Home Springwood Forum

LEP 2005
Source (PDF 1.4 MB)

Part 4 - Considerations for development

Division 1 - Subdivision

90 Lot layout

  1. A lot created in a subdivision of land within a zone described in the following Table is to have a minimum area and a minimum width as specified for that zone in the following Table:
Zone Minimum area,
except hatchet shaped lot
(m2)		 Minimum area of a
hatchet shaped lot
(m2)		 Minimum
width
(m)
Village--Tourist 720 1,100 18.5
Village--Housing 720 1,100 18.5
Living--General 720 1,100 18.5
Living--Conservation 1,200 1,200 22
Living--Bushland Conservation 1,200 1,200 22
Employment-- Enterprise 900 1,100 18.5
  1. In calculating the area of a lot for the purposes of this clause, the area of any part of that lot that is within the Environmental Protection--Private zone is to be excluded.
  2. Where a lot created is within more than one of the zones specified in subclause (1), the lot is to have a minimum area and a minimum width specified for that zone which comprises the largest proportion of that lot.
  3. The width of the lot is to be measured at the minimum front building setback, as specified in the "building setback" provision applying to that land in Schedule 1, 2 or 3.
  4. The consent authority shall not permit the creation of more than 3 lots served by a single driveway, access strip or handle connected to a public road.
  5. The minimum width for an access strip or handle is 4.5 metres.
  6. In calculating the minimum area of a hatchet shaped lot the area of the access strip or handle is to be excluded.
  7. Subdivision is to result in the retention, where possible, of existing vegetation and the layout and design of the new lots, including access ways, are to be consistent with the character of the locality.
  8. A lot created within the Living--Bushland Conservation zone intended as a site for a dwelling house is to include a development space that:
    1. has an area of land not less than 750 square metres, and
    2. is configured so as to be capable of accommodating development for the purpose of a dwelling house, and
    3. incorporates that part of any asset protection zone required to be established or maintained on that lot, and
    4. is capable of being accessed by a driveway that is connected to a public road, and
    5. is not development excluded land.
  9. The subdivision of land within the Living--Conservation zone is to:
    1. retain an appropriate setting and visual context for existing buildings that allows for any existing formal garden settings that are integral to the character of the building to be retained within the lot on which the building is located, and
    2. identify building envelopes for each lot that will maximise the retention of existing formal gardens and existing mature vegetation on the site.

91 Provision of services for subdivision

Consent shall not be granted to the subdivision of land to create additional lots unless:

  1. each of the lots to be created that will require the disposal of wastewater is to be serviced by reticulated sewerage and potable water systems, and
  2. the Sydney Water Corporation has previously provided certification to the Council that the sewage treatment plant and the sewerage and potable water reticulation systems serving the locality concerned have the capacity to accommodate the additional development or can be upgraded to accommodate the additional capacity as part of the development.

92 Subdivision related to specific land uses

  1. The consent authority may consent to the subdivision of land to create lots that do not comply with clause 90 if the subdivision:
    1. is for cluster housing, or
    2. is for integrated housing within the Village--Housing zone, or
    3. relates to detached dual occupancy development for which consent has been granted and provides for each dwelling to be on a separate lot, where the lot size prior to subdivision is not less than 1,100 square metres, excluding any part of that lot that is within the Environmental Protection--Private zone and the area of any access handle for a hatchet shaped lot, or
    4. relates to attached dual occupancy development for which consent has been granted and provides for each dwelling to be on a separate lot, where the lot size prior to subdivision is not less than 900 square metres, excluding any part of that lot that is within the Environmental Protection--Private zone and the area of any access handle for a hatchet shaped lot, or
    5. relates to dual occupancy or multi-dwelling housing development in the Village--Housing or Village--Tourist zone for which consent has been granted and provides for each dwelling to be on a separate lot, or
    6. relates to accessible housing for which consent has been granted and provides for each dwelling to be on a separate lot, or
    7. is a neighbourhood or strata subdivision involving existing lawful buildings or buildings for which consent has been granted, but only where each lot, other than neighbourhood property, common property or development lots, includes a building or part of a building capable of separate occupation.
  2. Consent may be granted to subdivision for the purpose of cluster housing only where the consent authority is satisfied that:
    1. the number of proposed lots is not greater than 8 lots per hectare of that part of the total site area that is zoned Living--Bushland Conservation, and
    2. the cluster housing, including access and any buildings ancillary to a dwelling house, will not be located on any development excluded land, and
    3. dwellings are designed and located so as to minimise threat to life and property from bush fire, and
    4. measures are to be put in place to ensure that any land that is common open space, as part of the cluster housing, is to be managed to ensure that the environmental qualities of the land are maintained, and
    5. the development will incorporate areas of bushland and native vegetation, and
    6. dwellings will be located to utilise materials and to be of a form and scale that reinforces the landscape character of the locality in which the development will be situated.
  3. Where land or any part of land is subject to development for the purpose of cluster housing to a density of 8 lots per hectare in accordance with subclause (2), consent must not be granted for the further subdivision of that land, other than for the purpose of:
    1. a boundary adjustment where no additional lots are created, or
    2. providing land for public purposes.
  4. Consent may be granted to development for the purpose of cluster housing in accordance with subclause (2) even though it contravenes a building setback in Division 1 of Part 3 of Schedule 2 where the consent authority is satisfied that the contravention of the building setback contributes to complying with subclause (2) (d)-(f).

93 Subdivision in the recreation zones and environmental protection zones

  1. Consent shall not be granted to the subdivision of land within the Recreation--Private, Recreation--Open Space or Environmental Protection--Open Space zones unless the consent authority is satisfied that the purpose of the subdivision is:
    1. to provide land for public purposes, or
    2. to provide public access to land, or
    3. to differentiate between separate land uses, activities or management areas for which consent has been granted, or
    4. to facilitate consolidation of existing allotments, or
    5. to allow a boundary re-alignment where no new allotments are created.
  2. Consent shall not be granted to subdivision where any lot created consists entirely of land within the Environmental Protection--Private zone unless that lot is to be provided for a public purpose.

Division 2 - Services and infrastructure

94 General provision of services

  1. The consent authority shall not consent to development requiring:
    1. drainage, or
    2. the provision of an electricity power supply, or
    3. water supply or water storage, or
    4. disposal of wastewater,

unless it is satisfied that adequate arrangements can be made for that service or services to be reasonably provided without unacceptable impact on the environment or the community.

  1. Before granting consent to the carrying out of development, the consent authority shall take into account the requirements of the Sydney Water Corporation, where the land to which that development relates is serviced by that Corporation.
  2. Consent shall not be granted to development of a kind which the Council has been required by an environmental planning instrument to refer to the Sydney Catchment Authority unless:
    1. where on-site disposal of wastewater is proposed, the applicant has furnished the consent authority with a study that complies with clause 96 (Water cycle management study) to establish that the land is capable of sustaining such a means of disposal, or
    2. satisfactory arrangements can be made with Sydney Water Corporation for the provision of water and sewerage facilities.
  3. Subject to clause 48 (Protected Area--Water Supply Catchment) and clause 95 (Provision of services for specific land uses), the consent authority shall not consent to development that requires the disposal of wastewater, unless:
    1. the development is to be connected to a reticulated sewerage system, or
    2. where connection to a reticulated sewerage system is not available, the consent authority is satisfied by means of a report that complies with clause 97 (Geotechnical and water balance report) that the wastewater may be effectively disposed of on that part of the site on which the development is permissible.
  4. Should development be subject to subclauses (3) (a) and (4) (b) a combined study may be prepared and submitted to the consent authority that complies with clause 96 (Water cycle management study) and clause 97 (Geotechnical and water balance report).

95 Provision of services for specific land uses

  1. Consent may be granted to development for the purpose of a dwelling house, where the dwelling house is to be serviced by a wastewater pump out system, only if:
    1. the dwelling house will be erected on a lot existing on the appointed day, and
    2. a connection to a reticulated sewerage system is not available.
  2. Consent shall not be granted to development for the purpose of accessible housing, a bed and breakfast establishment, a boarding house, a dual occupancy, multi-dwelling housing or tourist accommodation unless a reticulated sewerage system is in place that has the existing capacity to service the development or can be upgraded to accommodate the additional capacity as part of the development.

96 Water cycle management study

A water cycle management study prepared for the purposes of clause 94 (3) shall include an assessment of the following matters:

  1. pre-development and post-development run-off volumes and pollutant loads from the site of the proposed development,
  2. whether the development will have a neutral or beneficial effect on the water quality of rivers, streams or groundwater in the hydrological catchment, including during periods of wet weather,
  3. whether the water quality management practices proposed to be carried out as part of the development are sustainable over the long term,
  4. whether the development is compatible with relevant environmental objectives and water quality standards for the hydrological catchment, where these objectives and standards are established by the Government,
  5. the impacts of the development on receiving waters,
  6. the water cycle management strategies and best practices proposed to be employed to address those impacts, and
  7. the arrangements to be made for the ongoing maintenance and monitoring of the water cycle management system.

97 Geotechnical and water balance report

A geotechnical and water balance report prepared for the purposes of clause 94 (4):

  1. is to include sufficient technical data to meet the requirements specified in any relevant development control plan that provides guidelines for the on-site disposal of wastewater, and
  2. must consider and assess:
    1. the wastewater treatment system, and
    2. site selection criteria, and
    3. the capability of the development site to provide for the disposal of wastewater in accordance with clause 44 (Environmental impact).

Division 3 - Vehicular access, parking and roads

98 Access to land from a public road

  1. Consent shall not be granted to the carrying out of development (other than development that, in the opinion of the consent authority, will be of a temporary nature) that requires vehicular access unless provision has been made for legally constituted access onto the land from a public road.
  2. Development that requires vehicular access to a site shall ensure that:
    1. access is available from a stable, all weather vehicular access road to a standard satisfactory to the consent authority, and
    2. the access road is designed to minimise grades and to suit contours, thereby minimising erosion, and
    3. the access road is not located on slopes in excess of 33 per cent, unless no other alternative is available, and
    4. the access road is adequate and appropriate to cater for the proposed development taking into account:
      1. the volume of traffic to be generated by the proposed development, and
      2. the use and enjoyment of that access road by adjoining properties where that access road, whether existing or proposed, is shared with those adjoining properties.

99 Car parking provision

  1. Off-street car parking is to be provided in accordance with the relevant part of the Council's Better Living DCP.
  2. Notwithstanding subclause (1), the consent authority may permit development for the purpose of multi-dwelling housing with a lesser number of car parking spaces where it is demonstrated to the satisfaction of the consent authority that:
    1. future residents are likely to have a low level of car ownership, and
    2. the site is located within the Accessible Housing Area, as shown on Map Panel A, and
    3. the car parking spaces will be allocated so as to be available to all dwellings on a shared basis.
  3. The consent authority shall, in respect of an application for consent to development for the purpose of accessible housing, bulk stores, bulky goods showrooms, car repair stations, caravan parks, commercial premises, clubs, district supermarkets, drive-in take-away food outlets, hotels, industries, light industries, motor showrooms, multi-dwelling housing, places of assembly, places of worship, service stations, shops or tourist accommodation or to the carrying out of any other development that, in the opinion of the consent authority, is likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration:
    1. whether adequate vehicular exits from and entrances to the site or sites have been provided so that vehicles using those exits and entrances will not endanger people and vehicles using those roads, and
    2. whether the provision of space on the site or on land adjoining the site, other than a public road, for the parking or standing of such number of vehicles is as specified by the relevant part of the Council's Better Living DCP, and
    3. whether any representations made by the Roads and Traffic Authority have been met, and
    4. whether adequate space has been provided within the site of the proposed development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

100 Design for car parking

  1. The amount of the street frontage (including the front elevation) of a dwelling house that may be taken up by openings for garages or carports is limited to:
    1. a maximum of 4 metres where the width of the allotment is less than 15 metres, or
    2. a maximum of 6 metres where the width of the allotment is equal to or greater than 15 metres.
  2. Garages and car parking areas should preferably be located behind the rear alignment of the building and are not to form a visually prominent element of the streetscape.
  3. For car parking spaces that are used in association with development that is required to be accessible to people with a disability, in accordance with the relevant part of the Council's Better Living DCP, the car parking spaces are to be linked by a continuous accessible path of travel, constructed of a non-slip surface, to the building entrance.

101 Loading and unloading facilities

  1. Subject to this clause, the consent authority shall not consent to the erection or use of any building on land zoned for commercial or industrial purposes unless provision is made within the site area for loading and unloading facilities satisfactory to the consent authority.
  2. If a building referred to in subclause (1) has access to a rear lane, the loading and unloading facilities shall be provided from that lane unless the consent authority is satisfied that the lane is inadequate for the purpose.
  3. This clause does not apply to development being minor alterations to an existing building if, in the opinion of the consent authority, the size and shape of the land having regard to existing buildings render the provision of facilities in accordance with this clause impracticable.
  4. Where, in the opinion of the consent authority, provision cannot be made as required by subclause (1) for loading and unloading, the consent authority may consent to the erection or use of a building subject to such other conditions relating to loading and unloading as it considers appropriate.

102 Uncoloured roads

  1. Development is allowed only with consent on a public road shown uncoloured on Map Panel A or on part of such a road that has been lawfully closed.
  2. Such a consent may be granted only for development that is allowed (either with or without consent) on land adjoining the road.
  3. Subject to subclause (4), development consent is not required for works carried out by the Council or any public utility undertaking on roads shown uncoloured on Map Panel A.
  4. New roads may be constructed and road widening in excess of 1 metre (other than for maintenance of existing roads) may be carried out on land adjoining or within the:
    1. Environmental Protection--Private zone, or
    2. Environmental Protection--Open Space zone, or
    3. Living--Conservation zone,

only with development consent.

  1. Consent shall not be granted to development on roads adjoining or within a zone described in subclause (4) unless the consent authority has considered the following:
    1. the impact of the proposed road works on land within the adjoining Environmental Protection--Private zone or Environmental Protection--Open Space zone and measures that have been incorporated to minimise this impact,
    2. the design, style and nature of the road works in regard to the maintenance and enhancement of bushland character,
    3. the regeneration and planting of disturbed areas and road verges,
    4. the retention, where possible, of natural features, including trees and rock outcrops.
  2. Development of roads shown uncoloured on Map Panel A, on land adjoining the Living Conservation zone, shall be of a form and design, and in such a location, as to enhance the landscape setting of the streetscape.

Division 4 - Privacy

103 Privacy for dwelling houses and granny flats

Consent shall not be granted to development for the purpose of a dwelling house or granny flat unless the consent authority is satisfied that:

  1. the location, scale and design of new buildings will ensure that the visual privacy of residents of buildings on adjoining allotments is not significantly impacted upon, and
  2. direct views from the development into the principal private open spaces or habitable rooms of dwellings on adjoining allotments are minimised or effectively screened.

104 Privacy for other residential development

  1. Consent shall not be granted to development for the purpose of accessible housing, a dual occupancy or multi-dwelling housing unless the development is designed to maximise visual privacy in accordance with this clause.
  2. Proposed habitable room windows with a direct outlook to habitable room windows or private open space of an adjacent dwelling will be permitted only where these have a separation of no less than 6 metres.
  3. Where proposed habitable room windows will have a direct outlook to habitable room windows or private open space of an adjacent dwelling and are separated by less than 9 metres, the proposed window will:
    1. be offset a minimum of 1 metre from the edge of the proposed window to the edge of the existing window, or
    2. have sill heights of at least 1.6 metres above floor level, or
    3. have fixed obscure glazing applied to any part of the window below 1.6 metres above floor level.
  4. Overlooking from or to private open space areas is to be reduced by ensuring that any upper level balconies are designed and screened to minimise the potential for overlooking of the private open space of any lower level of adjoining dwellings.
  5. Where potential overlooking cannot be avoided, views of private open space areas may be obscured in the following ways:
    1. by retention or planting of dense mature vegetation,
    2. by solid translucent screens or perforated panels or trellises, which have a maximum of 25 per cent openings and that are designed to blend in with the proposed redevelopment, and are to be permanent components of the structure and difficult to alter.

Division 5 - Energy efficiency

105 Energy efficiency

  1. Consent shall not be granted to development for the purpose of accessible housing, a dwelling house, a dual occupancy, a granny flat or multi-dwelling housing, or to development that increases the existing floor space of a dwelling house by more than 50 per cent, unless the buildings can achieve a 4 star NatHERS rating or alternative provisions for energy efficiency in accordance with the relevant part of the Council's Better Living DCP.
  2. The design and location of development subject to subclause (1) should maximise energy efficiency and sunlight access for any adjoining residential buildings by ensuring that the development proposed to be carried out does not unreasonably obscure sunlight to habitable rooms or private open space of those adjoining residential buildings during winter months.
  3. The consent authority may require the preparation of shadow diagrams by a suitably qualified person to demonstrate whether adjoining dwellings and areas will be affected by the proposed development as required in subclause (2).

106 Sustainable resource management

Before granting consent for development, the consent authority shall consider how it can encourage development that is designed to follow ecologically sustainable development practices, including any such practices described in development control plans approved by the Council, to achieve:

  1. conservation of natural resources (renewable and non-renewable), and
  2. energy conservation and efficiency, and
  3. reduction in greenhouse gas emissions, and
  4. total water cycle management, and
  5. a reduction in the use of reticulated potable water, and
  6. air, water and soil quality protection, enhancement and rehabilitation, and
  7. waste avoidance and minimisation.

Division 6 - Equity of access and housing choice

107 Access to public buildings and public land

Consent shall not be granted to the development of:

  1. a building or that part of a building intended for use by the general public, or
  2. a facility or building on public land or a Crown reserve under the Crown Lands Act 1989 for which the Council has care, control and management,

unless that building, part of a building or facility is accessible to people with a disability in accordance with the relevant part of the Council's Better Living DCP and Australian Standard AS 1428.1-2001, Design for access and mobility--General requirements for access--New building work in the manner prescribed within that development control plan.

108 Accessibility of dwellings

  1. Consent shall not be granted to development that is required by this clause to be accessible to people with a disability unless the development is designed to comply with the relevant part of the Council's Better Living DCP and Australian Standard AS 1428.1--2001, Design for access and mobility--General requirements for access--New building work in the manner prescribed within that development control plan.
  2. In the case of development comprising 5 or more dwellings or accommodation suites, at least 20 per cent of all dwellings or accommodation suites (to the nearest whole number) shall be accessible to people with a disability.
  3. Notwithstanding subclause (2), development for the purpose of accessible housing which comprises less than 5 dwellings shall include a minimum of 1 dwelling that is accessible to people with a disability.
  4. In the case of development for the purpose of accessible housing comprising a hostel or residential care facility, the essential areas and facilities which are associated with at least 20 per cent of all hostel or residential care facility beds, including a toilet, bathroom, bedroom and a living area, shall be accessible to people with a disability.
  5. Development for the purpose of a bed and breakfast establishment shall include a minimum of 1 guest room that is accessible to people with a disability.
  6. Tourist accommodation, bed and breakfast establishments and boarding houses shall be designed so that all common amenities (toilet, laundry facilities, games room etc) shall be accessible to people with a disability.

109 Adaptability of dwellings

  1. Consent shall not be granted to development that is required by this clause to be adaptable unless the development is designed in accordance with Australian Standard AS 4299-1995, Adaptable housing in the manner prescribed in the relevant part of the Council's Better Living DCP.
  2. All dwellings or accommodation suites within development for the purpose of accessible housing, boarding houses, multi-dwelling housing or tourist accommodation are to be adaptable.
  3. Each dwelling within a dual occupancy that is located within the Accessible Housing Area as shown on Map Panel A is to be adaptable, unless an existing dwelling house is converted to a dual occupancy in which case at least one of the dwellings is to be adaptable.

110 Housing choice

Consent shall not be granted to accessible housing or multi-dwelling housing unless the consent authority is satisfied that the housing will contribute to the provision of housing choice within the locality and:

  1. the housing incorporates a range of dwelling sizes, particularly contributing to the increased provision of single and two bedroom dwelling stock, and
  2. the housing shall include a minimum of 33 per cent (to the nearest whole number) of the proposed dwellings with a gross floor area not greater than 100 square metres.

Division 7 - Accessible housing

111 Accessible housing considerations

  1. The consent authority shall not grant consent to development for the purpose of accessible housing unless the development proposed to be carried out complies with the provisions within this Division that are relevant to the development.
  2. In addition to the provisions of this Division, development for the purpose of accessible housing is subject to any other provision within this plan that is relevant to the development or the land to which the development relates.

112 Who can live in accessible housing?

  1. Development for the purpose of accessible housing shall be carried out only for the accommodation of:
    1. older people and people with a disability, or
    2. people who live with older people or people with a disability, or
    3. staff employed to assist in the administration of and provision of services to housing provided under this clause.
  2. The consent authority shall not grant consent for accessible housing unless it is satisfied that a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of the development, including any dwelling within that development, to the people specified in subclause (1).

113 Location and access to services

  1. Except as otherwise specified in clause 114 ("Self-sustained" development outside the accessible housing area), development for the purpose of accessible housing is to be located within the accessible housing area as shown on Map Panel A.
  2. Reasonable pedestrian access via a footpath or other similar and safe means is to be available from the primary pedestrian entrance of the development to:
    1. land zoned Village--Town Centre within:
      1. Blackheath, or
      2. Katoomba, or
      3. Leura, or
      4. Wentworth Falls, or
      5. Lawson, or
      6. Springwood, or
      7. Hazelbrook, or
      8. Blaxland, or
    2. land zoned Village--Neighbourhood Centre within:
      1. Winmalee, or
      2. Glenbrook.
  3. In determining whether "reasonable pedestrian access" is provided between the development and the village centre in accordance with subclause (2), the consent authority is to consider whether:
    1. there is a path of travel via a sealed footpath or other similar and safe means (that is suitable for access by means of an electric wheelchair, motorised cart or the like) from the development to the village centre, and
    2. the gradient of access paths does not exceed an overall average of 1:14 over the shortest path of travel from the development to the village centre, provided that:
      1. slopes up to 1:12 do not exceed 15 metres at a time, and
      2. slopes up to 1:10 do not exceed 5 metres at a time, and
      3. slopes up to 1:8 do not exceed 1.5 metres at a time, and
    3. there are sufficient rest stops along the route, which should include seats or level landings.
  4. The pedestrian access shall not involve the crossing of local roads unless safe crossing conditions are provided with reference to sight distances, level crossings, pedestrian refuges and the like.
  5. Pedestrian access shall not involve the crossing of the Regional Transport Corridor unless there is:
    1. a bridge or subway providing pedestrian access, or
    2. a signalised crossing with auditory devices provided.
  6. Should a development not provide reasonable pedestrian access in accordance with subclause (3), residents are to have reasonable access to:
    1. transport that, in the opinion of the consent authority, is reasonably affordable private transport, which provides regular access from the site of the development to at least one of the village centres listed in subclause (2), and that is readily accessible to people with a disability or impaired mobility, or
    2. regular public transport that operates at least 5 days per week averaging at least a two-hourly service between the hours of 9am and 5pm for those days and that provides access to at least one of the villages listed in subclause (2), access to which is within 400 metres of the proposed development.

114 "Self-sustained" development outside the accessible housing area

  1. Development for the purpose of accessible housing may be located outside the accessible housing area as specified in clause 113 (Location and access to services) provided that:
    1. the development has no less than 50 dwellings, or
    2. the development has no less than 50 beds in a residential care facility, or
    3. where the development includes both dwellings and beds in a residential care facility, the number of dwellings added to the number of beds in a residential care facility is equal to or exceeds 50, or
    4. the development is located within a precinct within the Recreation--Private zone.
  2. Consent shall be granted to development that complies with subclause (1), only where the consent authority is satisfied, by means of written evidence, that residents of the proposed development will have reasonable access to:
    1. transport that, in the opinion of the consent authority, is reasonably affordable private transport, which provides regular access from the site of the development to at least one of the village centres listed in clause 113 (2), and that is readily accessible to people with a disability or impaired mobility, and
    2. community services and recreation facilities, and
    3. on-site communal areas (internal or external), and
    4. where appropriate for the proposed inhabitants, on-site medical consulting rooms, for use by visiting medical practitioners.

115 Support services and facilities

  1. Each development for the purpose of accessible housing is to provide emergency response alarms located in all dwelling units.
  2. The consent authority is to be satisfied that residents will have reasonable access to support services including, but not limited to:
    1. home delivered meals, and
    2. personal care, and
    3. home nursing, and
    4. assistance with housework, and
    5. gardening maintenance, and
    6. medical assistance, and
    7. respite care, and
    8. rehabilitation services.
  3. If 15 or more residential units are proposed on the land subject to the development application, the consent authority is to be satisfied before granting consent that adequate provision is made for:
    1. an administrative building or room located in a prominent location, that is designed to provide a focal point for visitors and a sense of security for residents, and
    2. a setting down and picking up area that is close to the site entry with a covered seating area visible from the administrative building or room or at least some of the dwellings, and
    3. speed restriction signs placed in a prominent location at the entry to the development.

116 Safe and convenient access for accessible housing

Consent shall not be granted to development for the purpose of accessible housing on a site unless there is provision of a continuous accessible path of travel from the entrances of all proposed dwellings to:

  1. the principal pedestrian entrance to the development, and
  2. vehicle setting down areas, and
  3. parking areas, and
  4. communal on-site facilities, and
  5. private open space, and
  6. other areas of the development to which residents could reasonably require access.

117 Bush fire protection and evacuation of Accessible Housing

  1. Consent shall not be granted to development for the purpose of accessible housing on bush fire prone land unless the consent authority is satisfied that the development complies with the requirements of Planning for Bushfire Protection.
  2. The consent authority, in determining whether a development application is required to be referred by subclause (1), must take into consideration the general location of the proposed development, the means of access to and egress from the general location and other relevant matters, including the following:
    1. the size of the existing population within the locality,
    2. age groups within that population and the number of persons within those age groups,
    3. the number of hospitals and other facilities providing care to the residents of the facilities within the locality, and the number of beds within those hospitals and facilities,
    4. the number of schools within the locality and the number of students at those schools,
    5. existing development within the locality that has been carried out for the purpose of accessible housing, retirement villages and the like,
    6. the road network within the locality and the capacity of the road network to cater for traffic to and from existing development if there were a need to evacuate persons from the locality in the event of a bush fire,
    7. the adequacy of access to and from the site of the proposed development for emergency response vehicles,
    8. the nature, extent and adequacy of bush fire emergency procedures that are able to be applied to the proposed development and its site,
    9. any relevant requirements of NSW Fire Brigades notified to the Council and any response made to the consent authority by the NSW Rural Fire Service within 28 days of a copy of the development proposal being forwarded to that Service by the consent authority.

Division 8 - Provisions for specific land uses

118 Bed and breakfast establishments

Consent shall not be granted for the erection of a new dwelling house or the adaptation or alteration of a dwelling house for the purpose of a bed and breakfast establishment unless:

  1. the development will operate from the dwelling house, and
  2. the development is proposed on a site that has a total area of 1,200 square metres or greater, and
  3. any works to allow use of the dwelling house as a bed and breakfast establishment are consistent with the predominant character of the street and adjoining development, and
  4. on-site parking is provided and is screened and any impacts on adjoining properties, relating to the parking and movement of motor vehicles, are minimised, and
  5. the visual and acoustic privacy of adjoining residents is maintained.

119 Dual occupancy

  1. Consent shall not be granted to development for the purpose of a dual occupancy on a lot unless the development has the following characteristics:
    1. if it is a proposed attached dual occupancy, it is located on a lot with an area of not less than 900 square metres (excluding the area of the access handle for a hatchet shaped lot),
    2. if it is a proposed detached dual occupancy, it is located on a lot with an area of not less than 1,100 square metres (excluding the area of the access handle for a hatchet shaped lot).
  2. However, the consent authority may consent to an attached dual occupancy on a lot with an area of not less than 720 square metres, where it is satisfied that:
    1. the dual occupancy will include one dwelling that has a gross floor area not greater than 80 square metres, or
    2. the development involves older public housing stock owned by the Department of Housing and the lot size is justified.
  3. Consent shall not be granted to development for the purpose of a dual occupancy in the Living--General zone unless:
    1. the form, design and appearance of the building (after any proposed alterations and additions have been carried out), including the roof pitch, colours and materials, are complementary to the adjoining and adjacent buildings and any existing dwelling house on the land, and
    2. private open space, with an area of not less than 50 square metres and a width of not less than 4 metres, is provided for each dwelling.
  4. The appearance and location from the primary street frontage of a dual occupancy in the Living--General zone should retain or enhance the existing character and appearance of a low-density residential area and shall avoid, in all but exceptional circumstances, a mirror-reversed design.
  5. Dual occupancies located on a corner allotment shall be designed to separately address the primary and secondary street frontages, where practicable.

120 Granny flats

  1. Consent shall not be granted to development for the purpose of a granny flat unless:
    1. the consent authority is satisfied that the design and location of the granny flat complements the style, scale and appearance of the primary dwelling on the allotment, and
    2. there is compliance with any "site coverage" and "development density" provisions of this plan that apply to the land, except where the development does not result in an increase in the gross floor area of a building for which consent was granted, and
    3. no more than one granny flat is erected on the allotment concerned, and
    4. any alterations or additions to a building for the purpose of the granny flat are designed to be adaptable in accordance with Australian Standard AS 4299-1995, Adaptable housing in the manner prescribed in the Council's Better Living DCP.
  2. Consent shall not be granted to a subdivision for the purpose of making a granny flat for which consent has been granted and the primary dwelling concerned available for separate disposition or sale.

121 Home employment

Consent shall not be granted to the use for home employment of a dwelling or building on an allotment unless the consent authority is satisfied that:

  1. the total site coverage does not exceed that specified for the land in this plan, and
  2. external lighting associated with the home employment is to be located and directed to minimise impact on adjoining residential properties, and
  3. a separate or defined access is provided from the street to the home employment area, and
  4. a clearly identifiable separate area for the conduct of the home employment is provided that can be separated from the balance of the dwellings for privacy and security, and
  5. it is not reasonably practicable for the home employment area to be converted to become part of the residence or a separate granny flat or a self-contained unit, and
  6. there is acoustic insulation between the home employment area and the adjoining dwelling, and
  7. the character of the proposed home employment use is consistent with the scale and massing of the surrounding area, where it is located in an existing residential setting.

122 Liquid fuel depot

  1. A person shall not establish, enlarge or use a liquid fuel depot having an above ground storage capacity of 500 kilolitres or more of inflammable liquid without development consent granted with the concurrence of the Head of the Department for the time being engaged in the administration of the Dangerous Goods Act 1975.
  2. The Department Head referred to in subclause (1) shall take into consideration in deciding whether concurrence should be granted the provisions of the Act referred to in subclause (1) and any other matters relating to safety.

123 Road transport terminal

  1. The consent authority shall, before granting consent to development for the purpose of a transport terminal, send notice to the Roads and Traffic Authority of the proposed development and shall take into consideration any representations in response made within 28 days.
  2. Before granting consent to development subject to subclause (1), the consent authority shall take into consideration:
    1. the standard of the roads in the locality in relation to the size and the weight of the vehicles likely to use the transport terminal, and
    2. traffic conditions and facilities generally in the vicinity of the approaches to the transport terminal, and
    3. the means of ingress and egress, and
    4. the provision on land (other than a public road) of space for the parking or standing of vehicles, and
    5. the layout of buildings on the site in relation to:
      1. the provision of space for the parking and standing of vehicles,
      2. the provision of space for the loading, unloading or fuelling of vehicles, and
      3. the traffic facilities within the site.

124 Service stations

Consent shall not be granted for the erection of a building or the carrying out of a work, or for the use of land, for the purpose of a service station unless:

  1. the site is more than 90 metres from the junction or intersection of a classified road, with another main or arterial road, and
  2. the frontage to the road is not less than 50 metres, and
  3. where the site has frontage to a classified road, the consent authority has sent notice to the Roads and Traffic Authority of the proposed development and has taken into consideration any representations in response made within 28 days, and
  4. separate entrances to and exits from the site are provided and those entrances and exits are separated by physical barriers constructed on the road alignment and so identified by suitable signs readily visible to persons using the adjoining road or entering, and
  5. where the site is a corner lot and the consent authority so requires, separate entrances and exits are provided to and from each of the adjoining roads and a physical barrier is erected so that a vehicle entering the site will, when leaving it, use an exit leading only to the road from which entrance was gained, and
  6. inlets to bulk fuel storage tanks are so situated on the site as to ensure that tankers, while discharging fuel into such tanks, shall stand wholly within the site, and
  7. the layout of the site is such as to facilitate the movement of vehicles entering into or leaving the site with the flow of traffic on the adjoining road, and
  8. the site is suitably landscaped to the satisfaction of the consent authority.

125 Sex establishment

  1. Consent shall not be granted to development for the purpose of a sex establishment unless the consent authority is satisfied with respect to its location that:
    1. the development will not be adjacent to, adjoin or be within 100 metres of:
      1. an educational establishment, or
      2. a childcare centre, or
      3. a recreational area, or
      4. a place of worship, or
      5. a hospital, or
      6. any other place regularly frequented by children for recreational or cultural activities, and
    2. the development is not within 50 metres of the boundary of any zone in which a dwelling house is a permissible land use, and
    3. the development does not have a frontage to, or direct vehicular access from, the Regional Transport Corridor.
  2. Consent shall not be granted to development for the purpose of a sex establishment unless the consent authority is satisfied, with respect to the operation, amenity, design and form of the development that:
    1. the development would not have an adverse impact on the amenity of the area by reason of excessive noise, inappropriate operating hours, indiscreet signage or otherwise, and
    2. operating hours are compatible with adjoining land uses, and
    3. any advertising is to be for identification purposes only and is to be attached to or painted onto the subject premises and is to have an area of not more than 0.5m 2, and
    4. any advertising is to be discreet in nature and is not to display words or images that in the opinion of the consent authority are sexually explicit, lewd or otherwise offensive, and
    5. adequate waiting rooms will be provided within the premises to discourage loitering outside the premises by clients, and
    6. no sex establishment shop fronts or likewise would be created, and
    7. an alarm, intercom or similar safety and security device is installed in each room that is used for sexual activity and is connected to a central base or reception area that is monitored at all times, and
    8. adequate lighting of entrances and exits is to be provided at all times during which the premises are occupied by any staff or sex workers outside daylight hours, and
    9. entrances are located so as to be visible from a public place, and
    10. the design of the premises provides for passive surveillance of any adjoining street or other public place, from within the building, in the interest of staff, sex worker and client safety.
  3. Before granting consent to development for the purpose of a sex establishment, the consent authority shall consider a plan of operation that provides details of operation including, but not limited to, details concerning each of the matters referred to in subclause (2).
  4. The use for soliciting or a similar activity by sex workers or other staff of any land outside or in the vicinity of any premises that are subject to a consent allowing their use for the purpose of a sex establishment is prohibited.

126 Special use

  1. Consent shall not be granted to development for the purpose of a special use, being the special use designated for that land on Map Panel C, or to development ancillary or incidental to that special use, unless the proposed development:
    1. is to be carried out by a public authority, institution, organisation or the Council, and
    2. complies with the objectives for a special use within subclause (2).
  2. The objectives for development for the purposes of a special use are:
    1. to provide a community service, public facility or infrastructure, and
    2. to ensure development incorporates measures to mitigate any adverse impact on the environment, and
    3. to ensure development does not have an unreasonably adverse effect on residential amenity by way of scale, height, noise, light, dust or traffic generation.
  3. The consent authority may consent to development subject to this clause even if it contravenes a development standard set by this plan, where the consent authority is satisfied that the development is subject to Part 5A of the Act (Development by the Crown).
  4. The consent authority may consent to development subject to this clause even if it contravenes a development standard set by Division 1 of Part 2 (Locality management), where the consent authority is satisfied that the development:
    1. complies with the zone objectives within Division 2 of Part 2 (Locality management) that apply to the land, and
    2. complies with the objectives for a special use within subclause (2).
  5. Consent shall not be required for development carried out by or on behalf of the Commonwealth Department of Defence for the purpose of defence or for a purpose ancillary or incidental to defence on that land shown on Map Panel C by distinctive colouring as being subject to a Special Use--Defence.

127 Telecommunications facilities

  1. The objectives for development for the purpose of telecommunications facilities are:
    1. to require telecommunications facilities to be provided in a manner that meets community expectations for modern telecommunications infrastructure, and
    2. to require telecommunications facilities to comply with standards on exposure levels for electromagnetic energy ("EME") and, in certain circumstances, to encourage facilities to be provided in ways that reduce exposure to EME, and
    3. to require telecommunications facilities to be provided in a manner that makes efficient use of existing infrastructure and services, and
    4. to require telecommunications facilities to be designed and located in such a way as to avoid and minimise impacts on the environment and amenity of the area in which the facilities are located, including the site of those facilities.
  2. Telecommunications facilities must be designed, installed and operated to comply with standards relating to human exposure to EME appearing in any applicable code or standard made under the applicable law of the Commonwealth.
  3. Telecommunications facilities are to be designed to minimise public exposure to EME through the principle of prudent avoidance, whereby low or no cost measures are employed to avoid or reduce exposures in accordance with the relevant provisions of the Council's Better Living DCP.
  4. Consent shall not be granted to development for the purpose of telecommunications facilities unless the consent authority is satisfied that the development:
    1. contributes toward meeting the current and future servicing needs of the locality for telecommunications (including future servicing needs of newly developing areas), and
    2. complements or enhances the character and streetscape of the surrounding area, and
    3. is visually integrated with the character and streetscape of the surrounding area, where proposed within a village precinct, and
    4. incorporates effective measures to avoid or mitigate damage to vegetation, threatened species and critical habitats, and
    5. cannot satisfactorily be located on an existing telecommunications tower, and
    6. incorporates effective measures to avoid or mitigate soil erosion,

with reference to the relevant provisions of the Council's Better Living DCP.

  1. Telecommunications facilities in a road reserve must:
    1. be consistent with the Austroads publication Telecommunications in Road Reserves--Operational Guidelines for Installations, as amended from time to time, and
    2. comply with the standards of the appropriate roads authority.

Division 9 - Management of public land and public infrastructure

128 Development of community land

Consent shall not be granted to development on community land within the meaning of the Local Government Act 1993 unless the development is consistent with the adopted plan of management applying to that land.

129 Classification and reclassification of public land as operational land

  1. The public land described in Schedule 7 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.
  2. Land described in Part 1 of Schedule 7:
    1. to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and
    2. continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as the case requires, as operational land.
  3. Land described in Columns 1 and 2 of Part 2 of Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Part 2 of Schedule 7.
  4. In this clause, "the relevant amending plan", in relation to land described in Part 2 of Schedule 7, means the local environmental plan that inserted the description of the land into that Part.
  5. Before the relevant amending plan inserted the description of land into Part 2 of Schedule 7, the Governor approved of subclause (3) applying to the land.

130 Acquisition for open space purposes

  1. The owner of land within the Recreation--Open Space zone or Environmental Protection--Open Space zone that is designated for acquisition by a distinctive border on Map Panel A, may request the Council to acquire that land by way of a written notice.
  2. On receipt of a notice in accordance with subclause (1), the Council shall acquire the land to which the notice relates.

131 Acquisition of land in the Regional Transport Corridor (Road)

  1. The owner of any vacant land within the Regional Transport Corridor (Road) may, by notice in writing, require the RTA to acquire the land.
  2. The owner of any land within the Regional Transport Corridor (Road) that is not vacant, may, by notice in writing, require the RTA to acquire the land if:
    1. the land is included in the 5 year works programme of the RTA current at the time of the receipt of notice, or
    2. the RTA has decided not to give concurrence required by clause 132 to an application for consent to the carrying out of development on the land, or
    3. the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.
  3. On receipt of a notice under this clause, the RTA shall acquire the land unless the land might reasonably be required to be dedicated for public roads.

132 Development in the Regional Transport Corridor (Road)

  1. A person may, with consent of the consent authority and the concurrence of the RTA, carry out any development on land within the Regional Transport Corridor (Road) that is allowed with or without consent on land adjoining the Regional Transport Corridor (Road) zone.
  2. Consent shall not be granted to development referred to in subclause (1) unless the consent authority is satisfied that the development is consistent with the objectives and other relevant provisions of this plan.
  3. In deciding whether to grant concurrence required by subclause (1), the RTA must take into consideration:
    1. the effects of the proposed development on future acquisition of the land by the RTA, and
    2. the imminence of the acquisition and existing acquisition intentions of the RTA.

133 Development adjoining the Regional Transport Corridor

  1. Consent shall not be granted to development adjoining the Regional Transport Corridor unless the consent authority is satisfied that any habitable buildings are designed to incorporate appropriate noise attenuation measures to avoid impacts from any classified road or the railway.
  2. Consent shall not be granted to development on land requiring direct access to a road within the Regional Transport Corridor (Road) without the concurrence of the RTA.
  3. In particular, consent for development that would result in an increase in the number of access points to a road within the Regional Transport Corridor (Road) may be carried out only with the concurrence of the RTA.
  4. Consent shall not be granted to development on land adjoining a road within the Regional Transport Corridor (Road) unless:
    1. the setback of any buildings from the alignment or proposed alignment of the road within the Regional Transport Corridor (Road) is a minimum of 18 metres, or
    2. the consent authority is satisfied that the existing development on the land or the physical or functional circumstances of the land would warrant a lesser setback, and that this would not result in creation of a traffic hazard.
  5. In deciding whether to grant concurrence required by this clause to proposed development, the RTA shall take the following matters into consideration:
    1. the need to carry out development on the land for the purpose of classified roads or proposed classified roads, within the meaning of the Roads Act 1993,
    2. the imminence of acquisition,
    3. the likely additional cost to the RTA resulting from the carrying out of the proposed development.

134 Crown development and public utilities

  1. Nothing in this plan shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit:
    1. the carrying out of development of any description specified in this clause, or
    2. the use of existing buildings of the Crown by the Crown.
  2. The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of:
    1. 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
    2. the erection within the limits of a railway station of buildings for any purpose,

but excluding:

  1. the construction of new railways, railway stations and bridges over roads, and
  2. the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and
  3. the formation or alteration of any means of access to a road, and
  4. the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
  1. The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings:
    1. development of any description at or below the surface of the ground,
    2. the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,
    3. the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,
    4. the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
    5. the erection of service reservoirs on land acquired or in process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council,
    6. any other development, except:
      1. the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect their design or external appearance, of buildings, or
      2. the formation or alteration of any means of access to a road.
  2. The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of 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 required for that purpose, except:
    1. the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
    2. the formation or alteration of any means of access to road.
  3. The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:
    1. the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect their design or external appearance, or
    2. the formation or alteration of any means of access to a road.
  4. The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
    1. the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
    2. the formation or alteration of any means of access to a road.
  5. The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
    1. the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or
    2. the formation or alteration of any means of access to a road.
  6. The carrying out of 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.
  7. The carrying out of any forestry work by the Forestry Commission, School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
  8. The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
    1. the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purposes, and
    2. any development designed to change the use or purpose of any such reserve.
  9. The carrying out or causing to be carried out by the Council, where engaged in flood mitigation works, or by the Department of Infrastructure, Planning and Natural Resources, of any work 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 Water Management Act 2000, the Farm Water Supplies Act 1946, or the Rivers and Foreshores Improvement Act 1948, except:
    1. the erection of buildings, and installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, and
    2. the formation or alteration of any means of access to a road.