Environmental Planning and Assessment Act 1979 CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - Made under the Environmental Planning and Assessment Act 1979 - As at 22 October 2003 - Reg 034 of 1983 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of plan 2. Aims, objectives etc 3. Land to which plan applies 4. Relationship to other environmental planning instruments 5. Amendment of Campbelltown Local Environmental Plan No 1 6. Interpretation 7. Consent authority 8. Carrying out of development 9. Subdivision 10. Dwelling-houses within Zone No 7 (l) 11. (Repealed) 12. Electricity 13. Local environmental plant protection 14. Local environmental land protection 15. Water for domestic purposes 16. Tree preservation 17. Payment towards provision or improvement of amenities or services 18. Agriculture, animal boarding or training establishments, intensive horticulture and intensive livestock keeping SCHEDULE 1 CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 1 Name of plan 1 Name of plan This plan may be cited as Campbelltown Local Environmental Plan No 32. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 2 Aims, objectives etc 2 Aims, objectives etc This plan aims, in relation to the land to which this plan applies: (a) to ensure the protection of the natural bushland, particularly that which is located in and on the slopes of valleys, (b) to protect the creeks from pollution, (c) to prevent the premature and indiscriminate subdivision of the area, (d) to permit the erection of dwellings in a bushland setting while at the same time providing for reasonable safety in the event of bushfire, and (e) to control and permit only that development which the consent authority considers to be in sympathy with the intrinsic qualities of the subject land. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 3 Land to which plan applies 3 Land to which plan applies This plan applies to the land shown edged heavy black on the map. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 4 Relationship to other environmental planning instruments 4 Relationship to other environmental planning instruments This plan amends Campbelltown Local Environmental Plan No 1 in the manner set out in clause 5. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 5 Amendment of Campbelltown Local Environmental Plan No 1 5 Amendment of Campbelltown Local Environmental Plan No 1 Campbelltown Local Environmental Plan No 1 is amended by inserting after clause 2 the following clause: 2A This plan does not apply to the land to which Campbelltown Local Environmental Plan No 32 applies. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 6 Interpretation 6 Interpretation (1) In this plan, except in so far as the context or subject matter otherwise indicates or requires: "appointed day" means the day upon which this plan is published in the Gazette. "bush fire control" means fire mitigation or suppression works, the construction and maintenance of fire trails and the erection of structures and buildings appurtenant to the operations of bush fire brigades formed or organised by the council under section 19 of the Bush Fire Brigades Act 1949. "Council" means the Council of the City of Campbelltown. "dual occupancy building" means a building containing 2 dwellings to which the provisions of the Strata Titles Act 1973 do not apply. "home industry" has the meaning ascribed to it in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980, except for the purposes of the Table to clause 8 the words “residential flat building” wherever occurring in that definition shall be deemed to be omitted and the words “dual occupancy building” shall be deemed to be inserted instead. "home occupation" has the meaning ascribed to it in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980, except for the purposes of the Table to clause 8, the words “residential flat building” in that definition shall be deemed to be omitted and the words “dual occupancy building” shall be deemed to be inserted instead. "homesite area" means an area of land suitable, in the opinion of the council, for the erection of a dwelling-house or dual occupancy building, not being land having, or being land within 30 metres of land having, a slope greater than 1 in 6. "man-riding shaft" means a shaft from surface to seam with attendant facilities, buildings, structures and amenities for the purpose of the providing access for personnel and equipment to and from a coal mine. "stable" means a building or place used, or designed for use, for the purpose of the receiving, maintaining, boarding or keeping of more than 1 horse. "the map" means the map marked “ Campbelltown Local Environmental Plan No 32 ” deposited in the office of the council. "ventilation shaft" means a shaft from surface to seam with attendant facilities, buildings and structures for the purpose of providing mechanical ventilation to and from a coal mine. "zone" means land referred to in Column 1 of the Table to clause 8 and shown on the map by distinctive edging or in some other distinctive manner as referred to in that Column for the purpose of indicating the restrictions imposed by this plan on the development of land. (2) The Environmental Planning and Assessment Model Provisions 1980, except the definitions of "agriculture", "home industry", "home occupation" and "map" in clause 4 (1) thereof and clauses 5 (3), 9, 10, 12, 15, 17, 23, 24, 26 and 32 thereof, are adopted for the purposes of this plan. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 7 Consent authority 7 Consent authority The council is the consent authority for the purposes of this plan. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 8 Carrying out of development 8 Carrying out of development Subject to this plan, the purposes: (a) for which development may be carried out only with the consent of the council, and (b) for which development is prohibited, on land within each of the zones specified in Column 1 of the Table to this clause are respectively shown opposite thereto in Columns 2 and 3 of that Table. Table ___________________________________________________________________ |_________________________________________________| | |Purposes for | | |Zone and colour|which |Purposes for | |or other |development may |which | |indication on |be carried out |development is | |the map |only with the |prohibited | | |consent of the | | |_________________________________________________| | | |Bush fire | | | | |control, | | | | |children’s | | | | |playgrounds, | | | | |forestry, | | | | |gardens, parks, | | | | |picnic grounds | | | | |and public | | | | |reserves, and | | | | |buildings or | | | |OPEN SPACE(a) |uses associated | | | |Local Open |with those |Any purpose | | |Space. |purposes which |(other than those| |6 |Light green with|are under the |included in | | |dark green |care, control |Column 2). | | |edging and |and management | | | |lettered 6 (a). |of the Council; | | | | |drainage; man- | | | | |riding shafts; | | | | |roads; utility | | | | |installations | | | | |(other than gas | | | | |holders or | | | | |generating | | | | |works); | | | | |ventilation | | |___________________________________________________________________| | | |Agriculture; | | | | |bush fire | | | | |control; | | | |ENVIRONMENTAL |drainage; | | | |PROTECTION:(1) |dwelling-houses;|Any purpose | | |Environmental |home industries;|(other than those| |7 |Protection |home |included in | | |(Plateau). |occupations; |Column 2). | | |Orange and |man-riding | | | |lettered 7 (l). |shafts; roads; | | | | |stables; | | | | |ventilation | | |___________________________________________________________________| CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 9 Subdivision 9 Subdivision (1) A person may subdivide land to which this plan applies but only with the consent of the council. (2) The council may consent to the subdivision of land within Zone No 7 (l) only where each separate allotment of land created by the subdivision: (a) has an area of not less than 4 hectares, and (b) includes a homesite area. (3) Where land to which this plan applies is subdivided in stages, the council shall not grant consent as referred to in subclause (1) to a second or subsequent plan of subdivision of the land to which this plan applies unless so much of the land as is fully within Zone No 6 (a) and is included in that second or subsequent plan of subdivision is dedicated, free of cost, to the Council as a public reserve. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 10 Dwelling-houses within Zone No 7 (l) 10 Dwelling-houses within Zone No 7 (l) A person shall not erect a dwelling-house on land within Zone No 7 (l) unless the allotment of land on which the dwelling-house is to be erected: (a) has an area of not less than 4 hectares, and (b) is a homesite area. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 12 Electricity 12 Electricity The council may refuse consent to the carrying out of any development on any land unless arrangements satisfactory to it are made by the owner of the land to which the development application relates for the provision of electricity reticulation to that land and for the installation of such lamp standards as are approved by the council in relation to such reticulation. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 13 Local environmental plant protection 13 Local environmental plant protection The council, as a condition of its consent to the carrying out of any development, may impose a requirement that the site be rehabilitated and planted with appropriate native vegetation and maintained to the satisfaction of the council. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 14 Local environmental land protection 14 Local environmental land protection (1) A person shall not carry out development involving the removal of soil or bush stones from land within Zone No 6 (a) or 7 (l). (2) The council may require as a condition of its consent to the carrying out of development on any land the subject of this plan that soil conservation works of a standard acceptable to the Soil Conservation Service of New South Wales be carried out to minimise soil erosion and sedimentation problems on that land, adjoining land and land in the locality. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 15 Water for domestic purposes 15 Water for domestic purposes The council, as a condition of its consent to the carrying out of any development, may impose a requirement that the applicant install water storage facilities for domestic purposes. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 16 Tree preservation 16 Tree preservation A person shall not ringbark, cut down, top, lop or wilfully destroy any tree without the consent of the council. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 17 Payment towards provision or improvement of amenities or services 17 Payment towards provision or improvement of amenities or services As a consequence of the carrying out of development in accordance with this plan (as in force at the time the development is carried out), this plan identifies a likely increased demand for public amenities and public services as specified in Schedule 1 and stipulates that dedication or a contribution, or both, under section 94 (1) of the Act may be required as a condition of any consent to that development. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - REG 18 Agriculture, animal boarding or training establishments, intensive horticulture and intensive livestock keeping 18 Agriculture, animal boarding or training establishments, intensive horticulture and intensive livestock keeping (1) In this Plan: "agriculture" means the use of land for horticulture and livestock keeping and breeding but does not include intensive horticulture, intensive livestock keeping or the use of land for an animal boarding or training establishment. "animal boarding or training establishment" means a building or place used for commercial boarding, breeding, keeping, maintaining, receiving or training of dogs, cats, horses or birds. "intensive horticulture" means the use of land to grow a commercial crop of plants, trees or fungi, whether under cover or in the open using any of the following: (a) hydroponics, (b) sprinkler systems, (c) artificial housing, (d) crop protection structures, (e) market gardening, (f) orcharding, (g) the growing of field flowers, but does not include the growing of produce solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land on which they are grown. "intensive livestock keeping" means the use of land for keeping and nurturing cattle, sheep, goats, poultry, or other livestock by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes the use of land for: (a) feedlots, (b) piggeries, (c) poultry farms, (d) the farming of fish (including crustaceans), but does not include the use of land for an animal boarding or training establishment or the use of land for the keeping of livestock intended solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land. (2) The Council in determining an application for consent required for any of the uses defined in this clause shall take into consideration the following matters: (a) the need to protect the quality of downstream watercourses, (b) the need to conserve native vegetation, (c) the need to protect environmentally sensitive land, such as riparian land, land containing an endangered species, population or ecological community or a vulnerable species within the meaning of the Threatened Species Conservation Act 1995, (d) the need to protect the amenity of the area from noise, spray drift, odour or any other potentially offensive consequences, (e) the need to limit the impact of development on flood liable land, (f) the cumulative impact of the proposed use and the use of the land for the keeping of livestock or the growing of produce intended solely for personal consumption or enjoyment by an owner or occupier of a dwelling on the land. CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - SCHEDULE 1 SCHEDULE 1 (Clause 17) Bush fire control Drainage Open space Roads CAMPBELLTOWN LOCAL ENVIRONMENTAL PLAN NO 32 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| Table of amending instrumentsCampbelltown Local Environmental Plan No 32 published in Gazette No 9 of 21.1.1983, p 294 and amended in GGs No 104 of 19.6.1987, p 3094, No 118 of 15.7.1988, p 3783 and No 18 of 7.2.1992, p 737 and as follows: Campbelltown Local Environmental Plan No 216 (GG No 159 of 8.12.2000, p 12880) Table of amendments ______________________________________________ |______________________________________________| |______________________________________________| |______________________________________________| |______________________________________________| |______________________________________________|