwelling-houses, but only if such development: (a)  does not involve structural alterations or affect the structural integrity of the building, and (b)  ensures that any opening to the roof is adequately weatherproofed, and (c)  involves installation of the hot water heater or system by licenced persons in accordance with the manufacturer’s specifications and requirements.
Group C: Miscellaneous domestic works	Development, not being building work, that is ordinarily incidental or ancillary to an approved or lawful existing residential use, being:
Zones 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b) & 2 (c)	(1)	earthworks associated with landscaping, gardening, contour banking, drainage, the provision of pedestrian or vehicular access or the like, but only if such development: (a)  does not result in a change in natural ground levels by more than 300mm, and (b)  does not take place within 30 metres of a named watercourse, and (c)  does not constitute the preparation of a site for a building or structure requiring consent under this plan, or
	(2)	ornamental ponds, but only if such development: (a)  is not located within an easement, and (b)  has a depth not exceeding 300mm, and (c)  has a surface area not exceeding 10 square metres, and (d)  does not pose a public safety risk, and (e)  is constructed so that overflows do not constitute a nuisance or hazard on the land or on adjacent land.

Part 2 Minor maintenance of non-residential buildings and structures and fencing

Zones 3 (a), 3 (b), 4 (a) & 4 (b)	Minor building maintenance work undertaken on buildings that are existing uses (as defined under Section 106 of the Act) that do not have a residential or rural use or use ancillary to such purposes, being:
	(1)	non-structural maintenance or repairs to the exterior of a building or structure, such as repainting, replastering, cement rendering, recladding and the like (excepting changes involving new building work including façade and roof replacement, erection of new awnings, the installation of automatic teller machines and the like), but only if such development: (a)  where recladding or painting work is involved, replaces existing materials and colours with similar materials and colours, and (b)  involves no alteration to any structural supporting member, or
	(2)	non-structural maintenance or repairs to the interior of a building including the replacement of internal doors or wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, but only if such development: (a)  does not involve the making of or alteration to the size of, or any opening in, a wall or roof of a building, such as a doorway or window, and (b)  does not involve changes to the configuration of rooms whether by means of the removal of existing walls, erection of partitions or by other means, and (c)  does not involve the enclosure of existing open areas, and (d)  does not involve a reduction in the number of doorways for egress purposes, and (e)  does not involve the carrying out of sanitary drainage work, or
	(3)	a boundary fence or screening structure located in a non-residential or non-rural zone (ie this clause applies to Zones Nos 3 (a), 3 (b), 4 (a) and 4 (b) only), but only if such development: (a)  does not seek to retain soil or any other material, and (b)  does not exceed 1.2 metres in height above natural ground level, in the case of a fence or screening device located within the primary or 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 is constructed principally of timber, post and wire, painted decorative ironwork or a combination thereof, but excluding sheet metal products, and (c)  does not exceed 1.8 metres in height above natural ground level, when located behind the primary or 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, excepting where such fence or screening device is constructed of brick or masonry and exceeds 1.0 metre in height above natural ground level.

Part 3 Miscellaneous

	Other uses or activities, namely:
Zones 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b), 2 (c), 3 (a), 3 (b), 4 (a) & 4 (b)	(1)	home occupations, being the use of an approved or lawful dwelling or an approved or lawful building located on the same land as that dwelling (but excluding such a building with a floor area in excess of 30 square metres), for an occupation carried on by the permanent residents of that dwelling that does not require the registration of the premises under the Factories, Shops and Industries Act 1962, or
	(2)	the use of an approved or lawful building that is a class 9b building under the Building Code of Australia for the purpose of a public meeting, but only if such building and use complies with an approval for a place of public entertainment issued under the Local Government Act 1993, or
	(3)	demolition, including demolition work that is carried out in accordance with AS 2601—1991, of any building or structure (the erection of which would be exempt development under this plan), or the demolition of a temporary building or structure (the erection of which would be complying development under this plan).

Part 4 Advertising structures, signs and displays

Group A: Minor advertising structures and signs relating to all land	The erection of an advertising structure and the display of an advertisement on it or the display of an advertisement that is not affixed to an advertising structure, in any of the following cases:
Zones 1 (a), 1 (b), 1 (c), 2 (a), 2 (a1), 2 (a2), 2 (b), 2 (c), 3 (a), 3 (b), 4 (a) & 4 (b)	(1)	a property address sign being a sign with a total panel face area not exceeding 0.75 square metres when located in a residential zone or 1.5 square metres when located in any other zone, that relates to the place to which it is affixed and describes the name or address of the place, but only if such development: (a)  is contained wholly within the land to which the sign relates, or is flush mounted to the front fence or front wall of a building, so long as the sign does not protrude beyond the physical limits of that fence or building, and (b)  is not illuminated when located in residential or rural premises, and (c)  does not result in more than 1 such sign being erected upon the land, and (d)  does not result in the sign exceeding a height of 1.8 metres, or
	(2)	a real estate sign, being a sign that contains only a notice that the place or land to which it is affixed is for sale, auction or letting (together with the particulars of the sale, auction or letting) and that is not displayed for more than 7 days after the letting or completion of the sale, auction or lease, but only if such development: (a)  is not illuminated when located in residential or rural premises, and (b)   (i)  where relating to residential or rural premises, has a total panel face area of not more than 2.5 square metres, and when affixed to an advertising structure has an overall combined height not exceeding 1.8 metres above natural ground level, and does not result in more than 1 such sign being erected on the land, or up to a maximum of 2 real estate signs for each residential or rural premises but which together have a total panel face area of not more than 2.5 square metres, or (ii)  where relating to non-residential or non-rural premises (but including new subdivided residential allotments in a group of more than 10 such allotments), has a total panel face area of not more than 4.5 square metres, and when affixed to an advertising structure has an overall combined height not exceeding 3 metres and does not result in more than 1 such sign being erected on the land, and (c)  is contained wholly within the land to which the sign relates, or is flush mounted to the front fence or front wall of a building so long as the sign does not protrude beyond the physical limits of that fence or building, or
	(3)	a home occupation sign, being a sign with a total panel face area not exceeding 0.75 square metres which relates to a residential dwelling-house to which it is affixed, that displays the identity of any resident therein carrying on an occupation at that place, and the particulars of any such occupation, but only if such development: (a)  is not illuminated when located in residential or rural premises, and (b)  does not advertise any product, and (c)  does not result in more than 1 such sign being erected on the land, and (d)  is contained wholly within the land to which the sign relates, or is flush mounted to the front fence or front wall of a building so long as the sign does not protrude beyond the physical limits of that fence or building, or
	(4)	a public notice, being a sign which is a notice for public information displayed by the Council or another public authority giving information or directions about services provided by the Council or that authority, or
	(5)	a business operation sign, being a sign located below awning level no part of which is less than 2.6 metres above finished levels or 4.0 metres in height above finished level in the case of buildings without awnings, which relates to the place to which it is affixed and that describes such directions or cautions as are usual or necessary relating to the place or premises or any occupation or activity carried on there, or particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act, but only if such development: (a)  is not illuminated unless required by or under any State or Commonwealth Act, and (b)  does not advertise any product or business name to which it relates.
Group B: Minor advertising structures and signs relating to land in business and industrial zones	The erection of an advertising structure and the display of an advertisement on it, or the display of an advertisement that is not affixed to an advertising structure, located in a business zone or an industrial zone, in any of the following cases:
Zones 3 (a), 3 (b), 4 (a) & 4 (b)	(1)	business identification signs, being signs that display an advertisement which relate to the premises upon which they are situated, where affixed to the street facing façade of a building located in a business zone, including: (a)  a sign which is located on the awning face but so long as that sign does of project beyond that face in any direction, and not more than 1 projected or suspended wall sign located beneath the awning or 4.0 metres above finished ground level, for each 10 metres of street frontage or part thereof, and which does not exceed 2.5 metres in length and 0.5 metres in height, and no part of which is less than 2.6 metres above finished levels, and (b)  a sign which is flush mounted upon the façade of the building, not being a sign that is affixed to or painted onto the façade below window level, and not being a sign that projects beyond any wall or parapet to which it is attached. The development must: (c)  involve no sign located above the awning, or above a height of 4 metres above finished ground level where no awning exists, and (d)  result in a total signage area affixed to the front façade or awning of a building of no more than 50% of the area of the front elevation of the building upon which the advertising signs are displayed or affixed, or
	(2)	business identification signs, being signs that display an advertisement which relate to the premises upon which they are situated, where affixed to a building located in an industrial zone, but only where such development: (a)  is located on land that does not have frontage to a main road, classified as a State or Regional Road, and (b)  does not result in more than 1 such sign being erected on the land, and (c)  has a total panel face area that does not exceed 5 square metres, and (d)  has each panel face framed, and (e)  does not exceed a combined height of 4.0 metres above finished ground level in the case of a sign affixed to an advertising structure and does not project beyond any wall or parapet of the building to which it is affixed, or
	(3)	advertisements and any advertising structure not visible from outside the site on which they are displayed, or
	(4)	advertisements located behind the glass line of the window of a shop, commercial premises or other lawful premises, or
	(5)	advertisements that replace existing lawfully displayed signs or advertising structures.

sch 7: Ins 14.7.2000. Am 18.5.2001.

Schedule 8 Complying development

(Clause 6B)

Part 1

Use	Development standards
1 Bed and breakfast establishments
The use of an existing lawful dwelling-house by its permanent residents for the temporary accommodation of visitors for commercial purposes.	(a)  A maximum of not more than 6 paying guests or lodgers (exclusive of the proprietor and family) upon the premises at any one time. (b)  A minimum of 2 bathrooms. (c)  A smoke detection system that complies with AS 3786—1993—Smoke Alarms and AS 3000—1991—Electrical Installation for Buildings, Structures and Premises (the SAA wiring rules) is in the dwelling. (d)  A fire extinguisher and fire blanket are in the kitchen. (e)  Complies with the Food Act 1989 and the Council’s Food Premises Code. (f)  Complies with clause 25.
2 Boundary adjustments
Any adjustment to the boundary of an allotment that:	(a)  will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia, and (b)  will not create any additional allotments or entitlement to erect a dwelling-house or construct additional building space, and (c)  will not result in an allotment failing to satisfy a development standard regarding minimum allotment size included in an environmental planning instrument or development control plan, and (d)  will not reduce the area of an allotment that is already less than the minimum area for allotments that applies to the land as specified in an environmental planning instrument or development control plan, and will not move the boundary of an allotment between 2 dwellings, and will not result in any construction works.
3 Dwelling-houses, alterations and extensions and ancillary development
(1)  Development on lots less than 2000 square metres in area consisting of the erection of: (a)  a detached single storey dwelling (excluding dwelling-houses with habitable rooms located in the roof space), or (b)  single storey alterations and additions to a detached single storey dwelling-house (excluding dwelling houses with habitable rooms locate in the roof space), or (c)  a single storey garage or carport ancillary to an existing detached dwelling-house (including single storey additions and alterations to such buildings), or (d)  development ordinarily ancillary or incidental to an existing detached dwelling-house (not being exempt development), being: (i)  a gazebo, summerhouse, cabana, conservatory, greenhouse or the like (including single storey alterations and additions to such buildings and structures), or (ii)  a pergola, or (iii)  a deck or platform.	Standards set out in Group A of Part 2 of this Schedule.
(2)  Development on lots greater than or equal to 2000 square metres but less than 4000 square metres in area, consisting of the erection of: (a)  a detached single storey dwelling (excluding dwelling-houses with habitable rooms located in the roof space), or (b)  single storey alterations and additions to a detached single storey dwelling-house (excluding dwelling houses with habitable rooms located in the roof space), or (c)  a single storey garage or carport ancillary to an existing detached dwelling-house (including single storey additions and alterations to such buildings), or (d)  development ordinarily ancillary or incidental to an existing detached dwelling-house (not being exempt development), being: (i)  a gazebo, summerhouse, cabana, conservatory, greenhouse or the like (including single storey alterations and additions to such buildings and structures), or (ii)  a pergola, or (iii)  a deck or platform.	Standards set out in Group B of Part 2 of this Schedule.
(3)  Development on lots equal to or more than 4000 square metres in area, consisting of the erection of: (a)  a detached single storey dwelling (excluding dwelling-houses with habitable rooms located in the roof space), or (b)  single storey alterations and additions to a detached single storey dwelling-house (excluding dwelling-houses with habitable rooms located in the roof space), or (c)  a single storey garage or carport ancillary to an existing detached dwelling-house, (including single storey additions and alterations to such buildings), or (d)  development ordinarily ancillary or incidental to an existing detached dwelling-house (not being exempt development), being: (i)  a gazebo, summerhouse, cabana, conservatory, greenhouse or the like (including single storey alterations and additions to such buildings and structures), or (ii)  a pergola, or (iii)  a deck or platform.	Standards set out in Group C of Part 2 of this Schedule.
4 Recreation facilities
Swimming pools: Development on the same land upon which a dwelling-house is erected, consisting of the installation of a swimming pool whether installed above ground or in-ground.	Standards set out in Group D of Part 2 of this Schedule.
Tennis courts: Development on the same land upon which a dwelling-house is erected, consisting of the installation of a tennis court.	Standards set out in Group E of Part 2 of this Schedule.
Hit-up wall: Development on the same land upon which a dwelling-house is erected, consisting of the installation of a hit-up wall.	Standards set out in Group F of Part 2 of this Schedule.
5 Industrial and warehouse buildings
Alterations and additions to an existing industrial or warehouse building where such alterations and additions are for the purpose of administration or storage uses carried out in conjunction with a use approved by the Council or a lawful use.	Standards set out in Group G of Part 2 of this Schedule.
Alterations to an existing industrial or warehouse building, where such alterations are not related to the creation of any additional floor space, are restricted to the internal fabric or appearance of the building, and are incidental to a use approved by the Council or a lawful use.	Standards set out in Group H of Part 2 of this Schedule.
Alterations to an existing industrial or warehouse building, where such alterations are not related to the creation of any additional floor space, are restricted to the external appearance of the building and are incidental to a use approved by the Council or a lawful use.	Standards set out in Group I of Part 2 of this Schedule.
6 Retail shops, office uses and related building alterations
Development consisting of a change of use of an existing lawful building from an approved or lawful retail shop to another retail shop, not being a shop that sells restricted articles or liquor.	Standards set out in Group J of Part 2 of this Schedule.
Development consisting of a change of use of an existing lawful building from an approved or lawful retail shop to an office, or from an approved or lawful office to another office.	Standards set out in Group K of Part 2 of this Schedule.
Development consisting of the internal fit-out of, or internal alterations to an approved or lawful shop or office building that results in no increase to the floor area of the building.	Standards set out in Group L of Part 2 of this Schedule.

Part 2

Group A:	Single storey detached dwellings, additions and alterations, and ancillary development on lots less than 2000 square metres in area
	Setbacks
	Each part of the structure: (a)  complies with any relevant primary and secondary building line requirement fixed by or under an environmental planning instrument or development control plan applying to the land, and (b)  is setback at least 2.0 metres from an adjoining side or rear property boundary, and where such setback area is landscaped with “advanced” screening vegetation.
	Streetscape
	(1)  Carports and garages facing a public street, accessway or public reserve are not more than 6 metres or 40% of the allotment frontage wide, whichever is the lesser. (2)  Dwelling-houses facing a public street, accessway or public reserve have a front door or window to a habitable room facing toward that frontage.
	Bulk and scale
	(1)  The ground floor level of the structure at any point is not more than 0.5 metre above natural ground level. (2)  The distance between the floor level and the underside of the eaves of the structure (excluding pergolas), or underside of the roof guttering in the case of a building with no eaves, is not more than 2.7 metres. (3)  Dwelling-houses and garages have a roof pitch of no less than 15 degrees and no more than 35 degrees. (4)  The ridgeline to the roof of a free-standing carport or garage is aligned to the building’s longest dimension. (5)  The roof pitch of a garage or carport or of any ancillary structure described in section 3 (1) (d) (i) of Part 1 of this Schedule is no more than a 10% variation to the existing dwelling-house on the land. (6)  The height of a garage or carport or of any ancillary structure described in section 3 (1) (d) (i)–(ii) of Part 1 of this Schedule is not more than 4.6 metres above natural ground level in the case of a structure with a pitched roof or 3.0 metres in the case of a structure with a flat roof. (7)  Any pergola has a floor area footprint not exceeding 100 square metres. (8)  Any deck or platform has a floor area not exceeding 100 square metres. (9)  Any roof opening is flush with the roof pitch.
	Privacy and security
	Windows in any habitable room that are within 9 metres of, and allow an outlook to, a window of any habitable room in the neighbour’s dwelling-house: (a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or (b)  have sill heights of at least 1.7 metres above floor level, or (c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level.
	Open space and landscaping
	(1)  Not more than 400 square metres of the site is occupied by buildings or other structures and the total site area occupied by all outbuildings located on the site does not exceed 100 square metres. (2)  Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface. (3)  Not more than 35 percent of the front setback area is to be paved or sealed.
	Solar efficiency
	(1)  Dwelling-houses achieve at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS) or fully comply with any development control plan for energy efficient development approved by Council. This assessment to be carried out by an appropriately accredited person. (2)  The window of any habitable room of a dwelling-house, a clothes drying area or designated barbeque, playground or primary recreation area including a swimming pool located on adjoining land are not in shadow arising from the development, between 10 am and 3.00 pm on 21 June, as a result of the development.
Group B:	Single storey detached dwellings, additions and alterations, and ancillary development on lots greater than or equal to 2000 square metres but less than 4000 square metres in area
	Setbacks
	Each part of the structure: (a)  complies with any relevant primary and secondary building line requirement fixed by or under an environmental planning instrument or development control plan applying to the land, and (b)  is set back at least 3.0 metres from an adjoining side or rear property boundary, and where such setback area is landscaped with “advanced” screening vegetation.
	Streetscape
	(1)  Carports and garages facing a public street, accessway or public reserve are not more than 6 metres or 40% of the allotment frontage wide, whichever is the lesser. (2)  Dwelling-houses facing a public street, accessway or public reserve have a front door or window to a habitable room facing toward that frontage.
	Bulk and scale
	(1)  The ground floor level of the structure at any point is not more than 0.5 metre above natural ground level. (2)  The distance between the floor level and the underside of the eaves of the structure (excluding pergolas), or underside of the roof guttering in the case of a building with no eaves, is not more than 2.7 metres. (3)  Dwelling-houses and garages have a roof pitch of no less than 15 degrees and no more than 35 degrees. (4)  The ridgeline to the roof of a free-standing carport or garage is aligned to the building’s longest dimension. (5)  The roof pitch of a garage or carport or of any ancillary structure described in section 3 (2) (d) (i) of Part 1 of this Schedule is no more than a 10% variation to the existing dwelling-house on the land. (6)  The height of a garage or carport or of any ancillary structure described in section 3 (2) (d) (i)–(ii) of Part 1 of this Schedule is not more than 4.6 metres above natural ground level in the case of a structure with a pitched roof or 3.0 metres in the case of a structure with a flat roof. (7)  Any pergola has a floor area footprint not exceeding 100 square metres. (8)  Any deck or platform has a floor area not exceeding 100 square metres. (9)  Any roof opening is flush with the roof pitch.
	Privacy and security
	Windows in any habitable room that are within 9 metres of, and allow an outlook to, a window of any habitable room in the neighbour’s dwelling-house: (a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or (b)  have sill heights of at least 1.7 metres above floor level, or (c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level.
	Open space and landscaping
	(1)  Not more than 500 square metres of the site is occupied by buildings or other structures and the total site area occupied by all outbuildings located on the site does not exceed 100 square metres. (2)  Not less than 70 percent of the site must be soft landscaped, that is, not a hard surface.
	Solar efficiency
	(1)  Dwelling-houses achieve at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS) or fully comply with any development control plan for energy efficient development approved by Council. This assessment to be carried out by an appropriately accredited person. (2)  The window of any habitable room of a dwelling-house, a clothes drying area or designated barbeque, playground or primary recreation area including a swimming pool located on adjoining land are not in shadow arising from the development, between 10 am and 3.00 pm on 21 June, as a result of the development.
Group C:	Single storey detached dwellings, additions and alterations, and ancillary development on lots equal to or more than 4000 square metres in area
	Setbacks
	Each part of the structure: (a)  complies with any relevant primary and secondary building line requirement fixed by or under an environmental panning instrument or development control plan applying to the land, and (b)  is set back at least 10.0 metres from an adjoining side or rear property boundary, and where such setback area is landscaped with “advanced” screening vegetation.
	Streetscape
	(1)  Carports and garages facing a public street, accessway or public reserve are not more than 6 metres or 40% of the allotment frontage wide whichever is the lesser. (2)  Dwelling-houses facing a public street, accessway or public reserve have a front door or window to a habitable room facing toward that frontage.
	Bulk and scale
	(1)  The ground floor level of the structure at any point is not more than 0.5 metre above natural ground level. (2)  The distance between the floor level and the underside of the eaves of the structure (excluding pergolas), or underside of the roof guttering in the case of a building with no eaves, is not more than 2.7 metres. (3)  Dwelling-houses and garages have a roof pitch of no less than 15 degrees and no more than 35 degrees. (4)  The ridgeline to the roof of a free-standing carport or garage is aligned to the building’s longest dimension. (5)  The roof pitch of a garage or carport or of any ancillary structure described in section 3 (3) (d) (i) of Part 1 of this Schedule is no more than a 10% variation to the existing dwelling-house on the land. (6)  The height of a garage or carport or of any ancillary structure described in section 3 (3) (d) (i)–(iii) of Part 1 of this Schedule is not more than 4.6 metres above natural ground level in the case of a structure with a pitched roof or 3.0 metres in the case of a structure with a flat roof. (7)  Any pergola has a floor area footprint not exceeding 100 square metres. (8)  Any deck or platform has a floor area not exceeding 100 square metres. (9)  Any roof opening is flush with the roof pitch.
	Privacy and security
	Windows in any habitable room that are within 9 metres of, and allow an outlook to, a window of any habitable room in the neighbour’s dwelling-house: (a)  are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or (b)  have sill heights of at least 1.7 metres above floor level, or (c)  have fixed obscure glazing in any part of the window below 1.7 metres above floor level.
	Open space and landscaping
	(1)  Not more than 600 square metres of the site is occupied by buildings or other structures and the total site area occupied by all outbuildings located on the site does not exceed 100 square metres. (2)  Not less than 80 percent of the site must be soft landscaped, that is, not a hard surface.
	Solar efficiency
	(1)  Dwelling-houses achieve at least a 3.5 star rating under the House Energy Rating Scheme (NatHERS) or fully comply with any development control plan for energy efficient development approved by Council. This assessment to be carried out by an appropriately accredited person. (2)  The window of any habitable room of a dwelling-house, a clothes drying area or designated barbeque playground or primary recreation area including a swimming pool located on adjoining land are not in shadow arising from the development, between 10 am and 3.00 pm on 21 June, as a result of the development.
Group D:	Recreation facilities—swimming pools
	Private use
	The swimming pool is for private use only.
	Setbacks
	(1)  The swimming pool complies with any relevant primary and secondary building line requirement fixed by or under an environmental planning instrument or development control plan applying to the land. (2)  The swimming pool is set back at least 2.0 metres from an adjoining side or rear property boundary and where such setback area is landscaped with “advanced” screening vegetation.
	Streetscape
	The swimming pool will not be located between the dwelling and the front boundary of the land.
	Bulk and scale
	All coping or decking around the pool is not more than 500 millimetres above the natural ground level.
	Privacy and security
	The noise level of any filtration equipment or pumps or the like does not exceed 5 dBA above the ambient background level measured at the property boundary.
	Open space and landscaping
	Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface.
	Installation and construction
	All aspects of the installation and construction of the swimming pool comply, where relevant, with: (a)  AS/NZS 1838:1994—Swimming Pools—Premoulded fibre-reinforced plastics—Design and fabrication, and AS/NZS 1839:1994—Swimming Pools—Premoulded fibre-reinforced plastics—Installation, or (b)  AS 2783—1992—Use of reinforced concrete for small swimming pools.
	The swimming pool and surrounding structures
	The swimming pool and surrounding structures comply with AS 1926.2—1995—Swimming pool safety—Location of fencing for private swimming pools. Note— The Swimming Pools Act 1992 and the Swimming Pools Regulation 1998 must also be complied with.
Group E:	Recreation facilities—tennis courts
	Private use
	The tennis court is for private use only.
	Setbacks
	(1)  The tennis court, and any perimeter netting or wire, complies with any relevant primary and secondary building line requirement fixed by or under an environmental planning instrument or development control plan applying to the land. (2)  The tennis court, and any perimeter netting or wire, is set back at least 2.0 metres from an adjoining side or rear property boundary and where such setback area is landscaped with “advanced” screening vegetation.
	Streetscape
	The tennis court will not be located between the dwelling and the front boundary of the land.
	Bulk and scale
	The perimeter of the tennis court may be surrounded by protective netting or wire, but not in excess of 3 metres in height above natural ground level.
	Privacy and security
	The tennis court is not illuminated.
	Open space and landscaping
	Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface.
	Installation and construction
	(1)  The tennis court is constructed so that it drains directly into the constructed on site stormwater drainage system. (2)  Any perimeter netting or wire is installed in accordance with the manufacturer’s specification.
Group F:	Recreation facilities—hit up walls
	Private use
	The hit-up wall is for private use only.
	Setbacks
	(1)  The hit-up wall complies with any relevant primary and secondary building line requirement fixed by or under an environmental planning instrument or development control plan applying to the land. (2)  The hit-up wall is set back at least 2.0 metres from an adjoining side or rear property boundary, and where such setback area is landscaped with “advanced” screening vegetation.
	Streetscape
	The hit-up wall will not be located between the dwelling and the front boundary of the land.
	Bulk and scale
	(1)  The hit-up wall at any point is not more than 3.0 metres above natural ground level. (2)  The hit-up wall does not exceed 7 metres in length.
	Privacy and security
	The hit-up wall is not illuminated.
	Open space and landscaping
	Not less than 40 percent of the site must be soft landscaped, that is, not a hard surface.
	Installation and construction
	(1)  Any paved area associated with the hit-up wall is constructed so that it drains directly into the constructed on site stormwater drainage system. (2)  Any perimeter netting or wire is installed in accordance with the manufacturer’s specification.
	Solar efficiency
	The window of any habitable room of a dwelling-house, a clothes drying area or designated barbeque, playground or primary recreation area including a swimming pool located on adjoining land are not in shadow arising from the development, between 10 am and 3.00 pm on 21 June, as a result of the development.
Group G:	Industrial and warehouse buildings—alterations and additions for administration or storage uses
	Use
	(1)  Any additional floor area created is not used for any manufacturing, other industrial or like activity. (2)  Any alterations or additions undertaken do not result in a situation where licencing of the premises by the Environment Protection Authority would be required, or where an existing licence is in force, contravene any condition of such a licence. (3)  No additional external areas on the site shall be occupied for the purposes of storage or manufacturing or any other like activity.
	Setbacks
	Each part of the building or structure is set back at least 20 metres from a main road boundary or 10 metres from any other road boundary.
	Bulk and scale
	(1)  The additional floor area created does not exceed 300 square metres or 20% of the existing floor area of the building, whichever is the lesser. (2)  No part of the building addition has a wall height greater than the adjoining wall height of the existing building. (3)  No part of the building addition has a roof height greater than that of the adjoining roof height of the existing building. (4)  The site is not cut or filled so as to alter a level by more than 500 millimetres. (5)  The design, materials and finish, including colours, of building additions (including roof pitch and treatment) shall be either the same or similar to that incorporated into the existing building.
	Floor space ratio
	The floor space ratio (ratio of the total floor space in all buildings to the site area) is not more than 0.5:1.
	Landscaping
	A landscaped strip of at least 3 metres in width to each street frontage is planted with a mix of canopy of trees with a mature height of not less than 10 metres, and shrubs with a mature height of 5 metres at a density of 1 plant per 3 square metres of landscaped area.
	Parking, loading and unloading
	(1)  The land has safe and direct access to a public road. (2)  Car parking is provided on site in accordance with Development Control Plan No 12 adopted by Council on 17 April 1989. (3)  No changes are made to existing driveway access or loading and unloading arrangements other than changes made wholly within the site and carried out in a manner which complies with Development Control Plan No 12 adopted by Council on 17 April 1989 and the Roads and Traffic Authority standards, and that do not contravene any condition of development consent that applies to the land.
	Waste storage areas
	Garbage and waste storage areas are located on-site and unable to be seen from a public place.
Group H:	Industrial and warehouse buildings—internal alterations with no additional floor space
	Use
	(1)  Any alterations undertaken do not result in a situation where licencing of the premises by the Environment Protection Authority would be required, or where an existing licence is in force, contravene any condition of such a licence. (2)  No additional external areas on the site shall be occupied for the purposes of storage or manufacturing or any other like activity.
	Parking, loading and unloading
	(1)  The land has safe and direct access to a public road. (2)  Car parking is provided on site in accordance with Development Control Plan No 12 adopted by Council on 17 April 1989. (3)  No changes are made to existing driveway access or loading and unloading arrangements other than changes made wholly within the site and carried out in a manner which complies with Development Control Plan No 12 adopted by Council on 17 April 1989 and the Roads and Traffic Authority standards and that do not contravene any condition of development consent that applies to the land.
	Waste storage areas
	Garbage and waste storage areas are located on-site and unable to be seen from a public place.
Group I	Industrial and warehouse buildings—external alterations with no additional floor space
	Use
	(1)  Any alterations undertaken do not result in a situation where licencing of the premises by the Environment Protection Authority would be required, or where an existing licence is in force, contravene any condition of such a licence. (2)  No additional external areas on the site shall be occupied for the purposes of storage or manufacturing or any other like activity.
	Setbacks
	Each part of the building or structure is set back at least 20 metres from a main road boundary or 10 metres from any other road boundary.
	Bulk and scale
	(1)  There is no change to the height of any part of the building. (2)  There is no change to the roof or awning style and pitch of the building. (3)  The design, materials and finish, including colours, of building additions (including roof pitch and treatment) shall be either the same or similar to that incorporated into the existing building.
	Landscaping
	A landscaped strip of at least 3 metres in width to each street frontage is planted with a mix of canopy of trees with a mature height of not less than 10 metres, and shrubs with a mature height of 5 metres at a density of 1 plant per 3 square metres of landscaped area.
	Parking, loading and unloading
	(1)  The land has safe and direct access to a public road. (2)  Car parking is provided on site in accordance with Development Control Plan No 12 adopted by Council on 17 April 1989. (3)  No changes are made to existing driveway access or loading and unloading arrangements other than changes made wholly within the site and carried out in a manner which complies with Development Control Plan No 12 adopted by Council on 17 April 1989 and the Roads and Traffic Authority standards and that do not contravene any condition of development consent that applies to the land.
	Waste storage areas
	Garbage and waste storage areas are located on-site and unable to be seen from a public place.
Group J:	Retail shops—change of use (excluding refreshments rooms such as cafes, restaurants, milk bars or amusement parlours) with no external works
	Use
	(1)  The new shop use must replace a former use being carried out in accordance with a development consent. (2)  The new use is consistent with the classification of the building under the Building Code of Australia. (3)  In the case of a shop where food is prepared for sale or consumption, the premises comply with the Food Act 1989 and associated regulations and the Council’s Food Premises Code adopted on 22 March 1995. (4)  The curtilage of the shop building is not used for storage or display purposes. (5)  There is no increase in floor area of the building occupied by the previous shop use.
	Service infrastructure
	There is provision of service infrastructure adequate to satisfy the demands of the new shop without compromising the level of service currently made available by that infrastructure in the locality.
	Parking, loading, unloading and vehicle access
	The existing approved or lawful arrangements for car parking, loading, unloading and vehicle access are not altered, otherwise than to comply with the requirements of Development Control Plan No 12 adopted by Council on 17 April 1989 and Roads and Traffic Authority standards.
Group K:	Retail shops, office uses and related building alterations—change of use from shop to office, or office to office with no external works
	Use
	(1)  The new office use must replace a former use being carried out in accordance with a development consent. (2)  The new use is consistent with the classification of the building under the Building Code of Australia. (3)  There is no increase in floor area of the building occupied by the previous shop or office use.
	Service infrastructure
	There is provision of service infrastructure adequate to satisfy the demands of the new office without compromising the level of service currently made available by that infrastructure in the locality.
	Parking, loading, unloading and vehicle access
	The existing approved or lawful arrangements for car parking, loading, unloading and vehicle access are not altered, otherwise than to comply with the requirements of Development Control Plan No 12 adopted by Council on 17 April 1989 and Roads and Traffic Authority standards.
Group L:	Retail shops, office uses and related building alterations—internal fit-out or alterations to shop or office with no increase to floor area of Council approved usage, with no external works
	Use
	(1)  There is no increase in the total floor area of the building. (2)  In the case of a building to be occupied by a shop that prepares food for sale or consumption, the premises comply with the Food Act 1989 and associated regulations and the Council’s Food Premises Code.

sch 8: Ins 14.7.2000. Am 8.9.2000.

Schedule 9 Classification and reclassification of public land as operational land

(Clause 38AA)

Part 1 Interests not changed

Part 2 Interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Bowral
Kangaloon Road	Lot 20, DP 703198, Kangaloon Road, Bowral, as shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 111)”—Wingecarribee Local Environmental Plan 1989 (Amendment No 111).	Nil.
Hill Top
Boronia Avenue	So much of Part Lot 33, Section 3, DP 6221, known as part of Boronia Park, as is shown edged heavy black on the map marked “Wingecarribee Local Environmental Plan 1989 (Amendment No 107)”—Wingecarribee Local Environmental Plan 1989 (Amendment No 107).	Nil.

sch 9: Ins 18.5.2001. Am 19.4.2002.