New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 10

10 General development principles-rural and environmental protection zones and Hunter Employment Zone

(1) In determining any application for consent to carry out development on land within Zone No 1 (a), 1 (a1), 1 (bwc), 1 (c), 1 (c1), 1 (c2), 1 (f), 1 (v) or 7 (d1), the Council shall have regard, in addition to the matters specified in section 90 (1) of the Act:

(a) to the following general principles:

(i) development should be generally compatible with the rural suitability and capability of the land on which it is to be carried out, as indicated on maps deposited in the office of the Council,

(ii) development should be of a type compatible with the maintenance and enhancement, as far as is practicable, of the existing rural and scenic character of the City of Cessnock,

(iii) development (other than development on land within Zone No 1 (c), 1 (c1) or 1 (c2)) should not materially reduce the agricultural production potential of the land on which it is to be carried out, or of adjoining land,

(iv) the existing and possible future use of the land and of other land in the locality should not be prejudiced (particularly in the case of land which contains recoverable mineral or extractive resources),

(v) development should not materially affect any wildlife refuge, significant wetland or any identified site containing Aboriginal archaeological relics and such relics or places should be preserved where necessary,

(vi) development (including associated access roads) should not create or worsen soil erosion potential through the action of wind or water or the alteration of land form, and adequate measures should be taken to avoid such an effect,

(vii) adequate utility services and community facilities should be available to the land and its future occupants, and the land should be capable of accommodating on-site disposal of domestic waste and the provision of a domestic water supply, including a fire-fighting capacity,

(viii) development should not have the possible effect of creating demands for unreasonable or uneconomic provision or extension of services by the Council or any other public authority,

(ix) development should not create significant additional traffic or create or increase a condition of ribbon development on any road, particularly a main or arterial road, relative to the capacity, standard and safety of the road,

(x) the creation of vehicular access to a main or arterial road should be minimised and where no alternative access is available, the location and treatment of the access should minimise potential traffic hazards,

(xi) development should incorporate adequate drainage measures, including sediment and waste control, and prevention of the uncontrolled flow of water across the land or adjoining land,

(xii) development should not lead to any deterioration of water supply or water quality within a water catchment,

(xiii) where land is proposed to be cleared, vegetation should be retained in appropriate locations to reduce the visual impact of clearing to the maximum extent consistent with the rural character of the area,

(xiv) in the case of land within Zone No 1 (v), the general impact of development on the scenic catchment of the vineyards district should be minimised,

(b) to the following principles with respect to subdivision:

(i) the ratio of depth to frontage of each allotment to be created by the subdivision should be determined having regard to the purpose for which it is to be used and the need to minimise the creation of vehicular access points to any road and particularly to main or arterial roads,

(ii) the subdivision should not to any material extent create or increase the potential for ribbon development along any road, particularly a main or arterial road,

(iii) adequate all weather flood-free access should be available to each allotment to be created by the subdivision and located so as to minimise the risk of soil erosion,

(iv) a subdivision should be designed to maximise the retention of natural vegetation in any subsequent development, to ensure that any buildings likely to be erected on allotments created by the subdivision are able to be sufficiently separated to maintain the rural character of the locality, and to minimise the potential for significant alterations to the natural land form in any subsequent development by way of construction of access driveways, excavations, filling and the like,

(v) each allotment to be created by the subdivision should include flood-free land for building sites and for the movement of any stock during floods,

(vi) each allotment to be created by the subdivision should provide potential building sites with minimum risk of damage by bushfires or soil instability,

(vii) adequate soil erosion control measures should be incorporated in the subdivision, including measures to be carried out prior to the subdivision taking place,

(viii) allotments intended for use for pastoral purposes should be of sufficient size to ensure an adequate water supply for stock unless water can otherwise be provided, and

(c) to the following principles with respect to buildings:

(i) buildings should be sited and designed and be of an appropriate scale so as to maintain the rural character of the locality, to minimise disturbance to the landscape through clearing, earthworks, access roads, the use of platforms or stilts and other similar construction methods, to maintain slope stability, and to generally fit into their environment to the maximum extent consistent with their being sited to minimise flood and bushfire hazards,

(ii) buildings should not intrude into the skyline, when viewed from roads or other public places,

(iii) buildings should be sited in relation to the boundaries of the site, to existing buildings an the site or on adjoining land, and to potential building sites on adjoining land, so as to avoid too high a concentration of buildings and so that the overall pattern of building development maintains the rural character of the locality,

(iv) building materials and painting or other finishes should preferably be of dark natural tones with low reflective quality to the maximum extent consistent with effective heat insulation of the building and the comfort of its occupants,

(v) the curtilage of buildings should, wherever possible, be landscaped so as to lessen the impact of buildings on their natural or rural setting,

(vi) essential buildings should be sited in positions of least flood risk, and the floor levels of dwellings should be above the 100 year flood level and be capable of withstanding floodwater pressures,

(vii) adequate all weather flood-free access should be available to dwellings.

(2) The Council must, when determining any application for consent to carry out development on land within Zone No 1 (v) that is shown by diagonal broken black hatching on the map (being land that is potentially affected by the activities at the Singleton Army Field Firing Range), have regard to the likely effect of those activities.

(3) Before granting consent to the carrying out of development on land within Zone No 4 (h), the Council shall have regard to the following general principles:

(a) development should introduce new or innovative technologies to the State of New South Wales or to the Hunter Region,

(b) development should introduce new or cutting-edge research, development or production skills to NSW with potential for increasing the skills of workforces across the State or the Hunter Region,

(c) development should provide an integral part of the value-adding chain of an economic activity that is of State economic significance,

(d) development should involve research that is part of a long-term research or development program undertaken in collaboration with a tertiary institution,

(e) development should recycle or use a significant proportion of the core-business waste product of existing development in the zone and require proximity to that existing development so as to be economically viable,

(f) development should require separation from existing settlement or workplaces to comply with acceptable safety margins but not so as to consume so much land that other objectives of the zone are prejudiced,

(g) development should require proximity to the 330kv electricity transmission line for its economic viability,

(h) development should require proximity to the Sydney-Brisbane trunk fibre-optic cable for its economic viability,

(i) development should require direct access to rail-freight services provided by the South Maitland or Richmond Vale Railways,

(j) development should require access to high-capacity road networks for access to the ports of Newcastle and Sydney,

(k) development should encourage interactive relationships between different forms of development with the aim of optimising the use of energy and resources and minimising pollution and waste products produced by development so as to progressively achieve a closed cycle of resource use,

(l) development should maintain the ecological integrity and viability of areas of conservation value,

(m) development should protect the Aboriginal and European heritage values of land.