Tamworth Local Environmental Plan 1996

General provisions

1 What is this plan called?

This plan is called Tamworth Local Environmental Plan 1996.

2 What are the general objectives of this plan?

The general objectives of this plan are:

(a)  to repeal all the existing local environmental plans and deemed environmental planning instruments which apply to the land within the City of Tamworth and to consolidate and update the Council’s planning controls in a new local environmental plan,

(b)  to expedite the consideration and determination of development applications, and

(c)  to maintain the opportunity for public participation in the environmental planning and development assessment processes.

3 What are the specific objectives of this plan?

The specific objectives of this plan are as follows, in relation to:

The Economy

(a)  to stimulate and strengthen the role of Tamworth as a regional centre,

(b)  to provide a range of opportunities which will improve employment opportunities in Tamworth,

(c)  to create opportunities to stimulate tourism and attract visitors to Tamworth,

Transport

(d)  to provide for the safe and efficient movement of goods and people by encouraging adequate road, rail and air transport systems,

Community Development

(e)  to provide opportunities for the establishment of community facilities involving health care and other forms of social support in accessible locations for residents,

Heritage

(f)  to conserve the environmental heritage of the City of Tamworth,

(g)  to ensure that new development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of heritage items,

(h)  to provide incentives for the restoration and conservation of heritage items,

(i)  to integrate heritage conservation into the planning and development control process,

(j)  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings,

Housing

(k)  to provide a choice in residential living styles, each supported by an equitable and appropriate level of utility services,

Leisure and Learning

(l)  to reinforce the function of Tamworth as a regional centre for education, sport, culture and recreation,

Natural Environment

(m)  to sustain and enhance the City’s natural environment, including native fauna and flora,

(n)  to protect the groundwater resource,

Landscape

(o)  to improve the existing landscape and aesthetic image of the City,

Natural Hazards

(p)  to minimise the adverse effects of natural hazards, particularly on life and property,

Utility Services

(q)  to ensure that development is carried out in such a way as to allow the economic and efficient provision and use of public utility services,

Land in the Vicinity of the Airport

(r)  to ensure the efficient functioning of Tamworth Airport by protecting it from urban encroachment and incompatible land uses,

(s)  to rationalise future development of the Tamworth Airport with respect to the needs of the community and within the limitations imposed by the future development of adjacent land,

(t)  to encourage airport-related land use as a dominant activity,

(u)  to encourage suitable general industrial development,

(v)  to enable the development of support services within the airport, such as retail, social and recreational facilities to a scale appropriate for the locality,

(w)  to ensure that development is of an appropriate scale, design and material, and so located as to minimise its visual impact when viewed both from within and from land surrounding the airport,

(x)  to encourage economic activity that will contribute to the economic growth of the City of Tamworth, and

(y)  to ensure that development is carried out in such a way as to allow the economic and efficient provision of public services and amenities.

4 Where does this plan apply?

This plan applies to all land within the City of Tamworth shown on the map.

5 What is the relationship of this plan to other environmental planning instruments?

(1)  This plan repeals Tamworth Local Environmental Plan 1985 and all other local environmental plans and deemed environmental planning instruments that, immediately before the day on which this plan took effect, applied to the land to which this plan applies.

(2)  In the event of an inconsistency between this plan and a State Environmental Planning Policy or a Regional Environmental Plan (whether made before, on or after the day on which this plan took effect), the State Environmental Planning Policy or the Regional Environmental Plan prevails to the extent of the inconsistency.

6 How are types of development and other terms defined in this plan?

(1)  In this plan:

abattoir means a building or place used for the slaughter of animals, whether or not for the processing, manufacture or distribution of animal by-products, and includes a knackery.

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

agriculture means:

(a)  the cultivation of crops, including cereals, fruit, vegetable or flower crops, or

(b)  the keeping or breeding of livestock, bees or poultry or other birds,

for commercial purposes, but does not include a feed lot, any cultivation or husbandry carried out on any land mainly for the personal enjoyment of or consumption by the owner or occupier of the land or any other activity elsewhere specifically defined in this plan.

airport means an area of land (including any buildings, installations and equipment on the land) maintained and operated under the Air Navigation Regulations of the Commonwealth, being such an area intended for use wholly or partly for the arrival, departure or movement of aircraft.

airport-related land use means the use of a building or place as an office or for other business or commercial purposes related to an airport, and includes the use of a building or place for services related to any one or more of the following:

(a)  the assembly, storage and land transport of air freight,

(b)  the accommodation or transportation of passengers by air or land,

(c)  the operation, maintenance or repair of aircraft,

(d)  the administrative functions associated with the airport, such as airport management and security,

(e)  the functions of State or Commonwealth government departments and authorities related to air passengers and air freight,

(f)  services provided for hotel or motel guests, including banking, dry cleaning, hairdressing, and the like, which are located within the confines of a hotel or motel building.

alter, in relation to a heritage item, means:

(a)  make structural changes to the outside of the heritage item, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item not including changes resulting from the partial alteration or maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item which, in the opinion of the Council, are of a minor nature and do not adversely affect the heritage significance of the building or work.

ANEF Plan means a plan showing ANEF contours for Tamworth Airport and surrounding land prepared by the Council and endorsed by Airservices Australia, a copy of which is retained in the office of the Council and available for inspection by the public during office hours.

animal establishment means a building or place used for the breeding, boarding, training, keeping or caring for animals for commercial purposes, and includes a riding school and a kennel or cattery.

aquaculture means cultivating (including propagating and rearing) for commercial production of the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose using an artificially created body of water.

archaeological site means a site identified in Schedule 1 and shown by heavy black broken edging on the map.

assisted accommodation means a building or place, not being a group home, used for the purposes of:

(a)  temporary or permanent accommodation for socially disadvantaged people, incorporating facilities for their rehabilitation or relief, or

(b)  temporary or permanent accommodation for incurable or convalescing people.

Australian noise exposure forecast (ANEF) for land means a value allocated to the land on an index used for predicting the cumulative exposure to aircraft noise in communities near airports during a specified time period.

boarding house means a building or place:

(a)  at which accommodation, meals and laundry facilities are provided to the lodgers who reside at the building or place, and

(b)  which is not licensed to sell liquor within the meaning of the Liquor Act 1982.

brothel means premises habitually used for the purpose of prostitution, whether or not used by only one prostitute for the purpose of prostitution.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

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

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into or onto their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs or clothing or as a department store.

bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.

camp or caravan site means a site used for the purpose of:

(a)  placing moveable dwellings (as defined in the Local Government Act 1993) for permanent accommodation or for the temporary accommodation of tourists, or

(b)  the erection, assembly or placement of cabins for the temporary accommodation of tourists.

car park means a building or place used for parking vehicles, and any related manoeuvring space and access to it, whether operated for gain or not.

child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990,

(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

classified road means a road or work or a proposed road or work declared under the Roads Act 1993 to be:

(a)  a main road,

(b)  a secondary road,

(c)  a State highway,

(d)  a tourist road,

(e)  a State work,

(f)  a freeway, or

(g)  a controlled access road,

and shown on the map by a continuous red line on white between firm black lines.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause.

commercial sign means a sign, notice, device or representation in the nature of an advertisement, whether illuminated or not, which:

(a)  has dimensions of not greater than 1.2 metres in length and 0.6 metres in height, and

(b)  in respect of any place or premises to which it is affixed, contains only:

(i)  a reference to the identity or a description of the place or premises,

(ii)  a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises,

(iii)  particulars of any occupation carried on at the place or premises,

(iv)  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

(v)  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

(vi)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(vii)  a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting,

(viii)  particulars of any activities held or to be held at the place or premises, or

(ix)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

communications facility means a building, structure, work or place used primarily for the purpose of transmitting or receiving signals for the purpose of communication, and includes radio masts or towers, satellite discs and the like.

community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this clause.

conservation instrument means an interim conservation order or a permanent conservation order made in accordance with the Heritage Act 1977.

convenience store means a building or place used for the fuelling of motor vehicles and for the sale by retail of a variety of small consumer goods or petrol, oil and petroleum products, whether or not other goods are available for hire at the shop.

Council means the Council of the City of Tamworth.

demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

depot means a building or place used for the storage of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere specifically defined in this clause.

drive-in take-away food shop means a shop having its own exclusive off-street parking and used for food sales for immediate consumption but operated in such a way that at least a proportion of the food sold is to be consumed elsewhere.

dual occupancy means 2 dwellings only (whether or not attached) on one allotment of land.

dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

dwelling-house means a building which is the only dwelling erected on an allotment of land.

educational establishment means a building or place used for education (including teaching) and includes:

(a)  a school,

(b)  a tertiary institution, being a university, teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and

(c)  an art gallery or museum that is not used to sell the items displayed in it,

whether or not accommodation for staff or students or both is provided and whether or not used for the purpose of gain.

entertainment facility means a building or place used for sport, entertainment, exhibitions or displays (and may also be used for education), and includes:

(a)  sports stadiums, showgrounds, race courses and the like, and

(b)  theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.

environmental facility means a structure (other than a building) or a work which provides for:

(a)  nature or scientific study or display such as walking tracks, board walks, observation decks, bird hides or the like, or

(b)  environmental management or restoration, such as bushland regeneration, wetland restoration, run-off prevention works, erosion control measures and the like.

exhibition home means a dwelling-house used for display purposes.

extractive industry means:

(a)  the winning of extractive material, or

(b)  an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on,

and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

extractive material means sand, soil, gravel, clay, turf, rock, stone or similar substances.

feed lot means a building or place in or on which cattle, sheep, poultry, pigs or other livestock are held for the purpose of nurturing either wholly or partly by a feeding method other than natural grazing.

floor space ratio of a building means the ratio of the gross floor area of the building to the area of its site.

forestry includes arboriculture, silviculture and the destruction of trees and shrubs for the purpose of:

(a)  afforestation, forest protection or the cutting, dressing and preparing (otherwise than in a sawmill) of wood and other forest products, and

(b)  the establishment of roads necessary for the removal of wood and forest products.

general store means a shop trading principally in groceries, smallgoods and associated small items for residents in the vicinity but does not include a shop or a convenience store.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

(a)  columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall,

(b)  lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts,

(c)  car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to it, and

(d)  space for the loading and unloading of goods.

(e)    (Repealed)

group home has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

hazardous storage establishment means a building or place at which goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

health consulting rooms means a room or a number of rooms forming either the whole or part of, attached to or within the curtilage of a dwelling-house and used by not more than 2 legally qualified medical practitioners, or by not more than 2 dentists within the meaning of the Dentists Act 1989, or by not more than 2 professionally qualified health care practitioners, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than 2 employees in connection with that practice.

height, in relation to a building, means the uppermost point of the building above Australian Height Datum.

height limitation plan and obstacle limitation surface plan mean the maps entitled “Height Limitation Plan” and “Obstacle Limitation Surface Plan”, respectively.

helicopter landing site means a place, not open to the public, used for the taking off and landing of helicopters.

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

(a)  a terminal building, or

(b)  facilities for the parking, servicing, storage or repair of helicopters.

heritage conservation area means the land shown edged heavy black and marked “Heritage Conservation Area” on the map.

heritage item means a building, work, relic, tree or place specified in Schedule 2.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance to the City of Tamworth.

home activity means an activity, pursuit, occupation or profession, carried on for personal gain in a dwelling or a room or a number of rooms forming part of, attached to or on the same parcel of land as a dwelling, which is undertaken by the permanent residents of the dwelling and does not involve:

(a)  the employment of more than one person other than those residents,

(b)  interference with the amenity of the locality by reason of traffic generation, insufficient car parking, or the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise,

(c)  exposure to view from any adjacent premises or from any public place of any unsightly matter,

(d)  the provision of any essential service main of a greater capacity than that available in the locality,

(e)  the exhibition of any notice, advertisement or sign, other than a notice, advertisement or sign (not exceeding 1.2 metres by 0.6 metres) exhibited on that dwelling to indicate the name and occupation of the resident, or a description of the activity, pursuit, occupation or profession,

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

(g)  the operation of a brothel.

hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982, whether or not accommodation is provided at them.

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

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles, but does not include an activity elsewhere specifically defined in this clause.

institution means a penal or reformative establishment.

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

major commercial premises means a building or place used as an office or for other business or commercial purposes, being a building or place having a gross floor area exceeding 2,500 square metres.

major retail premises means:

(a)  a supermarket or department store, or

(b)  a shop or group of adjoining shops (other than bulky goods salesrooms or showrooms) having or together having a gross floor area exceeding 2,500 square metres.

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

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

(b)  that is not a vehicle capable of being registered under the Traffic Act 1909,

and includes any associated structures that form part of the dwelling.

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

marina means a pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure or recreation, and includes:

(a)  slipways,

(b)  facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, and

(c)  facilities for the storage or provision of food.

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

medical centre means a building or place other than a dwelling-house used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

mine means a place which depends for its operation on the winning or removal of any material which the Mining Act 1973, the Coal Mining Act 1973 or the Petroleum (Onshore) Act 1991 applies, and includes a place used for the storage and primary processing of the material obtained.

motel means premises, not being a hotel, used for the temporary or short-term accommodation of travellers.

multiple dwellings means 3 or more dwellings (whether or not attached) on one allotment of land, but does not include assisted accommodation, a boarding house, housing for aged or disabled persons, or serviced apartments.

offensive industry means an industry which, when the industry is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

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

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

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

potential archaeological site means a site identified in Schedule 1 to this plan and shown by cross hatching on the map and includes a site known to the consent authority to have archaeological potential even if it is not so identified and shown.

public building means a building or place used as a business or office by a public authority or an organisation established for public purposes.

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 physical, cultural or intellectual welfare of persons within the community,

but does not include a race course or showground.

recreation facility means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere specifically defined in this clause.

registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other similar lawful purpose and which is, or is intended to be, registered under the Registered Clubs Act 1976.

relic means any deposit, object or material evidence (terrestrial or underwater and which may consist of human remains) relating to:

(a)  the use or settlement of the City of Tamworth, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of the City of Tamworth whether before or after its occupation by persons of European extraction.

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

restricted premises means business premises or a shop that, due to its nature, restricts access to customers over 18 years of age and includes sex shops and similar premises, but does not include a tavern, hotel or brothel.

retail plant nursery means a building or place used for growing plants and selling plants by retail, whether or not it is also used for the sale of landscape supplies (including earth products) or other landscape and horticultural products.

re-use of effluent and biosolids means the utilisation of the nutrient, trace elements, organic matter and water values of solid and liquid effluents, where it is safe and practicable to do so having regard to the mode of utilisation, the quality and quantity of the solid and liquid effluent and characteristics of the utilisation site.

road means a street, lane, highway, pathway or thoroughfare (including a bridge, culvert, causeway, road ferry, ford, crossing and the like on the line of a road through or over a watercourse) that is open to the public for the passage of vehicles, persons and animals.

roadside stall means a place or temporary structure used for selling agricultural produce by retail from an adjacent allotment of land.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

rural industry means a business activity involving:

(a)  the handling, treating, processing or packing of primary products, or

(b)  the regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or for the purpose of a business activity referred to in paragraph (a).

rural worker’s dwelling means a dwelling:

(a)  located on land on which a dwelling-house is or is intended to be located, and

(b)  used as the principal place of residence by persons employed for the purpose of agriculture, aquaculture, or a rural industry on that land.

sawmill means a mill handling, cutting and processing timber from logs or baulks.

serviced apartments means a building containing 2 or more dwellings which are cleaned and otherwise serviced or maintained by the owner or manager of the building or the owner’s or manager’s agent.

service station means a building or place used for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a)  the hiring of trailers,

(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,

(c)  the washing and greasing of motor vehicles,

(d)  the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e)  the retail selling or hiring of small consumer goods.

shop means a building or place used for the purpose of selling, whether by retail or auction, or for the hiring or display for the purpose of selling or hiring of items (whether goods or materials) but does not include a building or place elsewhere specifically defined in this clause.

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

sub-arterial road means a road connecting arterial roads to areas of development to provide vehicular access to the local area, while also providing for inter-regional traffic movement in a safe and operationally efficient manner.

Tamworth Urban Development Strategy means the Tamworth Urban Development Strategy, published by the Council in 1993, a copy of which is deposited in the office of the Council and available for public inspection during office hours.

the Act means the Environmental Planning and Assessment Act 1979.

the airport map means the map marked Tamworth and Parry Joint Local Environmental Plan No 1 a copy of which is deposited in the office of the Council and available for public inspection during office hours.

the map means sheets 1–3 of the map marked Tamworth Local Environmental Plan 1996, as amended by the maps (or specified sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Tamworth Local Environmental Plan 1996 (Amendment No 2)

Tamworth Local Environmental Plan 1996 (Amendment No 3)

Tamworth Local Environmental Plan 1996 (Amendment No 9)

Tamworth Local Environmental Plan 1996 (Amendment No 13)

Tamworth Local Environmental Plan 1996 (Amendment No 14)

Tamworth Local Environmental Plan 1996 (Amendment No 16)

Tamworth Local Environmental Plan 1996 (Amendment No 19)

Tamworth Local Environmental Plan 1996 (Amendment No 21)

Tamworth Local Environmental Plan 1996 (Amendment No 23)

tourist facility means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, restaurant, water sports facilities or a club used in conjunction with any such activities.

utility installation means a building or work used for a utility undertaking.

utility undertaking means any undertaking carried on by or under the authority of any local government authority, Government department, or in pursuance of any Commonwealth or State Act, for the purpose of:

(a)  railway, road, water or air transport, or wharf or river undertakings,

(b)  the provision of sewerage or drainage services,

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  telecommunications facilities.

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

vehicle repair station means a building or place used for the purpose of carrying out repairs to vehicles or the selling and fitting of accessories to vehicles or agricultural machinery.

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

warehouse or distribution centre means a building or place used mainly for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, but not for the retail sale of items to the public from the building or place.

waste disposal depot means a building or place used for the disposal of waste materials whether domestic, commercial or industrial.

(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, and

(b)  a reference to a map is a reference to a map deposited in the office of the Council and available for inspection during office hours.

(3)  Notes included in this plan do not form part of this plan.

cl 6: Am 13.12.1996; 13.3.1998; 29.1.1999; 25.6.1999; 14.7.2000; 13.7.2001; 8.3.2002; 12.9.2003; 2007 (532), Sch 1 [1]; 2007 (641), Sch 5.48, 2009 (17), Sch 1 [1].

7 Who is the consent authority for this plan?

The Council is the consent authority for the purposes of this plan.

General provisions in relation to the development of land

8 What zones apply in this plan?

For the purposes of this plan, land to which this plan applies is within a zone specified below if the land is shown on the map in the manner specified below in relation to the zone:

Zone No 1 (a) Rural—coloured light brown,

Zone No 1 (c) Flood-Liable—coloured light brown, edged scarlet and lettered “1 (c)”,

Zone No 1 (d) Rural-Residential—coloured light brown, edged scarlet and lettered “1 (d)”,

Zone No 1 (e) Future Investigation—coloured light brown, edged scarlet and lettered “1 (e)”,

Zone No 1 (h) Rural Small Holdings—coloured light brown, edged scarlet and lettered “1 (h)”,

Zone No 2 Residential—coloured light scarlet,

Zone No 2 (b) Low Density Residential—coloured light scarlet, edged scarlet and lettered “2 (b)”,

Zone No 3 (a1) Central Business—coloured medium blue,

Zone No 3 (a) Business—coloured light blue,

Zone No 3 (b) Special Business (Airport)—coloured pale blue and lettered “3 (b) (Airport)”,

Zone No 3 (c) Business Development—coloured teal, edged black and lettered “3 (c)”

Zone No 4 Industrial—coloured grey,

Zone No 6 Recreation—coloured green,

Zone No 7 Environment Protection—coloured orange,

Zone No 9 (b) Proposed Car Park—coloured yellow,

Zone No 9 (c) Proposed Sub-Arterial Road—a broken red band.

cl 8: Am 25.6.1999; 12.9.2003; 2007 (532), Sch 1 [2], 2009 (17), Sch 1 [2].

9 What development is allowed in each zone?

(1)  The objectives of a zone are set out in the Tables to clauses 10, 18, 19, 23, 24, 25 and 29 under the heading “Objectives of the zone” appearing in the matter relating to the relevant zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone, the development (if any) that:

(a)  may be carried out without development consent,

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

(c)  is prohibited,

is specified in the Tables to clauses 10, 18, 19, 23, 24, 25 and 29 under the headings “Development allowed without development consent”, “Development allowed only with development consent” and “Development which is prohibited”, respectively, appearing in the matter relating to the relevant zone.

(3)  The Council must not grant consent for development on land within a zone specified in this plan unless it has taken into consideration the aims of this plan and is satisfied that the development is consistent with such of the objectives of the relevant zone as are of relevance to the development the subject of the application.

(4)  For the purposes of subclause (3), in the event of an inconsistency between the aims of this plan and an objective of a zone, the objective of the zone prevails.

Rural zones

10 What rural zones apply in this plan?

The following rural zones apply as identified on the map:

1 (a) Rural

1 (c) Flood-Liable

1 (d) Rural-Residential

1 (e) Future Investigation

1 (h) Rural Small Holdings

Development control table

Zone No 1 (a) Rural

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to retain land for rural and related purposes, and

(b)  to indicate land which is not required for, or is unsuited to, development for urban purposes.

(2)  The specific objectives of this zone are:

(a)  to prevent land for which it is uneconomical or impractical to provide public facilities and essential services from being used for urban purposes,

(b)  to permit traditional forms of rural land uses and occupations to continue in a manner which sustains efficient and effective agricultural production potential and maintains other agricultural activities,

(c)  to provide for specialist and intensive agricultural pursuits that are consistent with the level of services available and the capabilities of the land,

(d)  to permit other forms of development which are associated with rural land use, or which, by virtue of their character, require siting outside urban localities, and which are in keeping with the rural character of the land and are consistent with the capabilities of the land, with the pattern of rural holdings in the locality and with the level of services and amenities available,

(e)  to maintain a pattern of low density settlement,

(f)  to encourage development to be carried out on land within the zone in a manner which conserves, enhances and does not adversely affect the physical character, environmental quality and scenic value of the City’s rural setting, and

(g)  to permit development of the land within the zone in a manner which will neither adversely affect any associated physical, chemical and ecological riverine environment nor the natural and cultural heritage values of any associated riverine environment.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

car parks; commercial premises; depots; hazardous industries; hazardous storage establishments; health consulting rooms; industries; liquid fuel depots; materials recycling yards; medical centres; offensive industries; offensive storage establishments; restaurants; service stations; shops; vehicle body repair workshops; vehicle repair stations; warehouses or distribution centres.

2 Development allowed without development consent

Development for the purpose of:

agriculture,

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

advertisements (other than advertisements ancillary to development permitted in the zone),

brothels,

bulky goods sales rooms or showrooms,

drive-in take-away food shops,

major commercial premises,

major retail premises,

multiple dwellings,

restricted premises,

serviced apartments.

Zone No 1 (c) Flood-Liable

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify land liable to periodic inundation and generally within the high hazard storage of floodway areas located in the City of Tamworth which should be kept free of buildings or works liable to be damaged by floodwaters or likely to adversely affect the flow of floodwaters or to endanger human life when affected by floods,

(b)  to ensure the proper management of land within this zone by excluding or controlling development likely to have an adverse effect on the environmental value of that land, and

(c)  to identify urban floodways as localities requiring special planning considerations and development control policies.

(2)  The specific objectives of this zone are:

(a)  to reduce the risk to life and potential damage to property and the environment in localities subject to flooding hazards,

(b)  to permit development for certain purposes only where it can be demonstrated:

(i)  that the development would not adversely affect or be adversely affected by flood processes, and

(ii)  that such development will not destroy, damage or compromise ecological processes and hydraulic function, or degrade the scenic amenity, landscape quality, recreational opportunities or heritage significance of the riverine environments within the City of Tamworth,

(c)  to encourage recreational use of the riverine environment,

(d)  to control land-clearing and surface modification, and

(e)  to permit development of the land within the zone in a manner which will neither adversely affect any associated physical, chemical and ecological riverine environment nor the natural and cultural heritage values of any associated riverine environment.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

airports; airport-related land uses; community facilities; depots; educational establishments; feed lots; heliports; home activities; hospitals; registered clubs.

2 Development allowed without development consent

Development for the purpose of:

agriculture,

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

assisted accommodation,

boarding houses,

brothels,

bulky goods sales rooms or showrooms,

child care centres,

commercial premises,

convenience stores,

drive-in take-away food shops,

dual occupancies,

dwelling-houses (whether or not ancillary or incidental to another land use),

exhibition homes,

general stores,

group homes,

hazardous industries,

hazardous storage establishments,

health consulting rooms,

hotels,

housing for aged or disabled persons,

industries,

institutions,

liquid fuel depots,

major commercial premises,

major retail premises,

manufactured home estates,

materials recycling yards,

medical centres,

motels,

multiple dwellings,

offensive industries,

offensive storage establishments,

passenger transport terminals,

places of worship,

public buildings,

restaurants,

restricted premises,

road transport terminals,

rural workers’ dwellings,

sawmills,

serviced apartments,

service stations,

shops,

vehicle body repair workshops,

vehicle repair stations,

veterinary hospitals,

warehouses or distribution centres,

waste disposal depots.

Zone No 1 (d) Rural-Residential

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify rural land within the City of Tamworth suitable for closer residential settlement, and

(b)  to facilitate and promote an increased range of living opportunities by providing for low intensity residential development compatible with the rural characteristics of the locality.

(2)  The specific objectives of this zone are:

(a)  to permit the use of rural land having ready access to the urban facilities of the City of Tamworth for low density residential purposes,

(b)  to provide for the creation of rural-oriented living areas by allowing the subdivision of land into a variety of small allotment sizes,

(c)  to provide for a style of residential living which is not appropriate to urban areas,

(d)  to ensure that the type and intensity of development is appropriate, having regard to the characteristics of the land, the rural environment and the efficient provision of public services and amenities,

(e)  to allow land use to be located so as not to jeopardise the efficient and effective expansion of urban localities and so as not to have any detrimental impact on agricultural enterprises within the area,

(f)  to promote residential development in harmony rather than in conflict with the rural environment, having particular regard to maintaining the rural character of the locality and to minimising disturbance to the landscape and visual amenity of the City’s perimeter lands,

(g)  to permit other forms of development to be carried out on land within the zone if in keeping with the rural character of the locality and compatible with the existing or likely future use of the land for residential purposes, and

(h)  to ensure that development for residential purposes meets the full cost of all necessary services and amenities, and takes place in accordance with a program for the provision of appropriate services and amenities.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

airport-related land uses; aquaculture; car parks; commercial premises; helicopter landing sites; hotels; institutions; materials recycling yards; medical centres; retail plant nurseries; roadside stalls; rural industries; rural workers’ dwellings; service stations; shops; stock and sale yards; veterinary hospitals.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

airports,

brothels,

bulky goods sales rooms or showrooms,

depots,

drive-in take-away food shops,

extractive industries,

feed lots,

hazardous industries,

hazardous storage establishments,

heliports,

industries,

liquid fuel depots,

major commercial premises,

major retail premises,

mines,

multiple dwellings,

offensive industries,

offensive storage establishments,

passenger transport terminals,

restricted premises,

road transport terminals,

sawmills,

serviced apartments,

vehicle body repair workshops,

vehicle repair stations,

warehouses or distribution centres,

waste disposal depots.

Zone No 1 (e) Future Investigation

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify land within the City of Tamworth which may be required to accommodate future urban expansion, and

(b)  to enable interim development of the land within this zone for purposes that will neither compromise its possible future use for urban development nor diminish the existing rural character of the locality.

(2)  The specific objectives of this zone are:

(a)  to set aside land uncommitted to other uses to enable determination of its long-term use in the light of future circumstances and demand, including demand for adequate areas of land for industrial, commercial, residential and recreational purposes,

(b)  to enable detailed investigation of the suitability of the land for a variety of urban purposes consistent with general and particular future requirements,

(c)  to restrict development of the land for any purpose which may prejudice the eventual future use of the land for urban purposes,

(d)  to ensure development conserves, enhances and does not adversely affect the physical characteristics, environmental qualities and scenic attributes of perimeter urban lands,

(e)  to ensure that development does not create an unreasonable or uneconomic demand for the provision or extension of public amenities or services,

(f)  to permit interim development of the land within the zone which will not compromise future development for urban purposes (by reason of the nature or duration of or investment in the development or by the fragmentation of the land), and which is in keeping with the existing character of the locality, and

(g)  to permit development of the land within the zone in a manner which will neither adversely affect any associated physical, chemical and ecological riverine environment nor the natural and cultural heritage values of any associated riverine environment.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

airports; car parks; commercial premises; hotels; materials recycling yards; medical centres; mines; multiple dwellings; passenger transport terminals; registered clubs; retail plant nurseries; roadside stalls; road transport terminals; serviced apartments; service stations; shops; veterinary hospitals; warehouses or distribution centres; waste disposal depots.

2 Development allowed without development consent

Development for the purpose of:

agriculture,

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

brothels,

bulky goods sales rooms or showrooms,

depots,

drive-in take-away food shops,

feed lots,

hazardous industries,

hazardous storage establishments,

heliports,

industries,

liquid fuel depots,

major commercial premises,

major retail premises,

offensive industries,

offensive storage establishments,

restricted premises,

sawmills,

vehicle body repair workshops,

vehicle repair stations.

Zone No 1 (h)   Rural Small Holdings

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify rural land in the Hills Plain East area of the City of Tamworth suitable for closer settlement, and

(b)  to facilitate and promote an increased range of living opportunities by providing for very low intensity residential development compatible with the rural and environmental characteristics of the locality.

(2)  The specific objectives of this zone are:

(a)  to permit the use of rural land for very low density residential purposes in accordance with the Hills Plain Master Plan adopted by the Council on 26 March 1996, and

(b)  to provide for the creation of rural-oriented living areas by allowing the subdivision of land into a variety of appropriate allotment sizes, and

(c)  to provide for a style of residential living which is not appropriate for urban areas, and

(d)  to ensure the type and intensity of development is consistent with the environmental constraints of the land and retention of an essentially rural landscape character, and

(e)  to ensure development of the Hills Plain East area does not impact on the efficient and effective continuation of operation of the Tamworth City Council Recycling and Waste Disposal Depot.

(3)  Development for the purposes of the following is usually not consistent with the objectives of this zone:

airport-related land uses; aquaculture; car parks; commercial premises; helicopter landing sites; hotels; institutions; materials recycling yards; medical centres; retail plant nurseries; roadside stalls; rural industries; rural workers’ dwellings; service stations; shops; stock and sale yards; veterinary hospitals.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

airports,

brothels,

bulky goods sales rooms or showrooms,

depots,

drive-in take-away food shops,

extractive industries,

feed lots,

hazardous industries,

hazardous storage establishments,

heliports,

industries,

liquid fuel depots,

major commercial premises,

major retail premises,

mines,

multiple dwellings,

offensive industries,

offensive storage establishments,

passenger transport terminals,

road transport terminals,

sawmills,

serviced apartments,

vehicle body repair workshops,

vehicle repair stations,

warehouses or distribution centres,

waste disposal depots.

cl 10: Am 13.12.1996; 29.1.1999; 12.9.2003.

cl 10, table: Am 26.3.1999; 13.7.2001; 12.9.2003.

11 What are the minimum areas for subdivision of land zoned 1 (a), 1 (c), 1 (d), 1 (e) or 1 (h)?

The Council may grant consent for the subdivision of land zoned 1 (a), 1 (c), 1 (d), 1 (e) or 1 (h) only if each allotment proposed to be created in the subdivision has an area of not less than the following areas:

Zone No 1 (a)—40 hectares,

Zone No 1 (c)—40 hectares,

Zone No 1 (d)—4000m²,

Zone No 1 (e)—40 hectares.

Zone No 1 (h)—4000m².

cl 11: Am 12.9.2003.

12 What other subdivision requirements apply to land zoned 1 (a), 1 (c), 1 (d) or 1 (e)?

Notwithstanding clause 11, the Council may grant consent to the subdivision of land zoned 1 (a), 1 (c), 1 (d) or 1 (e) having an area less than the minimum area specified in that clause where the Council is satisfied that the subdivision is for the purpose of development for which consent has been granted (other than for the purpose of a dwelling-house or a dual occupancy).

13 What are the requirements for the erection of dwellings on land zoned 1 (a) or 1 (e)?

A dwelling-house may, with the consent of the Council, be erected on land zoned 1 (a) or 1 (e) only if:

(a)  the dwelling-house is to replace an existing dwelling-house that has been lawfully erected and used, or

(b)  the allotment does not have a dwelling-house situated on it, or

(c)  the dwelling-house is permitted pursuant to clause 14.

14 Are rural workers’ dwellings permitted on land zoned 1 (a) or 1 (e)?

The Council may grant consent to the erection of an additional dwelling-house on land zoned 1 (a) or 1 (e) if it is satisfied that:

(a)  the dwelling-house will be occupied by persons employed or engaged by the owner or occupier of the land for the purpose of agriculture, and

(b)  the erection of the additional dwelling-house will not impair the suitability of the land for agriculture.

15 Can flood-free land zoned 1 (c) be developed?

Land zoned 1 (c) may, with the consent of the Council, be developed for a purpose permissible within Zone No 1 (a) (but prohibited within Zone No 1 (c)) if the Council is satisfied, on the basis of a topographical survey report of a registered surveyor, that the natural surface of the land proposed to be developed is above the 1 in 100 year flood level as identified in the Tamworth Floodplain Management Study, a copy of which is deposited in the office of the Council and available for public inspection during office hours.

16 What requirements apply to existing dwelling-houses in Zone No 1 (c)?

(1)  This clause applies to a dwelling-house (other than a heritage item) on land within Zone No 1 (c) which, in the opinion of this Council, complies with Section F of the Building Code of Australia (relating to standards for health and amenity) in respect of which the existing use provisions (sections 106–108) of the Act have ceased to apply.

(2)  Notwithstanding any other provision of this plan, the Council may grant consent to:

(a)  the alteration, extension or rebuilding of a dwelling-house to which this clause applies, and

(b)  the use of any such building (or a dwelling-house altered, extended or rebuilt in accordance with such a consent) for the purpose of a dwelling-house.

17 What provisions apply to subdivision of “excluded” land within Zone No 1 (d)?

(1)  This clause applies to land within Zone No 1 (d) shown edged heavy black and marked “excluded” on the map.

(2)  The parcel of land to which this clause applies is referred to in this clause as the “excluded area”.

(3)  The Council must not, before 31 December 1999, grant consent to a subdivision that will create an allotment within the excluded area, other than a subdivision which will create an allotment for a public purpose or for the purposes of boundary adjustment.

17A What provisions apply to subdivision in the “Hills Plain East area”?

(1)  This clause applies to the Hills Plain East area.

(2)  The Council must not grant consent to the subdivision of land to which this clause applies, being an existing holding listed in Column 1 of the following table, unless the number of allotments to be created from the holding is equal to or less than the number shown opposite the listed existing holding in Column 2 of the table.

Existing holding	Maximum number of allotments
Lot 301, DP 753848	25
Portion 299	27
Portion 302	23
Portion 353	3
Portion 354	3
Portion 355	3
Portion 356	8

Note—

Under clause 11, the Council may grant consent for the subdivision of land zoned 1 (h) only if each allotment proposed to be created in the subdivision has an area of not less than 4000m².

(3)  The Council must not grant consent to the subdivision of land to which this clause applies, being existing holding Lot 1, DP 1033583 and existing holding Portion 148, unless:

(a)  each allotment to be created in the subdivision has an area of not less than 1 hectare in accordance with the Hills Plain Master Plan adopted by the Council on 26 March 1996, and

(b)  the number of allotments to be created is equal to or less than 29 allotments in the case of Lot 1, DP 1033583 or 25 allotments in the case of Portion 148.

(4)  The area of each allotment to be created in accordance with this clause must, in the opinion of the Council, be sufficient to accommodate:

(a)  on-site disposal of effluent or a pressure sewer system, and

(b)  an appropriate building envelope that would not impact on:

(i)  items of Aboriginal cultural heritage, or

(ii)  vegetation of conservation significance, or

(iii)  other items of significance that may be identified in the Hills Plain East Development Control Plan adopted by the Council on 26 November 2002.

(5)  In this clause:

existing holding means an allotment, portion or parcel of land as it was in existence on the date of gazettal of Tamworth Local Environmental Plan 1996 (Amendment No 16).

Hills Plain East area means the land known as the Hills Plain East area and shown edged heavy black and lettered “1 (h)” on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 16)”.

cl 17A: Ins 12.9.2003.

17B What matters will Council consider if a development application proposes development in the “Hills Plain East area” on bushfire prone land?

(1)  In considering whether to grant consent to any development on land in the Hills Plain East area that, in the opinion of the Council, is likely to be affected by bushfire, the Council must take into account whether:

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

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

(c)  any increased demand for emergency services during bushfire events created by the development would lead to a significant decrease in the ability of emergency services personnel to effectively control major bushfires, and

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

(2)  In considering the matters referred to in subclause (1), the Council must have regard to and, as much as possible, be satisfied that, the provisions of Planning for Bush Fire Protection have been met.

(3)  In this clause:

Hills Plain East area has the same meaning as in clause 17A.

Planning for Bush Fire Protection means the document titled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006.

cl 17B: Ins 12.9.2003. Am 2007 No 82, Sch 3.26 [1] [2].

Residential zones

18 What residential zones apply in this plan?

cl 18, hdg before: Am 2008 No 62, Sch 2.57.

The following residential zones apply as identified on the map:

2 Residential

2 (b) Low Density Residential

Development control table

Zone No 2 Residential

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify certain land within the City of Tamworth suited to residential purposes,

(b)  to facilitate the orderly, economic and immediate availability of an adequate supply of land for residential purposes and associated urban activities, and

(c)  to facilitate and promote a range of adequate, affordable and suitable housing choice to cater for varying household needs and community preferences.

(2)  The specific objectives of this zone are:

(a)  to encourage a variety of housing alternatives by allowing a diversity of residential allotment sizes, tenure forms, dwelling types and intensities of residential land use in so far as this is practicable and compatible with the physical capability and environmental quality of the land concerned,

(b)  to provide for increased intensity of residential land use in selected localities if it is consistent with the maintenance of reasonable standards of residential amenity and where the greatest advantage can be taken of utility services and community facilities,

(c)  to permit other forms of development and services which are associated with, ancillary to, or supportive of, a living area, if they are compatible with or complementary to the particular amenity, character and requirements of the surrounding residential locality,

(d)  to permit full and efficient use of the existing social and physical infrastructure and the future provision of services and facilities to meet new or increased demand,

(e)  to promote greater flexibility and appreciation of design in urban construction and built form (including infill, alterations, additions and civil works) in a manner consistent with maintaining or enhancing the particular and general environmental amenity and physical attributes of individual localities,

(f)  to promote the achievement of a high quality of residential lifestyle by providing for reasonable standards of privacy, solar access, open space and freedom from intrusive, offensive, hazardous or environmentally insensitive development,

(g)  to allow residents to conduct a reasonable range of activities from their homes where such activities are not likely to adversely affect the living environment of neighbours, and

(h)  to permit development for other purposes where it can be demonstrated that suitable land or premises are not available elsewhere, and that the proposed use will not detrimentally affect the amenity of the residential locality.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

agriculture; aquaculture; car parks; convenience stores; helicopter landing sites; hotels; medical centres; registered clubs; retail plant nurseries; roadside stalls; shops; veterinary hospitals.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

airports,

airport-related land uses,

animal establishments,

brothels,

bulky goods sales rooms or showrooms,

commercial premises,

depots,

drive-in take-away food shops,

extractive industries,

feed lots,

hazardous industries,

hazardous storage establishments,

heliports,

industries,

liquid fuel depots,

major commercial premises,

major retail premises,

materials recycling yards,

mines,

offensive industries,

offensive storage establishments,

passenger transport terminals,

re-use of effluent and biosolids,

restricted premises,

road transport terminals,

rural industries,

rural workers’ dwellings,

sawmills,

service stations,

stock and sale yards,

vehicle body repair workshops,

vehicle repair stations,

warehouses or distribution centres,

waste disposal depots.

Zone No 2 (b) Low Density Residential

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to provide for the housing needs of the community in a low density residential environment, and

(b)  to enable other land uses that provide facilities or services to meet the day to day needs of residents.

(2)  The specific objectives of this zone are:

(a)  to permit the use of rural land for low density residential purposes in accordance with the Hills Plain Master Plan adopted by the Council on 26 March 1996 (including any amendments adopted by the Council before the commencement of Tamworth Local Environmental Plan 1996 (Amendment No 21)), and

(b)  to ensure development of the Hills Plain area does not impact on the efficient and effective continuation of the operation of the Tamworth Recycling and Waste Disposal Depot.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

agriculture; aquaculture; car parks; convenience stores; helicopter landing sites; hotels; medical centres; registered clubs; retail plant nurseries; roadside stalls; shops; veterinary hospitals.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

airports,

airport-related land uses,

animal establishments,

brothels,

bulky goods sales rooms or showrooms,

commercial premises,

depots,

drive-in take-away food shops,

extractive industries,

feed lots,

hazardous industries,

hazardous storage establishments,

heliports,

industries,

liquid fuel depots,

major commercial premises,

major retail premises,

materials recycling yards,

mines,

offensive industries,

offensive storage establishments,

passenger transport terminals,

restricted premises,

re-use of effluent and biosolids,

road transport terminals,

rural industries,

rural workers’ dwellings,

sawmills,

service stations,

stock and sale yards,

vehicle body repair workshops,

vehicle repair stations,

warehouses or distribution centres,

waste disposal depots.

cl 18: Am 13.12.1996; 29.1.1999; 2007 (532), Sch 1 [3] [4].

cl 18, table: Am 26.3.1999; 13.7.2001; 2007 (532), Sch 1 [5].

18A What is the minimum area for subdivision of land zoned 2 (b)?

The Council may grant consent for the subdivision of land in Zone No 2 (b) only if each allotment proposed to be created in the subdivision has an area of not less than 2000m² and not more than 4000m².

cl 18A: Ins 2007 (532), Sch 1 [6].

Business zones

19 What business zones apply in this plan?

The following business zones apply as identified on the map:

3 (a1) Central Business

3 (a) Business

3 (b) Special Business (Airport)

3 (c) Business Development

Development control table

Zone No 3 (a1) Central Business

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to encourage comprehensive development and growth which will reinforce the role of the Tamworth central business district (the CBD) as the regional and local focus for private and public enterprise and for community activity, and

(b)  to define the main area for business and commercial activity within the City of Tamworth.

(2)  The specific objectives of this zone are:

(a)  to facilitate the development and expansion of a diverse range of retail and commercial land uses located to maximise business and community convenience,

(b)  to facilitate development for a variety of allied business activities associated with, ancillary to, or supportive of, the main functions of the business area,

(c)  to permit residential development where attainment of the commercial and service objectives are not prejudiced,

(d)  to permit development for other purposes where it can be demonstrated that suitable land or premises are not available elsewhere and that the proposed use will not prejudice either any existing use of, or future development on, other land in the locality for business purposes or the other main functions of the business area, and

(e)  to promote and facilitate the maintenance and enhancement of visual variety, diversity and interest through the rejuvenation and redevelopment of the CBD in accordance with its heritage character.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

agriculture; aquaculture; assisted accommodation; boarding houses; camp or caravan sites; dual occupancies; exhibition homes; roadside stalls; rural industries.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

airports,

brothels,

dwelling-houses (unless ancillary to development permitted in the zone),

extractive industries,

feed lots,

general stores,

hazardous industries,

hazardous storage establishments,

home activities,

industries,

liquid fuel depots,

mines,

offensive industries,

offensive storage establishments,

restricted premises,

re-use of effluent and biosolids,

rural workers’ dwellings,

sawmills,

stock and sale yards,

waste disposal depots.

Zone No 3 (a) Business

1 Objectives of the zone

(1)  The general objective of this zone is to provide for low intensity commercial and retail facilities which are unlikely to prejudice the viability of the central business district of the City of Tamworth.

(2)  The specific objectives of this zone are:

(a)  to ensure that the size and functions of both retail and commercial facilities are established in accordance with the Council’s preferred hierarchy of retail and commercial centres for the City, and

(b)  to restrict development generally to the provision of services required either by the travelling public or which serve the local community and are limited in scale.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

agriculture; dual occupancies; home activities; rural industries.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

airports,

brothels,

dwelling-houses (unless ancillary to development permitted in the zone),

extractive industries,

feed lots,

hazardous industries,

hazardous storage establishments,

liquid fuel depots,

major commercial premises,

major retail premises,

mines,

offensive industries,

offensive storage establishments,

restricted premises,

re-use of effluent and biosolids,

rural workers’ dwellings,

sawmills,

stock and sale yards.

Zone No 3 (b) Special Business (Airport)

1 Objectives of the zone

The general objective of this zone is to facilitate development of land for the purpose of an airport and airport-related activity.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction.

3 Development allowed only with development consent

Development for the purpose of:

airports,

airport-related land uses,

car parks,

communications facilities,

educational establishments,

helicopter landing sites,

heliports,

industries,

passenger transport terminals,

registered clubs,

restaurants,

re-use of effluent and biosolids,

service stations,

tourist facilities,

utility installations,

utility undertakings,

warehouse or distribution centres.

4 Development which is prohibited

Any development not included in Item 2 or 3.

Zone No 3 (c) Business Development

1 Objective of the zone

The general objective of this zone is to enable a mix of business and warehouse uses, and specialised retail uses that require a large floor area, in locations that are close to, and that support the viability of, centres.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

agriculture,

boarding houses,

brothels (unless on land identified by diagonal hatching on the map),

camp or caravan sites,

depots,

dual occupancies,

dwelling-houses (unless ancillary to development permitted in the zone),

educational establishments,

environmental facilities,

exhibition homes,

extractive industries,

forestry,

group homes,

hazardous storage establishments,

home activities,

hospitals,

housing for aged or disabled persons,

industries,

institutions,

liquid fuel depots,

major commercial premises,

major retail premises,

manufactured home estates,

mines,

offensive storage establishments,

places of worship,

recreation facilities,

roadside stalls,

rural industries,

rural workers’ dwellings,

shops (unless ancillary to development permitted in the zone or catering to the local needs of the area),

vehicle body repair workshops,

vehicle repair stations.

cl 19: Am 13.12.1996; 29.1.1999; 25.6.1999, 2009 (17), Sch 1 [3].

cl 19, table: Am 25.6.1999; 13.7.2001, 2009 (17), Sch 1 [4].

20 Can the use of major commercial premises or major retail premises within Zone No 3 (a) be varied?

(1)  This clause applies to buildings or places within Zone No 3 (a) that were lawfully being used for the purpose of major commercial premises or major retail premises, or both, immediately before this plan commenced.

(2)  Nothing in this plan prevents consent from being granted for the use of a building or place to which this clause applies for business, commercial, supermarket, department store or shop purposes (or for any combination of those purposes) if, after the consent is granted:

(a)  the amount of the gross floor area of the building or place that will be able to be lawfully used for any one or more of those purposes will not exceed the amount of the gross floor area of the building or place that was lawfully being so used immediately before this plan commenced, and

(b)  the proportion of the floor space ratio of the building or place that will be able to be lawfully used for any one or more of those purposes will not exceed the proportion of the floor space ratio of the building or place that was lawfully being so used at that time.

(3)  This clause does not prevent consent from being granted for development for the purpose of a bulky goods sales room or showroom.

cl 20: Subst 13.12.1996.

21 What floor space ratios apply in this plan?

The floor space ratio of a building erected:

(a)  on an allotment of land within Zone No 3 (a1)—is not to exceed 4:1, or

(b)  on an allotment of land within Zone No 3 (a)—is not to exceed 1:1.

22 What is the minimum area for subdivision of land within Zone No 3 (c)?

The Council may grant consent for the subdivision of land in Zone No 3 (c) only if each allotment proposed to be created in the subdivision has an area of not less than 1,000m².

cl 22: Rep 13.12.1996. Ins 2009 (17), Sch 1 [5].

Industrial zone

23 What industrial zone applies in this plan?

The following industrial zone applies as identified on the map:

4 Industrial

Development control table

Zone No 4 Industrial

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify certain land within the City of Tamworth suited to development for industrial purposes, and

(b)  to recognise and provide for the diverse demands and implications of industry, warehousing, transport, servicing activities and allied land uses.

(2)  The specific objectives of this zone are:

(a)  to provide an adequate stock of physically suitable and serviceable land to facilitate a broad range of industrial development,

(b)  to locate and control industry to both meet its particular requirements and ensure minimal adverse physical and visual impact on the environment,

(c)  to create recognisable industrial land use areas throughout the City of Tamworth by the expansion and consolidation of existing industrial localities,

(d)  to promote convenience and accessibility between inter-related and inter-dependent activities by encouraging integration of complementary service industries (such as transport, storage and warehousing) with secondary industries (such as manufacturing, assembling and processing),

(e)  to locate industrial development where it has ready or direct access to the existing and proposed main transport networks and to prevent any adverse intrusion on the function, safety and convenience of urban road networks,

(f)  to allow other forms of development and services which are associated with or ancillary to industrial development,

(g)  to allow other development where it can be demonstrated that suitable land or premises for that development are not available elsewhere and that the proposed use would not prejudice any existing use of, or future development on, the land or other land in the locality for industrial purposes, and

(h)  to ensure that development does not adversely affect the flooding characteristics of the area or increase the hazard of flooding for adjoining land uses.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

agriculture; airports; assisted accommodation; boarding houses; camp or caravan sites; health consulting rooms; medical centres; motels; multiple dwellings; serviced apartments.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction,

utility installations,

utility undertakings.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

brothels (unless on land identified by diagonal hatching on the map),

dual occupancies,

dwelling-houses (unless ancillary to development permitted in the zone),

home activities,

housing for aged or disabled persons,

major commercial premises,

major retail premises,

manufactured home estates,

rural workers’ dwellings,

shops (unless ancillary to development permitted in the zone or catering to the local needs of the industrial area).

cl 23: Am 13.12.1996.

cl 23, table: Am 13.7.2001.

Recreation zone

24 What recreation zone applies in this plan?

The following recreation zone applies as identified on the map:

6 Recreation

Development control table

Zone No 6 Recreation

1 Objectives of the zone

(1)  The general objectives of this zone are:

(a)  to identify land which is used, or intended to be used, for the purpose of open space, recreation and associated land uses, and

(b)  to provide opportunities for the enhancement of environmental quality within the City of Tamworth.

(2)  The specific objectives of this zone are:

(a)  to ensure there is adequate land in accessible locations to meet both present and likely future open space recreational needs,

(b)  to permit the development of a comprehensive range of recreational environments and facilities to maximise opportunity for informal and casual open space leisure activities and for a variety of organised sporting and other open space activities in accordance with community needs,

(c)  to permit development of land within this zone for uses which are associated with, or ancillary to, the use of the land for recreational open space purposes, where such uses:

(i)  are compatible with development permitted elsewhere in the locality,

(ii)  are an integral part of the development of land for open space purposes and are of a scale and nature appropriate to the needs of that development, and

(iii)  will not prejudice the use or amenity of land or adjoining land within the zone for open space purposes, and

(d)  to permit development of the land within the zone in a manner which will neither adversely affect any associated physical, chemical and ecological riverine environment nor the natural and cultural heritage values of any associated riverine environment.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

airport-related land uses; animal establishments; boarding houses; child care centres; convenience stores; home activities; hospitals; passenger transport terminals; serviced apartments; service stations.

2 Development allowed without development consent

Development for the purpose of:

utility installations,

utility undertakings,

works (other than buildings) ancillary to landscaping, gardening and bushfire hazard reduction.

3 Development allowed only with development consent

Any development not included in Item 2 or 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

airports,

assisted accommodation,

brothels,

bulky goods sales rooms or showrooms,

commercial premises (unless ancillary to development permitted in the zone),

depots,

drive-in take-away food shops,

dual occupancies,

dwelling-houses (unless ancillary to development permitted in the zone),

exhibition homes,

extractive industries,

feed lots,

general stores,

group homes,

hazardous industries,

hazardous storage establishments,

health consulting rooms,

heliports,

housing for aged or disabled persons,

industries,

institutions,

liquid fuel depots,

major commercial premises,

major retail premises,

manufactured home estates,

materials recycling yards,

medical centres,

mines,

multiple dwellings,

offensive industries,

offensive storage establishments,

restricted premises,

retail plant nurseries,

roadside stalls,

road transport terminals,

rural industries,

rural workers’ dwellings,

sawmills,

shops (unless ancillary to development permitted in the zone),

stock and sale yards,

vehicle body repair workshops,

vehicle repair stations,

veterinary hospitals,

warehouses or distribution centres,

waste disposal depots.

cl 24: Am 13.12.1996; 29.1.1999.

cl 24, table: Am 13.7.2001.

Environment protection zone

25 What environment protection zone applies in this plan?

The following environment protection zone applies as identified on the map:

7 Environment Protection

Development control table

Zone No 7 Environment Protection

1 Objectives of the zone

(1)  The general objective of this zone is to conserve land possessing a high scenic amenity or landscape value to the City of Tamworth.

(2)  The specific objectives of the zone are:

(a)  to enable development of land within the zone only where that development will maintain or enhance:

(i)  the scenic environment along elevated land to the east and north of the City of Tamworth, or

(ii)  key landscape features, being the dominant ridgelines and slopes and the intermediate ridges forming a visual backdrop to existing and future urban localities and places of special landscape amenity, and

(b)  to exclude any development which is visually intrusive or which would to any extent degrade the environmental value, landscape integrity or visual amenity of land within this zone or surrounding zones.

(3)  Development for the purpose of the following is usually not consistent with the objectives of this zone:

camp or caravan sites; forestry; home activities; hotels; motels; public buildings; retail plant nurseries; rural industries; stock and sale yards.

2 Development allowed without development consent

Nil.

3 Development allowed only with development consent

Any development not included in Item 4.

4 Development which is prohibited

Development for the purpose of:

abattoirs,

advertisements (other than advertisements ancillary to development permitted in the zone),

airports,

airport-related land uses,

brothels,

bulky goods sales rooms or showrooms,

car parks,

commercial premises,

convenience stores,

depots,

drive-in take-away food shops,

dual occupancies,

extractive industries,

feed lots,

general stores,

hazardous industries,

hazardous storage establishments,

health consulting rooms,

heliports,

hospitals,

industries,

institutions,

liquid fuel depots,

major commercial premises,

major retail premises,

manufactured home estates,

materials recycling yards,

medical centres,

mines,

multiple dwellings,

offensive industries,

offensive storage establishments,

passenger transport terminals,

restaurants,

restricted premises,

road transport terminals,

sawmills,

serviced apartments,

service stations,

shops,

vehicle body repair workshops,

vehicle repair stations,

veterinary hospitals,

warehouses or distribution centres,

waste disposal depots.

cl 25: Am 13.12.1996; 29.1.1999.

cl 25, table: Am 13.7.2001.

26 Is subdivision of land within Zone No 7 permitted?

The subdivision of land within Zone No 7 is prohibited.

cll 26: Am 26.3.1999.

27 What are the requirements in respect of the erection of a dwelling-house on land within Zone No 7?

(1)  Not more than one dwelling-house may be erected on an allotment of land within Zone No 7.

(2)  The Council must not grant consent to the erection of a dwelling-house on land within Zone No 7 unless it is satisfied that:

(a)  the siting of the dwelling-house and any associated buildings will not compromise the scenic integrity of the locality,

(b)  the dwelling-house and associated buildings will not be visible above the existing skyline or any prominent ridgeline or local hill top,

(c)  the dwelling-house and associated buildings will be constructed from low reflectivity building materials and incorporate colours which are visually unobtrusive in relation to the surrounding environment,

(d)  the site of the dwelling-house and associated buildings is not affected by slopes greater than 25% from the horizontal plane, and

(e)  native vegetation on the land will not be significantly disturbed by the erection or occupation of the dwelling-house and the use of associated buildings.

28 What additional development is allowed near the boundary of Zone No 7?

Land within 100 metres of a boundary between Zone No 7 and an adjoining zone may, with the consent of the Council, be developed for any purpose for which development may be carried out in the adjoining zone if the Council is satisfied that:

(a)  the land is not affected by slopes greater than 25% from the horizontal plane,

(b)  the land does not provide a unique or significant habitat for species of endangered fauna, and

(c)  the land does not support open woodland communities of horticultural, botanical or aesthetic significance, and

(d)  the development is not inconsistent with the aims and objectives of this plan and the objectives of both zones.

Reserved land zones

29 What reserved land zones apply in this plan?

The following reserved land zones apply as identified on the map:

9 (b) Proposed Car Park

9 (c) Proposed Sub-Arterial Road

Development control table

Zone No 9 (b) Proposed Car Park

1 Objectives of the zone

The general objective of this zone is to provide for the acquisition and development of land for the purpose of providing public carparking.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction.

3 Development allowed only with development consent

Development for the purpose of:

car parks,

utility installations,

utility undertakings.

4 Development which is prohibited

Any development not included in Item 2 or 3.

Zone No 9 (c) Proposed Sub-Arterial Road

1 Objectives of the zone

The general objective of this zone is to provide for the acquisition and development of land for the purpose of providing sub-arterial roads.

2 Development allowed without development consent

Development for the purpose of:

bushfire hazard reduction.

3 Development allowed only with development consent

Development for the purpose of:

sub-arterial roads,

utility installations,

utility undertakings.

4 Development which is prohibited

Any development not included in Item 2 or 3.

30 What are the requirements for the acquisition of private land zoned 9 (b) or 9 (c)?

(1)  The owner of any land within Zone No 9 (b) or 9 (c) may, by notice in writing, require the Council to acquire the land.

(2)  On receipt of a notice under subclause (1), the Council must acquire the land.

Specific provisions in relation to the development of land

31 What development is allowed near zone boundaries?

Land (other than land within Zone No 7) within 100 metres of a boundary between two zones may, with the consent of the Council, be developed for any purpose for which development may be carried out in the adjoining zone if the Council is satisfied that:

(a)  the development will be complementary to existing or proposed development both on the land and on the land within the adjoining zone, and

(b)  the development is necessary or desirable in all of the circumstances of the case.

32 What provisions apply to land shown on the map as “Existing Classified Road” or “Railway”?

Development consent is required for development to be carried out on land identified on the map as being “Existing Classified Road” or “Railway”.

33 What provisions apply in respect of the activities of public authorities?

(1)  Nothing in this plan restricts or prohibits, or enables the consent authority to restrict or prohibit, the carrying out by or on behalf of the Crown or a public authority of the following development or activities:

(a)  any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant and the erection of buildings within the limits of a railway station or railway tracks, or both,

(b)  any development required in connection with the provision of water, sewerage, drainage, electricity or gas services,

(c)  any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant,

(d)  any development required for the purpose of shipping or in connection with the embarking, loading, discharging or transport of passengers, live-stock or goods at a wharf or the movement of traffic by a railway,

(e)  any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of runways, buildings, works and plant, and

(f)  any development required in connection with the construction, reconstruction, improvement, maintenance, or repair of any road, except the widening, realignment or relocation of such road.

(2)  Nothing in this plan restricts or prohibits, or enables the consent authority to restrict or prohibit, the carrying out by or on behalf of the Crown or a public authority of the following development or activities:

(a)  any development carried out by a Rural Lands Protection Board for the improvement and maintenance of travelling stock and water reserves,

(b)  any forestry work by State Forests of NSW, or a school forest trust empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or on Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916, and

(c)  any work carried out by a council involved in flood mitigation works or by the Department of Land and Water Conservation for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912 or the Rivers and Foreshores Improvement Act 1948.

34 How does this plan affect covenants, agreements, other Acts etc?

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any agreement, covenant or similar instrument which purports to impose restrictions on the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, does not apply to any such development.

(2)  Pursuant to section 28 of the Act, the Governor approved of subclause (1) before this plan was made.

35 What subdivision controls apply in this plan?

(1)  Land to which this plan applies must not be subdivided except with the consent of the Council.

(2)    (Repealed)

cll 35: Am 26.3.1999.

36 Is development for certain additional purposes permitted on specific land?

Notwithstanding any other provision of this plan, land specified or described in Column 1 of Schedule 3 may, with the consent of the Council, be developed for the purpose specified in Column 2 of that Schedule opposite that land, subject to the conditions, if any, specified in Column 2.

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

Notwithstanding any other provision of this plan, development (not being designated development) may, with the consent of the Council, be carried out for any purpose for a period not exceeding 28 days (whether the days within that period are consecutive or non-consecutive) in any one year.

38 Can schools and other educational establishments be developed for community uses?

Nothing in this plan prevents the Council from granting consent to the use of the facilities or site of a school, college or other educational establishment for a community or commercial purpose, with the consent of the Council.

39 What factors will the Council take into consideration when assessing an application for development fronting a classified road?

When determining an application for consent to carry out development on land within any zone fronting a classified road, the Council must consider:

(a)  whether there is a better alternative means of access to the land from a road other than the classified road,

(b)  whether the safety and efficiency of the classified road will be adversely affected by:

(i)  the design of the access to the site of the proposed development,

(ii)  the emission of smoke or dust from the proposed development, and

(iii)  the nature, volume or frequency of vehicles gaining access to the site of the development by using the classified road,

(c)  whether the proposed development has been designed at an appropriate scale so as to maintain the character of the locality and minimise disturbance to the landscape and the skyline, and

(d)  whether the proposed development should be set back from the classified road, having regard to:

(i)  the nature, scale and function of any proposed buildings,

(ii)  the maximisation of sight distances for drivers, including visibility of points of access,

(iii)  the minimisation of distractions to drivers using the classified road, and

(iv)  any possible need to alter the road alignment in the future.

40 What are the requirements for the development of land in the vicinity of the Tamworth Airport?

(1)  The Council may grant consent to the erection of a building on land shown cross-hatched on the airport map only if the height of the building will not exceed the limitation specified for the land in the height limitation plan.

(2)  If consent is sought for the erection of a building on land that would exceed the height specified for the land in the obstacle limitation surface plan, the Council must refer the development application to Airservices Australia with a request for that body to send its comments to the Council within (28) days. The Council must not grant its consent unless it has considered any such comment received by the Council within the 28-day period.

(3)  Notwithstanding any other provision of this plan, the consent of the Council is required if it is proposed to carry out development for the purpose of any of the following on land shown cross-hatched on the airport map:

(a)  a dam or reservoir (not being a water storage dam for a public authority),

(b)  the handling or storage of grain,

(c)  the disposal of refuse,

(d)  an abattoir,

(e)  a stock and sale yard,

(f)  a feed lot.

(4)  Notwithstanding any other provision of this plan, airport-related land uses are permissible, but only with the consent of the Council, on land shown cross-hatched on the airport map.

(5)  Notwithstanding any other provision of this plan, the consent of the Council is required to erect a building on land shown cross-hatched on the airport map for which an ANEF map has been prepared.

(6)  The Council may grant consent to the erection of a building intended for human occupation on land referred to in subclause (5) only if it is satisfied that measures will be taken:

(a)  which comply with the provisions of Australian Standard AS 2021—1994 (Acoustics—Aircraft noise intrusion—Building siting and construction) published by Standards Australia on 21 February 1994, and

(b)  which are adequate for the insulation of the building from aircraft noise,

if the Council considers that the ANEF value of the site shown on the ANEF map warrants preventative noise protection measures.

41 (Repealed)

cl 41: Rep 26.3.1999.

42 What servicing provisions apply to the development of land?

The Council must not grant consent to the carrying out of development for the purpose of any habitable building on any land to which this plan applies unless:

(a)  a water supply and facilities for the removal or disposal of sewage and drainage are available to that land, or

(b)  arrangements satisfactory to the Council have been made or are capable of being made for the provision of that supply and those facilities.

43 What controls apply in respect of the development of heritage items?

The consent of the Council is required for the following development:

(a)  the demolition or alteration of a building or work that is a heritage item,

(b)  damaging or moving a relic, or excavating for the purpose of exposing a relic,

(c)  damaging or despoiling land on which a building, work or relic that is a heritage item is situated or land which comprises a place that is a heritage item,

(d)  the erection of a building on or subdivision of land on which such a building, work or relic is situated or land which comprises such a place, or

(e)  damaging any tree on land on which such a building, work or relic is situated or on the land which comprises such a place.

Note—

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

cl 43: Am 2008 (571), Sch 3.170 [1].

44 What factors will the Council take into consideration when assessing an application to develop a heritage item?

(1)  The following must be taken into consideration by the Council when determining an application required by clause 43:

(a)  the significance of the item as a heritage item,

(b)  the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and its site,

(c)  whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained,

(d)  whether the item constitutes a danger to the users or occupiers of that item or to the public,

(e)  measures to be taken to conserve heritage items, including any conservation plan prepared by the applicant.

(2)    (Repealed)

cl 44: Am 2008 (571), Sch 3.170 [2].

45 What incentives apply to the development of heritage items?

(1)  Nothing in this plan prevents the Council from granting consent to:

(a)  the use, for any purpose, of a building that is a heritage item or the land on which the building is erected, or

(b)  the use, for any purpose, of a building within a heritage conservation area or of the land on which the building is erected,

if it is satisfied that:

(c)  the proposed use would have little or no adverse effect on the amenity of the locality, and

(d)  the conservation of the building depends on the Council granting that consent.

(2)  When considering an application for consent to erect a building on land on which there is situated a building which is a heritage item, the Council may, for the purpose of determining the floor space ratio or the number of parking spaces to be provided on the site, exclude from its calculation of the floor space of the buildings erected on the land the floor space of the item, but only if the Council is satisfied that the conservation of the building depends on the Council making that exclusion.

46 What provisions apply to the development of land in the vicinity of a heritage item, heritage conservation area, archaeological site or potential archaeological site?

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

47 What provisions apply to the development of known or potential archaeological sites?

(1)  The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife,

(b)  except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2)  The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council,

(b)    (Repealed)

(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

cl 47: Am 2008 (571), Sch 3.170 [3] [4].

48 What land classification provisions apply in this plan?

(1)  Public land described in Column 1 of Part 1 of Schedule 4 is classified, or reclassified, as operational land or community land, pursuant to section 27 of the Local Government Act 1993, as shown in Column 2 of Part 1 of that Schedule in relation to that land. This subclause does not affect a classification or reclassification of public land made by a local environmental plan before the commencement of Tamworth Local Environmental Plan 1996 (Amendment No 10).

(2)  Public land described in Part 2 of Schedule 4 is classified, or reclassified, as operational land pursuant to section 27 of the Local Government Act 1993.

(3)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(a)  any reservations that except land out of a Crown grant relating to the land, and

(b)  reservations of minerals (within the meaning of the Crown Lands Act 1989).

(4)  Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 4 was made, the Governor approved of subclauses (3) and (5) applying to the land.

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

(6)  Land described in Part 1 of Schedule 4 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

cl 48: Subst 22.10.1999.

49 Can Council prepare a tree preservation order?

(1)  The Council may make, revoke or amend a tree preservation order.

(2)  A person must not carry out or permit or direct or cause any ringbarking, cutting down, topping, lopping, removing or wilful destruction of any tree or trees to which a tree preservation order applies without the consent of the Council. This prohibition does not apply to or in respect of:

(a)  trees within a State forest, or within a timber or forest reserve, within the meaning of the Forestry Act 1916, or

(b)  trees in a national park, within the meaning of the National Parks and Wildlife Act 1974,

(c)  any action pursuant to clause 23 of the Electricity (Overhead Line Safety) Regulation 1991, or

(d)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.

(3)  A tree preservation order, and any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the area of the Council.

50 Exempt development

(1)  Development specified in Column 1 of Schedule 5 is exempt development in the circumstances set out in Column 2 of that Schedule opposite the development.

(2)  However, the development referred to in subclause (1) is not exempt development if it will be carried out on land within Zone No 1 (c), 1 (e), 9 (b) or 9 (c).

cll 50: Ins 26.3.1999.

51 Complying development

(1)  Development specified in Column 1 of Schedule 6 is complying development if:

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

(b)  the development is carried out in accordance with the development standards and other requirements specified in Column 2 of that Schedule for the development.

(2)  However, the development referred to in subclause (1) is not complying development if it will be carried out on land within Zone No 1 (c), 1 (e), 7, 9 (b) or 9 (c).

(3)  A complying development certificate issued for complying development is to be subject to the conditions for the development specified in Schedule 7.

cll 51: Ins 26.3.1999.

52 What are the restrictions on the location of a brothel?

Notwithstanding any other provision of this plan, the Council must not grant consent to development for the purposes of a brothel unless it is satisfied that the boundary of the site of the proposed brothel will be at least 150 metres by road from any of the following:

(a)  any existing dwelling,

(b)  any residential zone,

(c)  any place of public worship,

(d)  any place designed for and utilised by children, such as any child care centre, community facility, educational establishment, entertainment facility, recreation area or recreation facility,

(e)  any other brothel.

cll 52: Ins 13.7.2001.

53 What are the restrictions on the location of restricted premises?

Notwithstanding any other provision of this plan, the Council must not grant consent to development for the purpose of restricted premises unless the Council is satisfied that:

(a)  there will be no external advertising other than the name of the premises, and

(b)  there will be access to the premises via a public road, and

(c)  the boundary of the site of the restricted premises will be at least 150 metres by road from any other restricted premises, and

(d)  the boundary of the site of the restricted premises will be at least 150 metres by road from any existing dwelling.

cll 53: Ins 13.7.2001.

54 What are the specific provisions in relation to subdivision and development of land within the landfill buffer zone?

Development of land for residential purposes within the area identified on the map as the Landfill Buffer Zone, other than development for the purposes of the erection of a dwelling-house and associated buildings, is prohibited.

cll 54: Ins 2007 (532), Sch 1 [7].

55 Restriction on certain subdivisions—infrastructure, facilities and services

(1)  This clause applies to land shown as being within Zone No 2 or 2 (b) on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 21)”, but does not apply to such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act).

(2)  The object of this clause is to require assistance towards the provision of the following infrastructure, facilities and services to satisfy needs that arise from development on land to which this clause applies, but only if the land is developed intensively for urban purposes:

(a)  regional transport infrastructure,

(b)  education facilities and services provided by the State,

(c)  health facilities and services provided by the State,

(d)  facilities and services provided by the State for the purposes of emergency services.

(3)  Despite any other provision of this plan, the Council must not grant consent to the subdivision of land to which this clause applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of Tamworth Local Environmental Plan 1996 (Amendment No 21), unless the Director-General has certified in writing to the Council that satisfactory arrangements have been made to contribute to the provision of infrastructure, facilities and services referred to in subclause (2) in relation to that lot.

(4)  Subclause (3) does not apply to any lot:

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

(b)  that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose.

(5)  Subclause (3) does not apply to a subdivision for the purpose only of rectifying an encroachment on any existing allotment.

(6)  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.

cll 55: Ins 2007 (532), Sch 1 [7].

Schedule 1 Archaeological sites and potential archaeological sites

(Clause 6 (1))

Column 1	Column 2
Property description	Site

Note—

This Schedule is blank until material is inserted in accordance with clause 6 (1).

Schedule 2 Heritage items

(Clause 6 (1))

Column 1	Column 2	Column 3	Column 4
Street	Property	Item	Significance
Bourke Street
No 34	Railway lease 134146	House	Local
No 38	Pt Cnr Lot 10 Sec 33	House	Local
No 100	Lot 101 DP 548846	House	Local
Bridge Street
No 63	Lot 1 Sec E DP 91043	St Paul’s Church	Local
No 63	Lot 1 Sec E DP 91043	Retreat Theatre	Local
No 63	Lot 1 Sec E DP 91043	House beside Retreat Theatre	State
Britten Road
Lot 92	DP 259787	Grandstand (at race track)	Local
Brisbane Street
Nos 3–5	Cnr Lot 1 DP 583861	Regent Cinema	Local
Nos 87–93	Lot 1 Sec 15 DP 356314 & Pt Lot 10 Sec 15	Public Building (Mechanics)	State
No 102	Cnr Lot 1 Sec 34	House	Local
No 106	Cnr Pt Lot 10, Sec 46	House “Glen Moor”	Local
No 123	Cnr Lot 1 DP 104631	House	Local
No 126	Lot 419 DP 821635	School Residence	Local
No 129	Lot 4 DP 17530	House	Local
Nos 136–142	Lot 100 DP 800972	Main School Building “Calrossy”	Local
Nos 141A–141B	Pt Lot C Sec 62 DP 344900	House	Local
No 149	Cnr Lot A DP 17553	House	Local
Carthage Street
No 43	Lot 1 DP 197435	House	Local
No 45	Lot 1 DP 197221	House	Local
No 47	Lot 2 Sec 32	House	Local
No 64	Lot 1 Sec 48 DP 304624	House	Local
No 75	Sec 34 DP 318909	House	Local
No 77	Lot 1 Sec 34 DP 182227	House	Local
No 79	Lots 1 & 2 Sec 34 DP 322772	House	Local
No 81	Lot 81 DP 583551	House	Local
No 86	Pt Cnr Lot 2 Sec 46 DP 318909	Baptist Church	Local
No 89	Lot 1 Sec 34 DP 983675	House	Local
No 90	Lot 1 DP 552394	House “Salona”	State
No 92	Lot B Sec 46 DP 365446	House	Local
Nos 94–96	Lot 1 DP 170599 Sec 46 & Lot 1 DP 170696	House	Local
No 95	Pt Lot 2 Sec 34	House	Local
No 100	Lot 8A Sec 46 DP 409357	House	Local
No 102	Pt Lots 3, 4 & 6 & Lot 5 Sec 45	St John’s Church	Local
No 134	Lot 72 DP 525590	House	Local
No 138	Lot 2 DP 5740	House	Local
No 140	Cnr Lot 1 Sec 43 DP 5740	House	Local
No 142	Cnr Lot A Sec 42 DP 320339	House	Local
No 150	Lot A DP 334501	House	Local
No 153	Cnr Lot 1 Sec 39 DP 531644	House	Local
No 170	Lot 1 DP 500490	House	Local
No 178	Lot 43 DP 632655	House	Local
Church Street
No 15	Lot 1 Sec D DP 194218	House	Local
No 65	Lot 1 SP 32325	House	Local
No 75	Lot A Sec K DP 152966	House	Local
No 77	Lot B Sec K DP 152966	House	Local
No 79	Lot C Sec K DP 152966	House	Local
Crown Street
No 95	Lot 3 Sec G DP 329729	House	Local
No 97	Cnr Lot 4 Sec G DP 329729	House	Local
Darling Street
No 2	Pt Lot 18 Sec 18 DP 758951, Pt Lots 17 & 19 Sec 18	Old Courthouse Building	State
Cnr Peel & Darling Sts	Lot 21 DP 778033	Community Centre	State
No 8	Lot 100 Sec 18 DP 805150	House	Local
No 10	Lot 1 DP 782584	House	Local
No 16	Lot 2 Sec 18 DP 933812	House	Local
No 20	Lease 124570	Railway House	Local
Nos 30–32	Cnr Lot 1 Sec 32	Commercial Building	Local
No 61	Lot 1 Sec 53 DP 325982	House	Local
No 63	Lot 2 Sec 53 DP 325982	House	Local
No 65	Lot 3 Sec 53 DP 325982	House	Local
No 67	Pt Lot 9 Sec 53	House	Local
No 69	Pt Cnr Lot 9 Sec 53 DP 336903	House	Local
Denison Street
No 67	Pt Lot 7 Sec A	House	Local
No 89	Lot 4 Sec F DP 11334	House	Local
No 91	Cnr Lot 3 Sec F DP 11334	House	Local
No 99	Lot 2D Sec T DP 162035	House	Local
No 120	Pt Lot 15 Sec U	House “Carrick”	Local
No 138A	Lots 10–12 DP 38477	House “Calala”	State
Denne Street
No 93	Cnr Lot 2 Sec V DP 510902	House	Local
No 95	Lot 1 Sec V DP 510902	House	Local
No 115	Lot 6A Sec V DP 157655	House	Local
Evans Street
Cnr Goonan/Evans Streets	Por 110 Parish of Murroon	House	Local
Fitzroy Street
Nos 28–30	Pt Lot 20 Sec 15 DP 151279	Town Hall	Local
No 25	Lot 22 Sec 14 DP 758951	Lands Office	State
No 59	Lot 12 Sec 44 DP 304762	House	Local
No 76	Lot 22 Sec 45	House	Local
No 96	Lot 2 DP 513224	House	Local
No 98	Lots 49 & 50, Pt Lot 51 Sec 62 DP 507	House	Local
No 122	Lot A DP 27254	House	Local
Gipps Street
No 11	Cnr Lot B Sec I DP 155275	House	Local
No 14	Lot 3 Sec V DP 510902	House	Local
No 15	Lot C Sec H DP 162520	House	Local
No 17	Lot B Sec H DP 162520	House	Local
No 19	Lot A Sec H DP 162520	House	Local
No 21	Cnr Lot 1 Sec H DP 151413	House	Local
No 22	Lot 1 Sec U DP 743407	House	Local
No 26	Lot A Sec U DP 153716	House	Local
Griffin Avenue
No 37	Lot A Sec 33 DP 156986	Cottage	Local
No 39	Lot B Sec 33 DP 156986	Cottage	Local
No 41	Lot 1 Sec 33 DP 512536	Cottage	Local
No 44	Lot 4 Sec 33 DP 111544	Cottage	Local
No 46	Lot A Sec 33 DP 377663	Cottage	Local
No 47	Lot B Sec 33 DP 402188	Cottage	Local
No 48	Lot B Sec 33 DP 377663	Cottage	Local
No 51	Lot 5 DP 301132	Cottage	Local
No 54	Lot 1 Sec 33 DP 724223	Cottage	Local
No 56	Lot B Sec 33 DP 329817	Cottage	Local
No 68	Cnr Lot 1 Sec 34 DP 741788	House	Local
No 94	Lot 141 Sec 35 DP 602361	House	Local
No 96	Lot 142 Sec 35 DP 602361	House	Local
Hill Street
No 22	Lot 1 DP 803351	House	Local
No 28	Lot 7 Sec 37 DP 37897	House “The Pines”	Local
No 33	Lots 3 & 4 Sec 38	House	Local
No 43	Cnr Pt Lot 1 DP 330939	House	Local
No 65	Lots 5 & 6 Sec 58 DP 33006	House	Local
In & Out Streets
		West Tamworth Railway Station	Local
Johnston Street
Cnr Dean/Johnston Streets	Cnr Por 99 Parish of Tamworth & Pt Lot 2 DP 533835	Main Group of Hospital Buildings	Local
Cnr Dean/Johnston Streets	Lots 4 & 5 DP 809662	Tamworth Correctional Centre	State
King George V Avenue
No 1	Lots 21 & 22 DP 557775	House	Local
	Lot A DP 161615	House	Local
	Portion 8 Parish of Nemingha	House	Local
Macquarie Street
No 16	Cnr Lot A Sec 51 DP 415711	House	Local
No 18	Lot 2 DP 3151	House	Local
Marius Street
No 75	Pt Lot 4 Sec 28	House	Local
No 86	Pt Lot 1 Sec 30	House	Local
No 100	Cnr Lot 1 DP 745341	Hospital “Allambie”	Local
No 112	Lot 51 Sec 31 DP 518883	House “Marius Cottage”	Local
No 123	Lot 1 Sec 17 DP 743803	House	Local
No 130	Cnr Lot 1 DP 719438	House “St Austel”	Local
		Tamworth Railway Station	State
No 141	Lot 1 DP 620964	House “The Cottage”	Local
Nos 143–145	Lot 3 DP 629335	Old Hotel Building	Local
No 144	Lot 1 Sec 33 DP 724125	Wesleyan Church	Local
No 144	Lot 1 Sec 33 DP 724125	House	Local
No 147	Pt Lot 6 Sec 16 DP 188113 & Lot 1 Sec 16 DP 79182	Tamworth Hotel	Local
Nos 150–156	Lots 1–4 Sec 35	Church	Local
Nos 150–156	Lots 1–4 Sec 35	House	Local
Nos 191–195	Cnr Lot 89 Sec 15 DP 812988	Imperial Hotel	Local
Nos 204–208	Cnr Lot 10 DP 789014	House	Local
No 223	Lot 102 Sec 14 DP 629477	Old Convent Building	State
No 250	Lot 40 DP 736594	Power House Motel	Local
Napier Street
No 29	Lot 18A Sec 56 DP 435295	House	Local
No 31	Lot 171 DP 210747	House	Local
No 62	Lot A Sec 62 DP 376291	House “Girrawilla”	Local
No 66	Lot 41 DP 582260	House “Avondale”	Local
No 66A	Lot 42 DP 582260	House	Local
North Street
No 114	Cnr Lot 267 DP 716674	House	Local
No 116	Cnr Lot 1 DP 19805	House	Local
No 130	Lot B DP 362159	House	Local
No 132	Lot Y DP 381871	House	Local
Nundle Road
	Lot 1 DP 117363 Parish of Nemingha	House “Glenbrook”	Local
Out Street
No 1	Lot 501 DP 818474	House	Local
Parry Street
No 29	Lot 36 DP 21859	House	Local
Peel Street
Nos 48–50	Lot 16 DP 527133	House	Local
No 134	Lot 10, Sec 28 DP 528200 Pt Lot 15 Sec 28 DP 319201	Industrial Building	Local
Nos 146–148	Lot 6 Sec 28 DP 620371	Hotel Tattersalls	Local
No 164	Cnr Lot 4 Sec 28 DP 733156	Group of shops	Local
Nos 165–169	Lot 1 DP 118409	House Square Man Hotel	State
Nos 175–179	Lots 1 and 2 Sec 22 DP 100894	Old Flour Mill	Local
No 226	Lot 1 DP 783751	Commercial Building	Local
No 232	Lot 1 DP 744585	Courthouse Hotel	Local
Nos 235–237	Cnr Lot D Sec 1 DP 152783	Group of Shops	Local
No 239	Cnr Lot 1 Sec 2 DP 194694	Group of Shops	Local
Nos 260–264	Cnr Lot 1 Sec 17 DP 742754	Office building	Local
Nos 265–267	Lot 1 DP 201532	Shop	Local
No 277	Lots 1 & 2 DP 196730	Shop	Local
Nos 330–334	Lots 1–8 DP 19100	Central Hotel	Local
Nos 395–401	Cnr Lot 1 DP 555615	Hotel & Shops	Local
Cnr Peel & Fitzroy Sts	Cnr Lot 1 DP 773787	Post Office	State
Nos 400–401	Cnr Lot B Sec 15 DP 154125	National Australia Bank Building	Local
No 404	Lot 1, Sec 14 DP 154810 Lot 2, Sec 14 DP 510893 & Lot 1 DP 197246	Commonwealth Bank Building	Local
No 429	Lot 13, DP 253033	ANZ Bank Building	State
Nos 462–464	Pt Lot 14 Sec 13 DP 976614	Masonic Temple	Local
Nos 465–469	Pt Lot 2 Sec 4 DP 81235	Shops	Local
Piper Street
No 28	Lot 11 DP 509962	House	Local
Raglan Street
No 42	Lot 45 DP 736980	House	Local
No 64	Cnr Lot 1 DP 203220	House	Local
Rawson Avenue
No 10	Lot 15 DP 1575	House	Local
No 14	Lot 13 DP 1575	House	Local
No 19	Lot 6 DP 9342	House	Local
No 21	Lot 5 DP 9342	House	Local
No 23	Cnr Lot 4 DP 9342	House	Local
No 62	Lot 1 Sec 45 DP 930911 & Lot 1 DP 772206	House	Local
Roderick Street
No 35	Pt Lots 1–3 & Lot B Sec 41 DP 412256	House	Local
No 65	Lot 18 Sec 59	House	Local
No 79	Lot 18 Sec 66	House	Local
Upper Street
No 24	Lot 11 Sec 52 DP 2908	House	Local
No 32	Lot 1 Sec 53 DP 16452	House “Shield Hill”	State
No 38	Lot 51 Sec 56 DP 525256	House	Local
No 40	Lot 52 Sec 56 DP 525256	House	Local
No 44	Cnr Lot 54 Sec 56 DP 543039	House	Local
Nos 51–53	Pt Cnr Lot 2 & Pt Lots 2 & 3 Sec 46 DP 281	House	Local
No 55	Lot 1 Sec 46 DP 281	House	Local
No 57	Lot 6 Sec 46 DP 281	House	Local
No 59	Lot 7 Sec 46 DP 281	House	Local
Cnr Upper & Brisbane Sts	Cnr Lot 419 DP 821635	Tamworth Primary School	Local
No 83	Lot 1 Sec 45 DP 14279	House	Local
No 89	Pt Cnr Lot 19 Sec 44	House	Local
No 117	Lot 131 Sec 43 DP 504991	House	Local
No 119	Pt Lot 12 Sec 43	House	Local
No 121	Cnr Lot A Sec 43 DP 398327	House	Local
White Street
No 15	Lot 5 Sec 13 DP 32608	Tamworth Club	Local
No 18	Cnr Lot 103 Sec 14 DP 629477	St Nicholas Church	Local
No 34	Cnr Lot 13 Sec 44 DP 4457	House	Local
No 46A	Cnr Lot 2 Sec 56 DP 414091	House	Local
No 46	Lot 3 Sec 56 DP 414091	House	Local
No 47	Cnr Lot 1 Sec 43 DP 202888	House	Local
No 48	Cnr Lot A Sec 56 DP 954555	House	Local
No 50	Lot B Sec 56 DP 954555	House	Local
No 52	Lot C Sec 56 DP 954555	House	Local
Nos 53–55	Cnr Lots 19–20 Sec 43	House “Glen Evilly”	Local
No 56	Pt Lot 12 Sec 56	House	Local
No 69	Cnr Lot 11 Sec 57 DP 519459	House “Minna-murra”	Local
No 72	Pt Lot 12 Sec 63	House “Broms-grove”	Local
No 77	Cnr Lot A Sec 64 DP 346149	House	Local
No 79	Cnr Lot 1 Sec 64 DP 120697	House	Local

European archaeological sites and structures of environmental heritage

Column 1	Column 2	Column 3	Column 4
Street	Property	Item	Significance
Armidale Road
Lot 40	DP 736594	Power House Monument	Local
Bourke St
Over Bourke Street		East Tamworth Station Pedestrian Bridge	Local
Brisbane St
Nos 78–80	Lot 1 DP 318176 Sec 16	Shopfront Glass	Local
	Part Sec 55	Anzac Park Gates	Local
	Part Sec 55	Anzac Park Gazebo	Local
Denison St
No 138A	Lots 10–12 DP 38477	Slab Hut near Calala	State
Endeavour Drive
Entrance to Endeavour Drive off Brisbane Street		Street Lights	Local
Gipps Street
		War Memorial	Local
King George V Avenue
	Cnr Portion 9 Parish of Nemingha	Tobacco Kiln	State
	Cnr Lot 13 DP 62854	Tobacco Kiln	State
Cnr Scott Road		Wells & Pumping Station	State
Peel Street		Western Railway Viaduct	State
		Railway Bridge	State
		Eastern Railway Viaduct	State
	Lot 20 DP 778033	Electrical Showroom	State
Scott Road
South bank		Wells off Peel River	State
Peel River bank & Scott Road		Wells	State
	DP 826572	Tobacco Kiln	State
Showground Road
	Pt Lot 1 DP 164889	Monuments at the Tamworth Cemetery	Local
Tribe Street
Cnr Piper & Peel Streets		Monument	Local

Schedule 3 Development for certain additional purposes

(Clause 36)

Column 1	Column 2
Lot 27 DP 550161, Corner of Gipps and Ebsworth Streets, Tamworth.	Subdivision into 2 allotments.
Portion 161 and so much of Portions 162 and 241 Parish of Tamworth as are within the area of the City of Tamworth and Lot 37 in DP 746871 “Marengo” Tintinhull Road.	Subdivision into 6 allotments.
Lots 1 and 2 DP 362064.	Subdivision into 4 allotments.
Lot 7 DP 755334 King George V Memorial Avenue.	Replacement of the existing dwelling-house.
Lot 1, DP 955746 King George V Memorial Avenue.	Replacement of the existing dwelling-house.
Lot 1 DP 115017; Lot 2 DP 200759 and Lot 4 DP 225554, Calala Lane.	Subdivision into 2 allotments.
Area 2 in Lot 32 DP 602465 Daruka Road as defined in the submission lodged by Brown & Krippner Pty Ltd for Eagle Grange Pty Ltd.	Subdivision into 8 allotments, and the erection of a single dwelling on each allotment.
Lot 7 DP 537934 Burgmanns Lane.	Subdivision into 2 allotments.
Lot 42 DP 634508 Burgmanns Lane.	Subdivision into 2 allotments.
Lot 146 DP 567234 Moore Creek Road.	Subdivision into 2 allotments.
Lot 45 DP 611323 “Shangarry” Higgins Lane.	Subdivision to excise the existing dwelling-house subject to consolidation of the residue parcel with Lot 2 DP 818559 “Orley Park”.
Lot 1211 DP 790684, 490 Peel Street, Tamworth.	Major commercial premises, major retail premises, other land uses not prohibited in Zone No 3 (a), or any combination of the above land uses, provided that the gross floor area of 3000 square metres is not exceeded.
Lot 8 DP 773136, Nos 67–81 Bridge Street, West Tamworth.	Extensions to the existing major retail premises known as “Tamworth ShoppingWorld”, for the purpose of a shop with a gross floor area of not more than 257 square metres, to replace a temporary garden display area.
Lots 1 and 2 DP 37341, Railway Street, Nemingha.	Vehicle repair station.
Lot 1 DP 817048, Piper Street, Tamworth.	Extension to the existing supermarket, being major retail premises, to provide an Additional floor area of not more than 728m2.
Closed road, formerly part of Links Avenue, Tamworth, as shown coloured light blue on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 13)”.	Extension to the existing supermarket, being major retail premises, to provide an additional floor area of not more than 220m2.
Lot 2, DP 563441 and Lot 3, DP 222686, Kathleen Street, Tamworth.	Extension to the existing supermarket, being major retail premises, to provide an additional gross floor area of not more than 1,400 m2.

sch 3: Am 13.12.1996; 30.10.1998; 8.1.1999; 19.5.2000; 14.7.2000; 2007 (547), cl 4.

Schedule 4 Classification and reclassification of public land

(Clause 48)

Part 1

Column 1	Column 2
Property Description	Classification
Lot 2 DP 815862, Kent Street Tamworth	Operational
Lot 46 DP 549543, Green Street Tamworth	Operational
Lot 3 DP 217032, Lockheed Street Tamworth	Operational
Lot 43 DP 975280, Plain Street Tamworth	Operational
Lot 36 DP 854586, fronting Brisbane Street and Marius Street, Tamworth	Operational
Lot 467 DP 871160, Peel Street Tamworth	Operational

Part 2

Tamworth
Anne Street	Part Lot 4 DP 211713, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 1”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Anne Street	Part Lot 4 DP 211713, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 1”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Armidale Road	Lot 1 DP 238660, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 1”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Armidale Road	Lot 1 DP 842342, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 1”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Bass Street	Lot 701 DP 755333, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 1”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Bass Street	Lot 119 DP 755333, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 1”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Bass Street	Lot 5 DP 718502, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Belmore Street	Part DP 975057 Public Reserve, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Calala Lane	Lot 3 DP 607266, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Cockburn Street	Part Lot 11 DP 786997, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Cockburn Street	Lot 26 DP 79958, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
East Street	Part Lot 11 DP 786997, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Ebsworth Street	Lot 32 DP 1011797, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Fitzroy Street	Lot 37 DP 854586, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 10)”—Tamworth Local Environmental Plan 1996 (Amendment No 10).
Flynn Street	Lot 14 DP 251733, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Gidley Street	Part DP 975057 Public Reserve, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 3”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Gunnedah Road	Lot 3 DP 878642, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 15)”—Tamworth Local Environmental Plan 1996 (Amendment No 15).
Jewry Street	Lot 1 DP 217032, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 3”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Johnston Street	Part Lot 110 DP 753848, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 3”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Kable Avenue	Lot 6 DP 758951, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 3”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Kent Street	Lot 1 DP 815862, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 11)”—Tamworth Local Environmental Plan 1996 (Amendment No 11).
Kent Street	Part Lots 12, 13, 14, 15, 16, 17 & 18 Sec A, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 3”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Macquarie Street	Sec 18 Pt Cnr Lot 9, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 3”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Marius Street	Portion 70 Parish of Tamworth, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 4”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Marius Street	Lot 16 DP 858511, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 4”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Marius Street	Lot 17 DP 858511, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 4”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Marius Street	Sec 24, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 4”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Marius Street	Lot 2 DP 781317, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Mathews Street	Cnr Lot 2 DP 225038, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 4”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Moore Creek Road	Reserve No 87996, Parish of Tamworth, as shown cross-hatched on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 21)”.
Napier Street	Lot 3 DP 781317, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 4”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Nemingha Heights Road	Lot 10 DP 246051, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
New England Highway	Lot 112 DP 854401, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
New Winton Road	Lots 50 & 51 DP 857198, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Park Street	Cnr Lot 3 DP 815862, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Parry Street	Lots 1 & 2 DP 507522, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Peel Street	Lot 94 DP 832628, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 2”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Peel Street	Sec 7 Public Reserve, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Peel Street	Cnr Lot 1 DP 781317, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 5”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Peel Street	Lot 15 DP 858511, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 6”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Peel Street	Lot 15 DP 57222, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 6”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Peel Street	Lot 20 DP 778033, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 6”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Piper Street	Part Portion 91 Parish of Tamworth, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 6”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Piper Street	Part Lots 1 & 2 DP 316594, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 6”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Rentell Street	Lots 44 & 45 DP 826112, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 6”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Reservoir Street	Lot 1 Sec C DP 414587, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 7”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Smith Street	Lot 1 DP 109350, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 7”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Somerset Place	Lot 17 DP 254199, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 7”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Sue Crescent	Lot 177 DP 241595, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 7”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Wallamore Road	Lot 431 DP 577935, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 7”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Warral Road	Lot 2 DP 611738, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 7”—Tamworth Local Environmental Plan 1996 (Amendment No 17).
Woodward Avenue	Lot 2 DP 522088, as shown edged heavy black on the map marked “Tamworth Local Environmental Plan 1996 (Amendment No 17) Sheet 8”—Tamworth Local Environmental Plan 1996 (Amendment No 17).

sch 4: Am 27.9.1996; 22.1.1999; 22.10.1999; 24.12.1999; 6.4.2001; 1.3.2002; 2007 (532), Sch 1 [8].

Schedule 5 Exempt development

(Clause 50)

Column 1	Column 2
Development	Circumstances for exemption
Access ramps Construction of access ramps suitable for use by the disabled and associated with a dwelling-house.	Size:	Maximum height of 1 metre above ground level (ie the ground level prior to the commencement of any construction on the site). Maximum grade 1:14 and otherwise in compliance with AS 1428.1–1998. Constructed to comply with the Building Code of Australia.
	Siting:	Located wholly within the boundaries of the allotment and does not contravene Council’s adopted building line.
Aerials Erection and use of aerials, antennae or radio masts (not including satellite dishes or microwave antennae).	Usage:	Domestic use only. Maximum of one per dwelling.
	Siting:	Located wholly within the boundaries of the allotment and does not contravene Council’s adopted building line.
	Structure:	Clearance from power lines is to be in accordance with the requirements of NorthPower. Maximum of 6 metres above natural ground and supported on suitable galvanised steel brackets on a minimum 450mm diameter and 900mm deep footings belled at the bottoms on uniform stable ground (alternatively, an engineer’s certification for the structure and footings is to be obtained and observed).
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
	Heritage:	Not to be erected on a property listed as a heritage item.
	Airconditioning units Installation and use of airconditioning units ancillary to dwellings (attached to external wall or ground mounted).	Siting:	Located a minimum of 3 metres from any allotment boundary. The structure must not contravene Council’s adopted building line.
	Structure:	Any building work (including cutting an opening into a wall), must be constructed to comply with the Building Code of Australia.
	Noise control:	Not to be audible in a neighbour’s residence between the following hours: •  10:00pm to 7:00am weekdays, •  10:00pm to 8:00am weekends and public holidays, At all other times, the noise level must not exceed 5dBA above ambient background noise level measured at the allotment boundary.
	Heritage:	Not to be erected on a property listed as a heritage item.
	Ancillary development Carrying out of landscaping, gardening, paving or the erection of minor structures that is or are ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful existing use (as defined in section 106 of the Act).	Siting:	Any ancillary structure is erected at least 1 metre from each boundary of the property and extends no more than 3 metres above natural ground level.
	Structure:	Any ancillary structure, paving or hard surface area covers not more than 25 square metres.
	Excavation:	The development does not involve excavation beyond 600 millimetres below natural ground level.
	Usage:	The development does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment.
	Advertising:	The development does not involve the display of an advertisement unless allowed by some other provision of this plan.
	Materials:	Any ancillary structure located in a fire protection zone or an asset protection zone identified in a bush fire risk management plan in force under the Rural Fires Act 1997 is made of non-combustible materials.
Awnings, canopies and storm blinds Addition to a dwelling-house of a roof-like shelter of canvas, metal or timber, located over a window or door for protection from the weather.	Siting:	Located wholly within the allotment boundaries. The structure must not contravene Council’s adopted building line. Not to extend to within 900mm from the side or rear boundary.
	Maximum size:	Area of 10m2.
	Structure:	Consisting of a roof only (but may include supporting posts). Any concrete floors immediately below are to be a minimum 100mm thick and reinforced with F62 mesh.
	Roofwater Control:	Awnings other than cantilever type must be drained by guttering, downpiping and stormwater piping to either the street gutter or a stormwater main.
	Services:	Must be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easements.
	Heritage:	Not to be erected on a property listed as a heritage item.
Barbeques associated with dwellings Erection and use of barbeques that are ordinarily incidental or ancillary to a dwelling.	Maximum size:	Barbeque plate area of 1.5m2.
	Siting:	Located wholly within the boundaries of the allotment. Not to be within 900mm of the side or rear boundary. The structure must not contravene Council’s adopted building line. Not to be within 6 metres of an LPG tank other than the energy source for the barbeque.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
	Heritage:	Not to be erected on a property listed as a heritage item.
	Usage:	Not to be used for commercial purposes.
Bird aviaries Erection and use of bird aviaries for domestic purposes only, but not for keeping of fowls (see “Fowl house”) associated with a dwelling-house.	Maximum size:	13.5m2 floor area. 2.1 metres high.
	Structure:	Must be comprised only of non-reflective materials and prefabricated metal. To be fixed down to a reinforced concrete slab having a minimum thickness of 100mm to be reinforced with F62 mesh on uniform stable ground. Reinforcement steel to be placed between 25–30mm below the top of the finished slab and mesh lapped by 225mm. Not to be constructed over house surcharge/overflow gully.
	Stormwater:	Not to discharge onto adjoining properties, except where directed to street gutter or stormwater main.
	Siting:	Located wholly within the boundaries of the allotment. The structure must not contravene Council’s adopted building line.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easement.
	Heritage:	Not to be erected on a property listed as a heritage item.
Building alterations Alterations to a building or work comprising non-structural alterations to its exterior, such as painting, plastering, cement rendering, cladding, attaching fittings and decorative work, and interior alterations to a building that do not affect the load-bearing capacity of any load-bearing component of the building.	Heritage:	No alterations to be made to a property listed as a heritage item.
Building site sheds, offices and associated amenities buildings Erection and use of any such sheds, offices and buildings.	Siting:	Located wholly within the boundaries of the allotment.
	Periods:	To be removed immediately after completion of construction work and prior to occupation of the building. To be removed within 12 months of installation on the site regardless of time of occupation.
	Structure:	Supported on a substructure and tied down to ground anchors or footing pads. To be so constructed that the buildings can be removed from the site within 24 hours notice. An engineer’s certification for the structure is to be obtained and observed.
	Drainage:	All sanitary fixtures are to be connected to Council’s service mains at a point of connection provided by Council. All work is to be carried out in accordance with the requirements of the NSW Plumbing and Drainage Code by a licensed plumber and drainer. There is to be no alteration of, or cutting into, Council’s mains.
	Electrical:	Any electrical connection is to be in accordance with the requirements of NorthPower.
	Usage:	The building must not be occupied or used for residential purposes, for the storage or handling of inflammable materials, or later than 12 months after installation.
Bus shelters Erection and use of bus shelters.		Must be designed and constructed by or on behalf of Council. An engineer’s certification for the structure and footings is to be obtained and observed. Not to obstruct the line of sight of vehicular traffic along the road. A maximum roof height of 2.7 metres above the footpath. Must have a surface area of less than 10m2. Non-reflective surface finishes.
Changes of use of a building A different use of a building resulting from a change of its use: from one type of shop to another type of shop OR from one type of commercial premises to another type of commercial premises OR from a social or sporting club (other than a club registered under the Registered Clubs Act 1976) or a community or cultural centre to any other of those clubs or centres. Includes related changes to signage on the building.	Food shop:	Complies with the standards of the Food Act 1989 and the Australian Institute of Health Surveyor’s National Food Premises Code.
	Hairdressing salons, beauticians & premises used for skin penetration:	Complies with the requirements of the Local Government (Orders) Regulation 1993.
	Signage:	Only one underawning sign, one top hamper sign and one fascia sign may be erected or installed, which must be done in accordance with the provisions of Development Control Plan No 3—Outdoor Advertising Guidelines.
Clothes hoists/lines Erection and use of clothes hoists or lines associated with a dwelling-house.	Siting:	Located wholly within the boundaries of the allotment. The structure must not contravene Council’s adopted building line.
	Structure:	Must be installed to manufacturer’s specifications.
	Screening:	Must not be visible from a public road or other public place.
	Services:	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easements.
Cubby houses and playground equipment Erection and use of cubby houses or playground equipment associated with a dwelling-house or a recreation area.	Maximum size:	Covering an area of not more than 10m2. Not more than 2.1 metres high.
	Structure:	Non-reflective surfaces. Cubby houses to be fixed down to a reinforced concrete slab having a minimum thickness of 100mm and reinforced with F62 mesh, or, in the case of a timber floor, to concrete pad footings, a minimum 300mm in diameter and 450mm deep or to posts embedded a minimum 450mm into the ground. Not to be constructed over house surcharge/overflow gully. All equipment must be installed in accordance with the manufacturer’s instructions and comply with relevant Australian Standards (AS 1924.1–1981, AS 1924.2–1981, AS 4422:1996 and AS 4486:1997). Safety arrangements are to be in accordance with the Building Code of Australia, and must include the provision of a soft landing surface.
	Stormwater:	Not to discharge onto adjoining properties, except where directed to street gutter or stormwater main.
	Siting:	Located wholly within the boundaries of the allotment. The structure must not contravene Council’s adopted building line.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert. Not to encroach into any registered easements.
	Heritage:	Not to be erected on a property listed as a heritage item.
Decks Erection and use of unroofed decks attached to a dwelling-house that is not located in an area identified by Council as bushfire prone.	Maximum size:	10m2 in area. 1.5 metres in width.
	Maximum height:	1 metre in height above ground.
	Structure:	Decks to be timber construction, supporting posts may be metal or concrete. Timber species used to be of durability Class 1 or 2: Class 1 Cypress (white) Ironbark Tallowood Turpentine Grey Gum Class 2 New England Blackbutt Blackbutt Kwila (Merbau) Spotted Gum Western Red Cedar River Red Gum Stringybark, yellow & white Minimum sizes of members: Posts 75 × 75mm (timber or steel) Bearers 100 × 75mm maximum span 1.4m 125 × 75mm maximum span 1.7m 150 × 75mm maximum span 2.1m 150 × 50mm maximum span 1.7m 200 × 50mm maximum span 2.4m Joists 100 × 38mm or greater at a maximum 600mm centres
	Footings:	A minimum 450mm2× 200mm deep.
	Connections:	Each post to be fixed to footings by a minimum of two 10mm bolts. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75mm above the finished ground and/or pavement level. Bracing is to be installed to provide lateral support.
	Siting:	Located wholly within the boundaries of the allotment. The structure must not contravene Council’s adopted building line. Not to extend closer than 900mm to the side or rear boundaries.
	Services:	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easements.
	Heritage:	Not to be erected on a property listed as a heritage item.
Fences Erection of fences associated with a dwelling-house (other than fences covered by the Swimming Pools Act 1992).	General:	All fences are to be constructed so that they do not prevent the natural flow of stormwater drainage.
	Boundary fences (between building line and street):	Maximum height of 1 metre if constructed of timber, metal or lightweight materials.
	Side and rear fences (between building line and rear boundary):	Maximum height of 1.8 metres if constructed of timber, metal or lightweight materials.
	Masonry or brick:	Maximum height of 600mm.
Flag poles Erection and use of flag poles.	Height:	Maximum of 6 metres above ground level.
	Siting:	Located wholly within the boundaries of the allotment. Not more than one flag pole per allotment. If flagpoles are to project over a public road, the poles and the flags suspended from them are to be at least 3.6 metres above the pathway level of the road and they are not to project over the carriageway of the road and not to interfere with public services.
	Structure:	Free-standing and not relying on other structures for support. Clearance from power lines is to be in accordance with the requirements of NorthPower. Supported on suitable galvanised steel brackets on a minimum 450mm diameter and 900mm deep footings belled at the bottoms on uniform stable ground.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easements.
Fowl house Erection and use of fowl house (for the keeping of chickens, hens and roosters).	Dimensions:	Maximum area of 50m2. Maximum height of 3 metres.
	Siting:	In Zone No 1 (a) only. Not more than 1 fowl house per allotment.
	Structure:	Materials used must blend with the location and have non-reflective surfaces.
	Services:	Drainage must be provided.
Fuel tanks Installation of fuel tanks to be used in conjunction with agricultural activities on the property on which they are situated.	Maximum size:	Size by volume—5000 litres.
	Siting:	In Zone No 1 (a) only. Located wholly within the boundaries of the allotment. Clearance from power lines to be in accordance with NorthPower’s requirements. Not to encroach on any registered easements.
	Structure:	Constructed of prefabricated material, free-standing and not relying on other structures for support and erected in accordance with manufacturer’s specification. Kept in accordance with AS 1940–1993—The Storage and handling of flammable and combustible liquids.
	Setback:	Not to be erected within 20 metres of the street boundary or within 4 metres of the side or rear boundary.
Garden sheds, gazebos, greenhouses Erection and use of garden sheds, gazebos and greenhouses associated with a dwelling-house.	Maximum size:	13.5m2 in area. 2.1 metres high.
	Structure:	Non-reflective surfaces. Must consist of prefabricated metal components. Installed to manufacturer’s specifications. To be fixed down to a reinforced concrete slab having a minimum thickness of 100mm to be reinforced with F62 mesh on uniform stable ground. Reinforcement steel to be placed between 25–30mm below the top of the finished slab and mesh lapped by 225mm. Not to be constructed over house surcharge/overflow gully.
	Stormwater:	Not to discharge onto adjoining properties, but may be directed to street gutter or stormwater main.
	Siting:	Located wholly within the boundaries of the allotment and in the rear yard of the premises. The structure must not contravene Council’s adopted building line. Not more than 1 each of a garden shed, gazebo or greenhouse to be erected on the allotment without consent.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easements.
	Heritage:	Not to be erected on a property listed as a heritage item.
Goal posts, sight screens and similar ancillary sporting structures Erection of goal posts, sight screens and similar ancillary sporting structures on sporting or playing fields for use in the playing or performance of sporting events (excluding grandstands, dressing sheds and other structures).	Siting:	Constructed by or for Council and installed in accordance with relevant SAA standards (if any) and Building Code of Australia. Located in public parks or recreation areas.
	Structure:	Buildings that accommodate people excluded.
Internal alterations to a dwelling-house.	Type:	Non-structural work only such as: •  replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, •  renovations of bathrooms and kitchens by inclusion of built-in fixtures such as vanities, cupboards and wardrobes. Applies only to alterations or renovations to previously completed buildings. Work not to include changes to the configuration of rooms whether by removal of existing walls, partitions or other means. Work not to cause reduced window arrangements for light and ventilation needs or reduced doorways for egress purposes or to involve enclosures of open areas.
	Plumbing and Drainage:	There is to be no work that would alter the drainage diagram for the property. Any alterations to plumbing and drainage are to be carried out by a person licensed by the Department of Fair Trading as a plumber to carry out that work.
	Work:	Any work involving asbestos cement should comply with the WorkCover Authority’s “Guidelines for Practices Involving Asbestos Cement in Buildings”. Any work involving lead paint removal must not cause lead contamination of air or ground.
Lattice enclosure Erection of a lattice enclose associated with a dwelling-house.	Type of building:	Existing verandah, pergola, patio or carport.
	Siting:	900mm from the allotment boundaries. The structure must not contravene Council’s adopted building line.
	Services:	The building or part of the building must not be erected over a sewer main or stormwater main.
	Heritage:	Not to be erected on a property listed as a heritage item.
Letter box Erection and use of a letter box (free-standing or in “banks”).	Structure:	Maximum height of 1.2 metres above ground level. One box for each occupancy. Appropriate numbering for each box. Structurally stable with adequate footings. Not to encroach onto the road reserve.
Machinery or Hay Sheds Erection and use of machinery or hay sheds in Zone No 1 (a) only.	Structure:	Maximum of 120m2 area. Maximum height of 6 metres. Constructed to comply with the Building Code of Australia. Constructed of non-reflective materials and prefabricated metal. Roofwater is not to discharge onto adjoining properties and is to be directed to a water tank of at least 3 metres clear of any structure. Located wholly within the boundaries of the allotment and not within 20 metres of a boundary adjoining a road or within 4 metres to rear and side boundaries. Not to encroach into any registered easements. To be located a distance of 1 metre from any septic disposal area or other services. Clearance from power lines is to be in accordance with the requirements of NorthPower.
Microwave Antennae Erection and use of microwave antennae for subscription television associated with a dwelling-house.	Usage:	Domestic use only.
	Maximum size:	Reflector element not to exceed 650mm2.
	Siting:	Not to exceed 3.6 metres above the roof line. Located wholly within the boundaries of the allotment.
Park and street furniture Erection and use of seats, bins, picnic tables and minor shelters but not bus shelters.	Structure:	Constructed by or on behalf of Council and designed, fabricated and installed in accordance with relevant SAA standards (if any) and Building Code of Australia.
	Siting:	Located on land under control of Council.
Patio Erection and use of patio at ground level abutting a dwelling-house.		Not to exceed an area of 20m2. Stormwater from patio surface not to be redirected onto adjoining properties. Sufficient step down is to be provided to prevent the entry of water into the dwelling. Constructed to comply with the Building Code of Australia.
Pergola, trellis, awning or single carport Erection and use of a pergola, trellis, awning or carport (for one car only) associated with a dwelling-house.	Maximum size:	Maximum area of 24m2. Maximum height of 2.4 metres at one point and may increase with the slope of the land to 3.0 metres.
	Cladding:	Roof cladding may be shade cloth, light timber, battens, lattice or lightweight metal or translucent material.
	Structure:	An open structure with no enclosing walls. May be metal or timber construction. If timber construction, the species shall be Durability Class 1 or 2 (see “Decks”). Durability Class 3 or 4 such as oregon or radiata pine may be used if the timber is painted, stained or oiled prior to fabrication. Minimum sizes for timber construction: Posts 75 × 75mm (timber or steel) Rafters 100 × 50mm maximum span 2.3 metres 125 × 50mm maximum span 3.0 metres 150 × 50mm maximum span 3.6 metres Beams 100 × 50mm maximum span 1.6 metres 150 × 50mm maximum span 2.1 metres 200 × 50mm maximum span 2.7 metres 200 × 75mm maximum span 3.0 metres If steel construction, it may be prefabricated design or constructed of component sizes as specified below: Posts 75 × 75mm RHS or 75mm diameter pipe Beams C10015 maximum span 3.0 metres C15015 maximum span 6.0 metres Purlins 61mm Top Hat purlin maximum span 3.0 metres All components are to be welded or bolted together using mild steel brackets having a minimum thickness of 3mm. Tek screws are NOT to be used for that purpose except for fixing Top Hat type purlins.
	Footings:	100mm reinforced concrete slab thickened to 150mm at external perimeter, OR 300mm diameter × 450mm deep pad footing unroofed or, if roofed, 450mm diameter × 600mm deep. The floor or footings must not cover or adversely affect the existing sub-floor ventilation to associated buildings.
	Connections:	Posts to be fixed to footings by a minimum two 10mm bolts. Timber posts are to be connected by metal brackets so that the bottom of the post is a minimum 75mm above the finished ground and/or pavement level. Timber rafters attached to a building are to be fixed to a plate of minimum size 100 × 50mm bolted or coach screwed to the fascia or external cladding. Bracing is to be installed as required to provide lateral support.
	Siting:	Located wholly within the boundaries of the allotment. The structure must not contravene Council’s adopted building line. The structure is not to extend closer than 900mm from the side or rear boundaries if erected within 900mm of a dwelling.
	Drainage:	Roof waters are to be drained to a stormwater main or to the street gutter.
	Services:	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easement.
	Heritage:	Not to be erected on a property listed as a heritage item.
Playground equipment Erection and use of playground equipment on Council-owned land.	Structure:	Constructed by or on behalf of Council and designed, fabricated and installed in accordance with AS 1924.1–1981, AS 1924.2–1981, AS 4422:1996 and AS 4486.1:1997.
Recladding of existing dwelling-house or detached building associated with a dwelling-house.	Walls:	Accredited* lightweight product NOT concrete or masonry Fixed in accordance with AS 1562.3:1996, AS 4040.4:1996 and AS 4040.5:1996. No alteration to services. No alteration to the size or shape of the existing building. Not to protrude any more than 50mm from the line of the existing cladding. Low-reflective finish.
	Roof:	Accredited* material of similar weight to or of less weight than existing cladding, ie existing tiled roof reclad with roof tiles or existing metal clad roof reclad with metal cladding. Fixed in accordance with manufacturer’s recommendations and standards. Roofwater controlled by roof guttering, downpipes and stormwater drainage connected to the street gutter or stormwater mains at an existing point of connection.
	Heritage:	Not to be erected on a property listed as a heritage item.
	Work:	Any work involving asbestos cement should comply with the WorkCover Authority’s “Guidelines for Practices Involving Asbestos Cement in Buildings”. Any work involving lead paint removal must not cause lead contamination of air or ground.
	Note— * Accredited as used above means a product that has a satisfactory appraisal issued by a registered testing authority or which is to an acceptable Standards Australia Association standard.
Retaining wall Erection of retaining wall associated with a dwelling-house.	Siting:	Located wholly within the boundaries of the allotment.
	Maximum height:	Maximum of 600mm high.
	Structure:	Footing 450mm wide × 300mm deep Reinforced 1 layer F8TM top and bottom R6 ligatures at maximum 1.2 metres centres on stable uniform foundations. Wall 230mm thickness brickwork (or 2 skins of brickwork), or 200mm of reinforced concrete block work filled with concrete and reinforced with twelve [12] millimetre bars at 400mm centres. Drainage Agricultural drainage discharging onto the property or to the street gutter to a stormwater main, or Weep holes if the discharge does not enter adjoining properties.
	Compliance with Standards:	Masonry walls to comply with: AS 3700–1998—SAA Masonry Code AS 3600–1994—Concrete structures AS 1170.1–1989—Loading Code—Dead and live loads and load combinations. Timber walls to comply with: AS 1720.1–1997—Timber Structures—Design methods AS 1170.1–1989—Loading Code—Dead and live load and load combinations. All retaining walls are to be constructed so that they do not prevent the natural flow of stormwater drainage run-off.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easements.
Satellite dishes Erection and use of satellite dishes associated with a dwelling-house.	Usage:	Domestic use only.
	Maximum size:	Dish not to exceed 900mm diameter excluding any projecting feed element.
	Siting:	Dish installation not to project above the ridge line of a building. Dish is not to be mounted on the facade or roof of a building at its frontage to a public road. Located wholly within the boundaries of the allotment. The dwelling-house must not be located in contravention of Council’s adopted building line. Not to extend closer than 900mm from the side or rear boundaries if erected within 900mm of a dwelling.
	Services:	To be erected a minimum 1 metre from any Council sewer main or stormwater main. Not to encroach into any registered easements.
	Heritage:	Not to be erected on a property listed as a heritage item.
Scaffolding Erection of scaffolding.	Siting:	Not to encroach onto footpath, public thoroughfare or adjoining property. Encroachments onto adjoining properties are permitted when the consent of the adjoining property owner is obtained.
	Heritage:	No scaffolding is to be provided to any building or structure identified as a heritage item.
	Safety:	Erected in accordance with the WorkCover Authority’s requirements.
Security Fences Erection and use of security fences.		Must be chain-wire fences around Council-owned compounds and depots only.
Signs Erection of the following signs: (1)  Business identification signs erected over a public road in a zone allowing business uses.	(a)  General requirements: (i)  the erection of any advertising structure must comply with the Building Code of Australia, including Section B1 (“Structural Provisions”), (ii)  signs must not cover mechanical ventilation inlet or outlet vents, and (iii)  advertising structures over public road to be at least 600mm from the vertical projection of the kerb lines. (b)  In addition, for suspended under awning signs: (i)  one per premises, (ii)  securely fixed by metal supports, (iii)  not exceeding 1.5m2 in area, and (iv)  if over a public road, suspended at a height no less than 2.6 metres above ground/pavement area. (c)  In addition, for top hamper signs: (i)  one per premises, (ii)  securely fixed, (iii)  not exceeding 2.5m2 in area, and (iv)  not erected on a heritage item unless using existing fixings approved at an earlier time by the Council in connection with a sign.
(2)  Commercial signs for the following types of advertisements: an internal shop window display; any advertisements which are not visible from a public road, river, railway or public park; a change of message for an existing unilluminated sign in Zone No 3 (a), 3 (a1) or 4 for which consent has been granted; change of message for an existing illuminated sign for which consent has been granted, where there is no increase in the area of the sign or intensity of illumination in Zone No 3 (a), 3 (a1) or 4; a commercial sign, being an advertisement, whether illuminated or not; a temporary advertisement which is displayed for a period or periods not exceeding two months in total in any one year; a public notice in a public reserve.
(3)  Directional signs for the specific purpose of directing the travelling public to a tourist facility, or to buildings or places of scientific, historical or scenic interest.	(d)  In addition, for directional signs: (i)  the advertisement must relate to a specific building or place, (ii)  the principal purpose of the advertisement must be to direct the travelling public to that building or place, and (iii)  the dimensions and overall size of the advertisement must be not larger than 2 metres × 2 metres.
(4)  Street signs comprising name plates, directional signs and advance traffic warning signs.	(e)  In addition, for street signs:
	Siting:	Constructed by, or on behalf of, the Council.
	Structure:	To be designed, fabricated and installed in accordance with relevant SAA standards.
Silos Erection and use of silos on land in Zone No 1 (a) only.	Maximum size:	Size (by capacity mass)—120 tonnes maximum.
	Structure:	Constructed of prefabricated metal components, free standing and not relying on other structures for support and erected in accordance with manufacturer’s specifications and/or engineer’s certification.
	Setback:	Not to be erected within 20 metres of the street boundary or within a distance equivalent to the height of the silo plus 1 metre from another property boundary.
	Siting:	Located wholly within the boundaries of the allotment. Clearance from power lines to be in accordance with NorthPower’s requirements. Not to encroach on any registered easements.
Skylights Construction of skylight roof windows (including solartube or similar type installations) on dwellings.	Size:	Maximum size of skylight not to exceed 1m2.
	Siting:	Located not less than 900mm from an allotment boundary and not less than 900mm from a wall separating attached dwellings.
	Installation:	Any building work (including cutting an opening into a roof or wall) to comply with the Building Code of Australia. Installation to manufacturer’s instructions.
Solar water heaters Installation of solar water heaters.	Installation:	Installed to manufacturer’s specifications and requirements. Installed by a licensed plumber. Any building work (including cutting an opening into a roof or wall) to comply with the Building Code of Australia.
Stables Erection and use of stables (keeping up to 4 horses) or animal shelters on land in Zone No 1 (a) only.	Maximum size:	15m2 in area. 2.7m high.
	Structure:	May be timber (cut or round) or metal construction. If timber, species such as oregon, radiata pine or other durability class of 3 or 4 requires the timber to be painted, stained or oiled. Timber in contact with ground to be Durability Class 1. Minimum sizes of members:

		Cut timber (mm)	Max span (m)	Rnd timber (mm)
	Posts	75 × 75		100
	Rafters	100 × 50	2.3	85
		125 × 50	3.0	100
		150 × 50	3.6	115
	Beams	100 × 50	2.1	135
		150 × 50	2.1	135
		200 × 75	3.0	155
	Roof Battens	75 × 50	1.2	50

Column 1	Column 2
Development	Circumstances for exemption
		If metal construction, it may be prefabricated design or constructed of components sizes as specified below: Posts 75 × 75mm RHS or 75mm diameter pipe Beams C10015 maximum span 3.0m C15015 maximum span 6.0m Purlins 61mm Top Hat Purlin maximum span 3.0m
	Cladding:	Low-reflective finish. Fixed in accordance with manufacturer’s specifications. If not new material, the unit must be painted.
	Connections:	Beams are to be fixed to posts with at least two 10mm bolts.
	Roofwater:	To be piped clear of all structures and scouring of soil prevented at the point of discharge by a suitable dissipation flume.
	Footings:	100mm concrete slab reinforced with F62 placed 25–30mm from top of slab and a 300 × 300 edge beam with 1 layer of F8TM placed 50mm from bottom of edge beam, concrete pad footings 450mm diameter and 600mm deep or Durability Class 1 timber posts may be set in rammed earth holes 900mm deep.
	Siting:	Located wholly within the boundaries of the allotment. Not to be erected within 20 metres of a road boundary or 4 metres from the side or rear boundaries.
	Services:	Not to encroach into any registered easements.
	Heritage:	Not to be erected on a property listed as a heritage item.
Stockyards Erection of stockyards (for use in conjunction with normal agricultural activities on the property excluding commercial or intensive agricultural uses) on land in Zone No 1 (a) only.	Maximum size:	.05 hectare in area. 2.4 metres high.
	Structure:	Timber, metal.
	Setback:	Not to be erected within 20 metres of the allotment’s front boundary. Not to be erected within 4 metres of the side or rear boundaries.
	Siting:	Located wholly within the boundaries of the allotment. Not to encroach into any registered easements. Not within 50 metres of a water course or a dwelling on an adjoining property.
Subdivision for the purpose of a boundary adjustment that does not result in the creation of any additional allotments.	General:	The area of each allotment is not changed by more than 5%.
	Services:	No water, sewerage or stormwater connection to the property should require relocation as a result of the proposal.
	Heritage:	Not subdivision of a site identified as a heritage item.
	Building:	Will not result in any building contravening the deemed-to-satisfy provisions of the Building Code of Australia.
Water heaters Installation of water heaters (excluding solar systems).	Installation:	Replacement or new installations. Any building work (including cutting an opening into a wall or roof) should be constructed to comply with the Building Code of Australia. Installation to be carried out by a licensed plumber.
Water storage tanks Installation and use of water storage tanks—at or above ground level on properties in Zone No 1 (a) only.	Siting:	Located wholly within the boundaries of the allotment. Not to encroach into any registered easements.
	Structure:	Prefabricated and erected in accordance with the manufacturer’s specifications.
	Overflow drainage:	Down hill direction at least 3 metres from the building and be splayed to distribute the flow evenly. Not to discharge to adjoining properties. Not to be used for the storage of any thing other than water.
	Water connection:	Must not be interconnected with Council’s water supply. Must not be interconnected with any bore water system if water is for human consumption. A dual check valve is to be installed by a plumber licensed by the Department of Fair Trading immediately downstream of any water meter.
Installation and use of water storage tanks at or above ground level and associated with a dwelling-house on properties not in Zone No 1 (a).	Maximum size:	Maximum capacity of 22,500 litres. Maximum area of 10m2. Maximum height of 3 metres including any associated tankstand.
	Structure:	Erected in accordance with manufacturer’s specifications and/or an engineer’s certification. Located directly on the ground. A stand may be used if the capacity of the tank is less than 2500 litres. The stand must be directly supported to the ground and is not to rely on any part of a building for support. The stand is not to exceed 1.5 metres in height and is to be adequately enclosed to prevent its use for any other purpose.
	Siting:	Wholly within the boundaries of the allotment. Minimum of 900mm from the side and rear boundaries, except on corner allotments. Must not be visible from a public road or other public place. The structure must not contravene Council’s adopted building line. Not to encroach on any registered easements. Not to be sited on the edge of footings to a building or over any stormwater or sanitary drainage pipework.
	Drainage:	The overflow is to be controlled by piping to: (a)  the street gutter, or (b)  a stormwater main on the property.
	Water connection:	Must not be interconnected with Council’s reticulated water supply. If used for human consumption then there is to be no interconnection with any bore water supply. A dual check valve is to be installed by a plumber licensed by the Department of Fair Trading immediately downstream of any water meter.
	Services:	The structure is to be located clear of any sewer main or stormwater main by a minimum distance of 1 metre from the main centreline or the equivalent invert depth of the main, whichever is the greater. Not to encroach into any registered easements.
Windmills Erection and use of windmills on land in Zone No 1 (a) only.	Siting:	Located wholly within the boundaries of the allotment.
	Structure:	Free-standing and not relying on other structures for support. Clearance from power lines in accordance with NorthPower’s requirements. Installed in accordance with the manufacturer’s specifications. An engineer’s certification for the structure and footings is needed if required by manufacturer’s specifications.
	Services:	Not to encroach into any registered easements.
Windows, glazed areas and external doors Replacement of windows, glazed areas and external doors on a dwelling-house (excluding windows in buildings listed as heritage items).	General:	Replacement in residential premises with materials that comply with: (a)  AS 1288–1994—Glass in buildings—selection and installation, and (b)  AS 2208:1996—Safety glazing materials in buildings (Human Impact Considerations). No reduction in the area provided for light and ventilation is permitted and structural support members in the wall concerned cannot be removed.
		Any works involving asbestos cement must comply with the WorkCover Authority’s “Guidelines for Practices Involving Asbestos in Buildings”.
		Any work involving lead paint removal must not cause lead contamination of air or ground.

sch 5: Ins 26.3.1999.

Schedule 6 Complying development

(Clause 51)

Column 1	Column 2
Complying development	Development standards
	Siting •  Development listed in column 1 must be wholly within the boundaries of the allotment.
Alterations or additions to a single storey dwelling-house.	Streetscape •  Complies with a building line provided in Council’s adopted policy entitled “Building Line”. Bulk and scale •  The floor level of the structure is to be located above the natural ground level at least 150mm but not more than 500mm at one point and 1500mm at any point, •  The distance between the floor level and the underside of the eaves is to be no more than 2.7 metres, •  The roof pitch is to be no more than 24 degrees and any openings are flush with the roof pitch, and •  The external wall of any structure is to be at least 900mm from a side or rear boundary. Privacy and security •  Windows in a habitable room that allow an outlook to a window to a habitable room in an adjoining dwelling and are within 9 metres: •  are to be offset from the edge of one window to the edge of the other by a distance of at least 0.5 metre, or •  have sill heights of at least 1.7 metres above the floor, or •  have fixed obscure glazing in any part of the window below 1.7 metres above floor level. Site access and circulation •  Where kerb and gutter is provided, driveways are to be a minimum of 500mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council’s drainage structures, unless prior approval is obtained from the relevant authority, •  Driveways are to be a minimum of 6 metres from a road intersection, •  Driveways within the road reserve are to be constructed to Council’s specification, and •  A minimum of one parking space per dwelling is to be provided (either an open space or a covered space) and is to be located behind the relevant building line. Such a space is to measure a minimum 5.5 metres in length and a minimum width of 2.5 metres. Open parking spaces, accessways and driveways are to be surfaced with material of a permeable nature or are to be graded to provide for on-site stormwater infiltration.
Bed and breakfast accommodation in Zone No 1 (a) only.	Bulk and scale •  Not to exceed more than 3 guest rooms. Signage •  Maximum of one per dwelling. •  Maximum area of 0.6 m2 in area. General •  Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989. •  Complies with the Food Act 1989, the Food (General Regulation) 1997 and the Australian Institute of Health Surveyors’ National Food Premises Code. •  Complies with AS 3786–1993—Smoke alarms and AS 3000– 1991—Electrical installations—Buildings, structures and premises. •  Has a fire extinguisher and fire blanket in the kitchen. •  Has a minimum of two bathrooms.
Carports, Garages and Pergolas Erection Of carports, garages and pergolas associated with a dwelling-house (does not include a carport/pergola referred to in Schedule 5).	Streetscape •  Complies with a building line provided in Council’s adopted policy entitled “Building Line”. Bulk and scale •  The area under the roof is to be not more than 54m2, •  One horizontal dimension is to be not more than 9 metres, •  The wall height at the eaves line is to be not more than 3 metres, •  The roof pitch is to be not more than 24 degrees and any openings are to be flush with the roof pitch, and •  The wall cladding, other than face brick, is to be painted or pre-coloured.
Demolition of a building/structure.	General •  Complies with the requirements of AS 2601–1991, and •  Is not done using the implosion method of demolition.
Dwelling-house (single storey) Erection of a single storey dwelling-house and construction of ancillary driveway.	Streetscape •  Complies with a building line provided in Council’s adopted policy entitled “Building Line”. Bulk and scale •  The ground floor level of the structure is to be located above the natural ground level at least 150mm but not more than 500mm at one point and 1500mm at any point. •  The distance between the floor level and the underside of the eaves is to be no more than 2.7 metres, •  The roof pitch is no more than 24 degrees and any openings are to be flush with the roof pitch, and •  The external wall of any structure is to be at least 900mm from a side or rear boundary. Privacy and security •  Windows in a habitable room that allow an outlook to a window to a habitable room in an adjoining dwelling and are within 9 metres: •  are to be offset from the edge of one window to the edge of the other by a distance of at least 0.5 metre, or •  have sill heights of at least 1.7 metres above the floor, or •  have fixed obscure glazing in any part of the window below 1.7 metres above floor level. Site access and circulation •  Where kerb and gutter is provided, driveways are to be a minimum of 500mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council’s drainage structures, unless prior approval is obtained from the relevant authority, •  Driveways are to be a minimum of 6 metres from a road intersection, •  Driveways within the road reserve are to be constructed to Council’s specification, and •  A minimum of one parking space per dwelling is to be provided (either an open space or a covered space) and is to be located behind the relevant building line. Such a space is to measure a minimum 5.5 metres in length and a minimum width of 2.5 metres. Open parking spaces, accessways and driveways are to be surfaced with material of a permeable nature or are to be graded to provide for on-site stormwater infiltration. Siting •  Not to be located in the area identified on the map as the Landfill Buffer Zone.
Rural outbuildings Erection of rural outbuildings (not including silos of less than 120 tonnes capacity, horse stables of less than 15 square metres, windmills, water storage tanks, stockyards of less than 0.5ha in area, or rural fuel tanks with a capacity of less than 5000 litres).	Streetscape •  Complies with a building line provided in Council’s adopted policy entitled “Building Line”. Bulk and scale •  The external wall of any structure is to be at least 900mm from any boundary, and
Swimming Pools Construction or installation of swimming pools associated with a dwelling-house.	Streetscape •  Is not located between the dwelling and the front boundary. Bulk and scale •  All coping or decking around the pool is to be no more than 500mm above the natural ground level, and •  The pool is to be located at least 0.9 metre from the side and rear boundaries. Privacy and security •  The noise level of any filtration equipment or pumps must not exceed 5dBA above the ambient background level measured at the allotment boundary. Structure •  Construction and installation must be undertaken in accordance with a certificate prepared by a practising structural engineer.

sch 6: Ins 26.3.1999. Am 2007 (532), Sch 1 [9].

Schedule 7 Conditions for complying development certificates

(Clause 51 (3))

1 Compliance with the Building Code of Australia

All building work must be carried out in accordance with the deemed-to-satisfy provisions of the Building Code of Australia.

2 Prior to commencement of work

Prior to commencing work the applicant must appoint a Principal Certifying Authority to carry out the inspections required by these conditions and issue certificates of compliance.

The Principal Certifying Authority may be either an accredited certifier or Tamworth City Council.

Two days before any work commencing on site the applicant must:

(i)  forward Form 7 of the Regulation to notify Council of commencement of work and the appointment of the Principal Certifying Authority (if the Principal Certifying Authority is not the Council, the accredited certifier registration number must be included), and

(ii)  notify the adjoining owners that work will commence.

3 Inspections

(a)  The following inspections are required to be carried out by a person authorised by the Principal Certifying Authority and a Compliance Certificate is to be issued in respect of each inspection. All Compliance Certificates and the Occupation Certificate, if required, are to be submitted to Council prior to occupation:

(i)  Pier holes, pads or bulk piers before concrete is poured,

(ii)  Trenches with reinforcement steel in position,

(iii)  Concrete slabs with reinforcement steel in position,

(iv)  Swimming pool reinforcement steel in position before concrete is poured,

(v)  Termite barrier—the type of barrier used is to be specified on the compliance certificate (refer to Council’s policy for restrictions on the type of barrier permitted),

(vi)  Framework before fixing of internal linings,

(vii)  Wet Area Flashing before laying tiles (or other finish),

(viii)  Pool fencing before filling the pool with water, and

(ix)  Final inspection before the structure is occupied or used. (If a certificate of occupancy is issued then a compliance certificate is not required).

(b)  The following inspections are required to be carried out by Council. Inspections may be arranged by contacting Council’s Environmental Services Department. Where Council is not the Principal Certifying Authority, an additional fee for each inspection will apply:

(i)  Sanitary drainage under hydrostatic test and prior to backfilling trenches or covering,

(ii)  Hot and cold water plumbing under pressure test prior to covering,

(iii)  Internal stackwork under hydrostatic test prior to covering, and

(iv)  The installation of the septic tank and any sullage trenches prior to backfilling or covering.

4 Hours of work

Work on the project to be limited to the following hours:

Monday to Friday—7.00am to 5.00pm,

Saturday—8.00am to 1.00pm if audible on residential premises, otherwise 7.00am to 5.00pm,

No work to be carried out on Sunday or Public Holidays.

5 Driveways and roadworks

(a)  Any damage caused to kerb, guttering and/or footpath during building operations shall be rectified by the owner to the satisfaction of Council.

(b)  The footpath and/or road reserve are not to be used for construction purposes or placing of building materials without the prior consent of Council. Where necessary, arrangements may be made by contacting Council’s Environmental Services Department.

6 Termite control

The building is to be protected from subterranean termites in accordance with Building Code of Australia except that a hand-sprayed chemical barrier will not be accepted unless a reticulation system is incorporated in accordance with Council’s Policy. Council is to be informed of the proposed method of protection and, where applicable, should be supplied with certification from the installer.

7 Drainage and water supply

(a)  Prior to the commencement of work of water supply and/or sanitary plumbing and drainage the licensed plumber and/or drainer must obtain a permit from Council.

(b)  Prior to the commencement of work the owner of the premises shall apply to Council for an approval to carry out water supply work, sewer work, stormwater work and connect such work to Council’s services.

(c)  Prior to the commencement of work the owner of the premises shall apply to Council to install a human waste treatment device and carry out the associated sewerage work.

(d)  A minimum of 45,000 litres of stored rainwater is required to be provided for domestic purposes.

8 Site amenities

A temporary sanitary service shall be provided by the builder to the building site before building operations are commenced. In sewered areas, a temporary connection may be made to Council’s sewer main.

9 Builder’s details

(a)  Prior to the commencement of work the owner of the premises or the principal certifying authority shall advise Council of the builder’s name, address, licence number, phone and fax numbers.

Council is to be immediately informed in writing if:

(i)  A contract is entered into for the work to be done by a different licensee (builder), or

(ii)  Arrangements for doing the work are changed.

(b)  A sign-board of minimum area 600 × 450 mm shall be erected in a conspicuous position at the front of the allotment (before work commences) indicating:

(i)  The name of the owner, the builder (and builder’s licence number) and number of the allotment, or

(ii)  The name and permit number of the owner/builder.

10 Swimming pools

(a)  The pool is to be enclosed by a minimum 1.2 metres high child-resistant barrier, fitted with a self-closing, self-latching, outwardly opening gate, all constructed in accordance with the requirements of the Swimming Pools Act 1992 and Swimming Pools Regulation 1998. The barrier is to be erected prior to the placement of any water in the pool.

(b)  The occupier of the premises on which the pool is situated must ensure that there is, at all times, maintained in a prominent position in the immediate vicinity of the pool, a sign bearing a notice that contains the words “Young children should be supervised when using this swimming pool”, together with details of resuscitation techniques.

(c)  All wastewater from the pool filtration system is to discharge to Council’s sewer.

The pipework from the filter can be positioned over an existing overflow gully (or yard sink). A 100mm air gap is to be provided between the filter pipe work and the rim of the overflow gully.

(d)  All wastewater from the pool filtration system is to be discharged to an absorption trench. The location of the trench is to be determined after consultation with Council’s Environmental Services Department.

(e)  All windows that open into the pool enclosure shall be fitted with approved security screens fixed by screws and having openings not greater than 100mm. The option of restricting the windows to a maximum opening of 100mm may only be used as an alternative if natural ventilation to the room concerned is maintained at 5% of the floor area of the room.

(f)  There is to be no nuisance caused to adjoining property owners by the operation of the filter pump.

11 Site access and circulation

(a)  Where kerb and gutter is provided, driveways are to be a minimum of 500mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.

(b)  Where kerb and gutter is not provided, approval of Council is required for that part of the vehicular entrance that is located within the road reserve.

(c)  Driveways within the road reserve are to be a minimum of 6 metres from a road intersection.

(d)  Driveways are to be constructed to Council’s specification.

12 Subdivision

All interconnecting services for water, sewerage and stormwater are to be disconnected at the allotment boundary and, if necessary, such services shall be reconnected to the appropriate property service.

sch 7: Ins 26.3.1999.