Environmental Planning and Assessment Act 1979 TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - Made under the Environmental Planning and Assessment Act 1979 - As at 1 March 2011 - Reg 606 of 1991 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of plan 2. Aims, objectives etc 3. Land to which plan applies 4. Relationship to other environmental planning instruments 5. Interpretation 6. Adoption of Model Provisions 7. Consent authority PART 2 - ZONES 8. Zones indicated on the map 9. Zone objectives and development control table PART 3 - SPECIAL PROVISIONS 9A. Exempt and complying development 9B. Development for public purposes 10. General considerations for development within the Shire 11. Subdivision of land generally 12. Subdivision of land within Zone No 1 (a) 13. Subdivision of land for the purpose of agriculture within Zone No 1 (a) 14. (Repealed) 15. Subdivision for other purposes within Zone No 1 (a) 16. Subdivision for the purposes of dwelling-houses within Zone No 1 (c) 17. Subdivision for cluster housing development 18. Requirements for subdivision of land within Zone No 1 (c) and for the purpose of cluster housing development 19. Subdivision of land for the purpose of dwelling houses in Zone No 2 (v) 20. Subdivision savings clause 21. Dwelling-houses within Zone No 1 (a) 21A. Dwelling entitlements on existing concessional lots 22. Rural workers’ dwellings within Zone No 1 (a) 23. Dwelling-houses on land fronting certain roads 24. Dwelling-houses within Zone No 1 (c) 25. Dwelling-houses within Zone No 2 (v) 26. Advertised development 27. Development along arterial roads 28. Environmentally sensitive land 29. Flood liable land 30. Land subject to bush fire hazards 31. Heritage items 32. Development in the vicinity of heritage items 33. Heritage conservation area 34. Heritage advertisements 35. Conservation incentives 36. Provisions relating to heritage items covered by a conservation instrument 37. Access 38. Development near zone boundaries 39. Advertising structures 40. Community use of school facilities and sites 41. Dual occupancy 42. Development for certain additional purposes 43. Development within the Welcome Reef Dam inundation area and buffer zone 43A. Development within the Sydney drinking water catchment comprising intensive plant growing 44. Development of certain land—near Gillamatong Creek, Braidwood 45. Development of certain land—Lot 15, DP 882788 at Bombay SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 1 Name of plan 1 Name of plan This plan may be cited as Tallaganda Local Environmental Plan 1991. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 2 Aims, objectives etc 2 Aims, objectives etc The general aims and objectives of this plan are: (a) to encourage the proper management, development and conservation of natural and man-made resources within the Shire of Tallaganda by protecting, enhancing and conserving: (i) prime crop and pasture land, (ii) timber, mineral, soil, water and other natural resources, (iii) places of significance for nature conservation, (iv) features and places of high scenic or recreational value, (v) places and buildings of archaeological or heritage significance, including aboriginal relics and places, and (b) to replace the existing planning controls with a single local environmental plan to help facilitate growth and development of the Shire of Tallaganda in a manner which is consistent with the objectives specified in paragraph (a) and which: (i) minimises the cost to the community of fragmented and isolated development of rural land, (ii) facilitates the efficient and effective delivery of services and facilities, (iii) facilitates a range of residential and employment opportunities in accordance with demand, (iv) facilitates farm adjustments, (v) identifies suitable localities and standards for the development of rural small holdings, (vi) provides for the protection and enhancement of heritage items within the township of Braidwood and other towns within the Shire, (vii) facilitates the provision of tourist accommodation, (viii) assists the effective management of commercial forestry, (ix) supports the preparation of development guidelines appropriate to environmentally sensitive, visually significant and bushfire-prone or flood-prone localities in accordance with land capability, (x) facilitates the future development and protection of the catchment area of the Welcome Reef Dam, (xi) establishes measures to preserve water quality in the Shire’s streams and waterways, (xii) ensures that the efficiency of arterial roads is not adversely affected by development on adjacent land, and (xiii) facilitates the development of commerce and industry at some future date, and (c) to afford protection to the environmental heritage within the Shire of Tallaganda by: (i) conservation of the environmental heritage, (ii) integration of heritage conservation into the planning and development control processes, (iii) providing for public involvement in the matters relating to the conservation of the environmental heritage, and (iv) ensuring that development is undertaken in a manner that is sympathetic to and does not detract from the heritage significance of the items and their settings. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 3 Land to which plan applies 3 Land to which plan applies This plan applies to all land within the Shire of Tallaganda as shown on the map with boundaries as indicated on the map. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 4 Relationship to other environmental planning instruments 4 Relationship to other environmental planning instruments Interim Development Order No 1—Shire of Tallaganda, and such local environmental plans as, immediately before the appointed day, applied to the land to which this plan applies, are repealed. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 5 Interpretation 5 Interpretation (1) In this plan: "agriculture" means the use of land for any purpose of husbandry including the keeping or breeding of livestock, poultry or bees, and the growing of crops, fruit, vegetables and the like and includes horticulture, but does not include the use of land for intensive livestock-keeping establishments, the erection of buildings or rural industry. "alter", in relation to a heritage item or to a building or work within a conservation area, means: (a) make structural changes to the outside of the heritage item, building or work, or (b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work. "appointed day" means the day on which this plan takes effect. "animal boarding or training establishment" means a place for the commercial boarding, breeding, keeping, boarding or training of animals and includes a riding school and veterinary clinic. "arterial road" means: (a) an existing road indicated on the map by heavy broken black lines, and (b) existing classified Main Roads Nos 51, 79, 92, 270 and 271. "caravan park" means land designated as sites for movable dwellings, including tents and caravans or other vehicles used for accommodation. "classified roads" means all roads proclaimed or dedicated as a public road under the authority of any Act. "cluster housing development" means: (a) the subdivision of land under the Community Land Development Act 1989, and (b) the erection of a single dwelling-house on one or more of the lots created by that subdivision. "commercial stockholding yards" means stockyards primarily used for regular public sales of stock. "Council" means Palerang Council. "demolition", in relation to a heritage item, or to a building or work within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work in whole or in part. "environmentally sensitive land" means land shown diagonally hatched with black lines on the map. "existing holding" means: (a) except as provided in paragraph (b), the area of a lot or portion of land as it was at 14 June 1974, or (b) where, as at 14 June 1974, a person owned two or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels as they were at 14 June 1974. "flood liable land" means land shown crosshatched with black lines on the part of the map identified as the Braidwood Village Zone. "heritage conservation area" means an area of heritage significance, being the land edged with a broken black line and marked “Heritage Conservation Area” on the map. "heritage item" means a building, work, relic, tree or place of heritage significance to the Shire of Tallaganda described in Schedule 1. "heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance. "intensive livestock-keeping establishment" means a building or place in which or upon which cattle, sheep, goats, poultry or other livestock are held for the purposes of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes: (a) feedlots, (b) piggeries, (c) poultry farms, and (d) fish farms (including farms cultivating crustaceans), but does not include an animal boarding or training establishment or the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land. "maintenance", in respect of a heritage item, means the continuous protective care of the fabric of the item and its setting. "parcel" means two or more adjoining or adjacent lots or portions in the same ownership. "periodic public entertainments" means a fete, show, fireworks display or the like conducted from time to time by service clubs or similar bodies, but does not include major commercial entertainments. "prime crop and pasture land" means land within an area identified, on a map prepared by or on behalf of the Director-General of the Department of Agriculture, as Class 1, Class 2 or Class 3 or as land of merit for special agricultural uses, but does not include land which the Director-General of the Department of Agriculture has notified the Council in writing is not prime crop and pasture land for the purposes of this plan. "public amenity" means a temporary shelter, toilet or ablution building, or a small kiosk used only during sporting or recreational activities. "recreation area" means: (a) a children’s playground, (b) a place used for sporting activities or sporting facilities, (c) a place 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) a public authority, or (ii) a body of persons associated for the purposes of promoting the physical, cultural or intellectual welfare of persons within the community, but does not include a racecourse or a showground. "relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of the Council and listed or otherwise indicated in a document available for inspection at the office of the Council. "renovation", in relation to a building or work, means the making of structural or non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building. "Sydney Catchment Authority" means the Sydney Catchment Authority constituted under the Sydney Water Catchment Management Act 1998. "the map" means the set of maps marked “ Tallaganda Local Environmental Plan 1991 ” as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of the maps) marked as follows: Note: The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan. Tallaganda Local Environmental Plan 1991 (Amendment No 1) Tallaganda Local Environmental Plan 1991 (Amendment No 3)—Sheets 3 and 4 "tree" includes a sapling and a shrub. "water catchment area" means all land within the Shire of Tallaganda except those lands located within the Parishes of Fairy Meadow and Merigan. "watercourse" means a water flow line along which water flows permanently or intermittently and which is so shown in respect of the land to which this plan applies on a Central Mapping Authority 1: 25,000 topographic map. "Welcome Reef Dam inundation area and buffer zone (Stage 2)" means the land shown horizontally hatched with black lines on the map. "wetlands" means the areas of marsh, fen, peat land, or water identified in a distinctive manner on the map. (2) In this plan: (a) a reference to a map is a reference to a map deposited in the office of the Council, (b) a reference to the destruction of a tree is a reference to the ringbarking, cutting down, felling, poisoning, topping, lopping, removing or other destruction of or injury to a tree, and (c) 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. (3) Notes in this plan do not form part of this plan. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 6 Adoption of Model Provisions 6 Adoption of Model Provisions The Environmental Planning and Assessment Model Provisions 1980, except for: (a) the definition of "agriculture", "arterial road" and "map" in clause 4 (1), and (b) clauses 15, 24, 29, 31 (c) and 33, are adopted for the purposes of this plan. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 7 Consent authority 7 Consent authority The Council shall be the consent authority for the purposes of this plan. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 8 Zones indicated on the map 8 Zones indicated on the map (1) For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone: Zone No 1 (a) (General Rural)—edged heavy black and lettered “1 (a)”. Zone No 1 (c) (Rural Small Holdings)—edged heavy black and lettered “1 (c)”. Zone No 1 (f) (State Forest)—edged heavy black and lettered “1 (f)”. Zone No 2 (v) (Village or Urban)—edged heavy black and lettered “V”. Zone No 6 (c) (Private Recreation)—edged heavy black and lettered “6 (c)”. Zone No 8 (National Park)—edged heavy black and numbered “8”. (2) Zones Nos 1 (a) and 1 (c) are referred to collectively as “the rural zones”. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 9 Zone objectives and development control table 9 Zone objectives and development control table (1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone. (2) Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which: (a) development may be carried out without development consent, (b) development may be carried out only with development consent, and (c) development is prohibited, are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone. (3) Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless the Council is of the opinion that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out. Table Zone No 1 (a) (General Rural) 1 Objectives of zone The objectives of this zone are to promote the proper management and utilisation of resources by: (a) protecting, enhancing and conserving: (i) agricultural land, particularly prime crop and pasture land, in a manner which sustains its efficient and effective agricultural production potential, (ii) soil stability by controlling and locating development in accordance with soil capability, as identified by the Soil Conservation Service, (iii) forests of existing and potential commercial value for timber production, (iv) valuable deposits of minerals, coal, petroleum and extractive materials by controlling the location of development for other purposes in order to ensure the efficient extraction of those deposits, (v) trees and other vegetation on environmentally sensitive land and in any place where the conservation of the vegetation is significant to the protection of scenic amenity or natural wildlife habitat or is likely to control or contribute to the control of land degradation, (vi) water resources and water catchment areas for use in the public interest, (vii) localities of significance for nature conservation, including localities with rare plants, wetlands, permanent watercourses and significant wildlife habitat, and (viii) places and buildings of archaeological or heritage significance, including aboriginal relics and places, (b) facilitating farm adjustments, (c) minimising the cost to the community of: (i) fragmented and isolated development of rural land, and (ii) providing, extending and maintaining public amenities and services, and (d) providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development, and subject to the capability of the land and its importance in terms of the other provisions of this clause. 2 Without development consent Agriculture (other than stockyards within 50 metres of a public road boundary); periodic public entertainments; tree planting, including planting for the purpose of growing farm woodlots or shelter belts of up to 10 hectares each, but not including planting for the purpose of forestry. 3 Only with development consent Any purpose other than a purpose included in item 2 or 4. 4 Prohibited Cluster housing development (other than on land to which clause 17 applies); motor showrooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area). Zone No 1 (c) (Rural Small Holdings) 1 Objectives of zone The objective of this zone is to facilitate development of land identified as suitable for: (a) rural residential or hobby farm development, or (b) home industries which are compatible with the environmental capabilities of the land and which will not adversely affect, the environment, and, in particular, will not adversely affect the quality of water resources in the vicinity. 2 Without development consent Agriculture. 3 Only with development consent Any purpose other than a purpose included in item 2 or 4. 4 Prohibited Boarding-houses; commercial premises; extractive industries; hazardous or offensive industries; hotels; intensive livestock-keeping establishments; junkyards; mines; motels; motor showrooms; refreshment rooms; residential flat buildings; shops (other than general stores not exceeding 100 square metres in gross floor area). Zone No 1 (f) (State Forest) 1 Objectives of zone The objectives of this zone are: (a) to identify land within the Shire of Tallaganda dedicated as a State forest under the Forestry Act 1916, and (b) to encourage the use of that land for the purposes permitted under that Act so as to provide employment opportunities in forestry and the timber industry and to promote the use and enjoyment of that land, but in all cases having regard to the likely effect of forestry works on the environment within the Shire of Tallaganda. 2 Without development consent Any purpose or activity authorised under the Forestry Act 1916 undertaken by or on behalf of the Forestry Commission. 3 Only with development consent Nil. 4 Prohibited Any purpose other than a purpose included in item 2. Zone No 2 (v) (Village or Urban) 1 Objectives of zone The objective of this zone is to promote development in existing towns and villages and to allow future development in them in a manner which is compatible with their urban function. 2 Without development consent Nil. 3 Only with development consent Any purpose other than a purpose included in item 4. 4 Prohibited Extractive industries; intensive livestock-keeping establishments; mines; offensive and hazardous industries. Zone No 6 (c) (Private Recreation) 1 Objectives of zone The objectives of this zone are to add a distinctive buffer zone between the existing village and land set aside for future urban expansion and to enable that land to be used for the purpose of recreation. 2 Without development consent Nil. 3 Only with development consent Bowling greens; golf courses; recreation areas. 4 Prohibited Any purpose other than a purpose included in item 3. Zone No 8 (National Park) 1 Objectives of zone The objectives of this zone are to identify national parks and nature reserves administered by the National Parks and Wildlife Service and to facilitate use of those lands for the purposes of the National Parks and Wildlife Act 1974. 2 Without development consent Any purpose or activity authorised under the National Parks and Wildlife Act 1974 undertaken by or on behalf of the National Parks and Wildlife Service. 3 Only with development consent Nil. 4 Prohibited Any purpose other than a purpose included in item 2. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 9A Exempt and complying development 9A Exempt and complying development (1) Development of minimal environmental impact listed as exempt development in Development Control Plan No 6—Exempt Development as adopted by the Council on 17 January 2000 is "exempt development", despite any other provision of this plan. (2) Development listed as complying development in Development Control Plan No 7—Complying Development as adopted by the Council on 17 January 2000 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) it is not an existing use, as defined in section 106 of the Act. (3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 6—Exempt Development as adopted by the Council on 17 January 2000 and Development Control Plan No 7—Complying Development as adopted by the Council on 17 January 2000. (4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 7—Complying Development adopted by the Council, as in force when the certificate is issued. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 9B Development for public purposes 9B Development for public purposes Despite clause 9, development carried out by or on behalf of the Council for the following purposes does not require development consent: (a) bridges and staircases installed in public parks and recreation areas with a maximum span of 5 metres, (b) goal posts, sight screens and similar ancillary sporting structures on existing sporting or playing fields for use in sporting events (excluding grandstands, dressing sheds and others structures), (c) bus shelters, (d) park and street furniture, seats, bins, picnic tables and minor shelters, (e) playground equipment on land classified as “community”, (f) street signs comprising name plates, directional signs and advance traffic warning signs, (g) chainwire fences around Council-owned compounds and depots, (h) bushfire hazard reduction. All development is to be carried out in accordance with relevant Australian Standards and the Building Code of Australia. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 10 General considerations for development within the Shire 10 General considerations for development within the Shire The Council may consent to an application to carry out development on land within Zone No 1 (a), 1 (c) or 2 (v) providing it has taken into consideration, if relevant, the effect of the carrying out that development on: (a) the present use of the land for the purposes of agriculture and the potential of any land which is prime crop and pasture land for sustained agricultural production, (b) vegetation, timber production, land capability (including soil stability) and water resources (including the quality and stability of watercourses, aquatic wildlife habitat, ground water storage and riparian rights), (c) the future recovery of known or prospective areas of valuable deposits of minerals, coal, petroleum or extractive materials, (d) the protection of localities of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including aboriginal relics and places, (e) the cost of providing, extending and maintaining public amenities and services to the development, (f) future expansion of settlement in the locality, and (g) the quality and availability of water resources within the water catchment area. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 11 Subdivision of land generally 11 Subdivision of land generally (1) A person must not subdivide land to which this plan applies, except with the consent of Council. (2) The Council shall not grant consent to the subdivision of land within Zone No 1 (a) or 1 (c) unless it has made an assessment of whether: (a) the ratio of depth to frontage of each proposed allotment is adequate, having regard to: (i) the purpose for which the allotment is intended to be used, (ii) minimising the creation of vehicular access points to main or arterial roads, (iii) the location of vehicular access points from the allotment in a safe position, and (b) the subdivision will create or increase the potential for ribbon development along any road, particularly a main or arterial road. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 12 Subdivision of land within Zone No 1 (a) 12 Subdivision of land within Zone No 1 (a) (1) This clause applies to land within Zone No 1 (a). (2) A person who makes an application to subdivide land to which this clause applies shall, in respect of that application: (a) state, in relation to each allotment to be created by the subdivision, the primary purpose for which that allotment is intended to be used, (b) identify any allotment which is intended to be used primarily for the purpose of agriculture, (c) identify any allotment which is intended to be used primarily for the purpose of a dwelling, (d) identify any allotment on which it is intended to erect a dwelling and state whether or not the dwelling is the primary purpose for which the allotment is being created, (e) show the approximate location of any dwelling erected on the land at the date of the application, and (f) identify any land residue to the subdivision. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 13 Subdivision of land for the purpose of agriculture within Zone No 1 (a) 13 Subdivision of land for the purpose of agriculture within Zone No 1 (a) (1) This clause applies to land within Zone No 1 (a). (2) The Council may consent to the creation, from land to which this clause applies, of an allotment of any area if Council is satisfied that the proposed allotment will he used for the purpose of agriculture. (3) The Council shall not consent to the creation of an allotment which the Council is satisfied will be used for the purpose of agriculture if the allotment has an area of less than 40 hectares and there is a dwelling on the allotment. Note: Clause 9 of the State Environmental Planning Policy (Rural Lands) 2008 also enables the subdivision of lots for the purposes of primary production. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 15 Subdivision for other purposes within Zone No 1 (a) 15 Subdivision for other purposes within Zone No 1 (a) (1) This clause applies to land within Zone No 1 (a). (2) The Council must not consent to an application to subdivide land to which this clause applies if the Council is satisfied that any allotment to be created by the subdivision will be used for purposes other than agriculture or a dwelling unless, in the opinion of the Council: (a) the land to be subdivided is not prime crop and pasture land and the subdivision and subsequent development is unlikely to affect the agricultural production potential of other land adversely, and (b) the area of each allotment to be created by the subdivision is appropriate having regard to the purpose for which it is being created. (3) Nothing in subclause (2) prevents the Council from granting consent to an application if it is satisfied that: (a) the purpose for which the allotment is to be used involves the supply of goods or services for which there is a demand in the locality, (b) no other land in the locality could reasonably be used for that purpose, and (c) the level of demand for the goods or services which are to be supplied from the allotment and the extent to which that allotment is proposed to be used to meet that demand justifies the creation of the allotment notwithstanding its agricultural value. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 16 Subdivision for the purposes of dwelling-houses within Zone No 1 (c) 16 Subdivision for the purposes of dwelling-houses within Zone No 1 (c) (1) This clause applies to land within Zone No 1 (c). (2) The Council may consent to an application to subdivide land to which this clause applies if the Council is satisfied that any allotment to be created by the subdivision will have an area of not less than 4 hectares and will be used for the purpose of a dwelling- house. (3) Notwithstanding subclause (2), the Council may consent to the subdivision of land to which this clause applies involving the creation of allotments having areas of less than 4 hectares if it is satisfied that: (a) the average area of the allotments proposed to be created by the subdivision (excluding any part of the land having an area of more than 10 hectares) will not be less than 4 hectares, (b) none of the allotments proposed to be created by the subdivision will have an area of less than 2 hectares, (c) not more than 15 percent of the land (excluding any part of the land that is comprised of allotments having an area of more than 10 hectares) is to be comprised of allotments having an area of less than 4 hectares, (d) allotments having an area of less than 4 hectares will not be clustered in groups of more than 4 such allotments, and (e) each allotment having an area of less than 4 hectares will have frontage to a public road other than an arterial road. (4) Notwithstanding subclauses (2) and (3), the Council may consent to an application to subdivide land within Zone No 1 (c) shown edged with a heavy black line and diagonally hatched with black lines on the map, to create allotments having areas of less than 4 hectares but not less than 2 hectares. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 17 Subdivision for cluster housing development 17 Subdivision for cluster housing development (1) This clause applies to the land referred to in Schedule 2. (2) Notwithstanding any other provisions of this plan, a person may, with the consent of the Council, carry out cluster housing development in respect of the land to which this clause applies. (3) The Council shall not consent to the carrying out of cluster housing development in respect of the land to which this clause applies unless: (a) each lot to be created by the development has an area of at least 1 hectare but not more than 4 hectares, and (b) not more than one dwelling-house is proposed to be erected for each 10 hectares of the land in respect of which the development is proposed to be carried out. (4) Where land to which this clause applies is being used for the purposes of cluster housing development, further subdivision of the land is prohibited. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 18 Requirements for subdivision of land within Zone No 1 (c) and for the purpose of cluster housing development 18 Requirements for subdivision of land within Zone No 1 (c) and for the purpose of cluster housing development When considering the size and number of allotments to be created by a subdivision of land within Zone No 1 (c) or for the purposes of cluster housing development, the Council shall not consent to the subdivision unless it is satisfied that the following matters have been taken into consideration by the developer: (a) the land capability (including soil resources and soil stability), natural constraints and hazards of the land to be subdivided in relation to the density of the allotments proposed to be created, (b) the desirability of providing a range and mixture of allotment sizes, (c) whether the design of each allotment to be created by the subdivision is satisfactory for the economical provision of services and physically suitable for on-site disposal of wastes, (d) the findings of a permeability test to ascertain whether the land has adequate capability for on-site effluent disposal and that such disposal will not adversely affect water quality or adjoining land through either surface or sub-surface flows, (e) the visual impact of the development from arterial roads, and (f) whether an adequate water supply is available to each allotment. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 19 Subdivision of land for the purpose of dwelling houses in Zone No 2 (v) 19 Subdivision of land for the purpose of dwelling houses in Zone No 2 (v) (1) This clause applies to land within Zone No 2 (v). (2) The Council may consent to an application to subdivide land to which this clause applies so as to create allotments which the Council is satisfied will be used for the purpose of dwelling-houses where the proposed allotments: (a) if located within a sewered section of the Braidwood village zone—will have areas of at least 550 square metres, or (b) if located elsewhere—will have areas of at least 2,000 square metres, provided that the findings of a permeability test in a section of the land so located demonstrate that the land has adequate capability for the on-site disposal of effluent and that such disposal will not adversely affect water quality or adjoining land through either surface or sub-surface flows. (3) The Council may consent to an application to subdivide land to which this clause applies that is within a sewered section of the Braidwood Village zone so as to create allotments having areas of less than 550 square metres if the Council is satisfied that the proposed allotments will be used for any purpose (other than for the purpose of a dwelling-house, a residential flat building, a boarding house, a motel or the like) for which they may be used (either with or without development consent) in accordance with this plan, and that the areas of the proposed allotments are appropriate, having regard to the purpose for which they are to be used. (4) Despite subclause (2), the Council may consent to an application to subdivide land to which this clause applies that is located otherwise than within a sewered section of the Braidwood Village zone so as to create allotments having areas of less than 2,000 square metres (but not less than 1,000 square metres) provided that the Council is satisfied with the results of a detailed analysis of the suitability for on-site disposal of wastes of the lots to be created, where that analysis has included consideration of: (a) slope, (b) ground cover, (c) transpiration factors, (d) the proximity of the proposed dwellings to flow-lines, (e) the location of the proposed dwellings in relation to proposed septic systems and to each other, and (f) the composition of the soil. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 20 Subdivision savings clause 20 Subdivision savings clause Nothing in the plan shall prohibit or restrict a subdivision of land in Zones Nos 1 (a), 1 (c) and 2 (v) for any of the following purposes: (a) the opening or widening of a public road, (b) minor adjustments to common property boundaries, (c) to rectify any encroachment upon an existing allotment, or (d) to enlarge the area of an existing holding by amalgamating that existing holding with one or more existing holdings. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 21 Dwelling-houses within Zone No 1 (a) 21 Dwelling-houses within Zone No 1 (a) (1) This clause applies to land within Zone No 1 (a). (2) The Council may only grant consent to the erection of a dwelling- house on land to which this clause applies on which no dwelling is erected and which: (a) has an area of not less than 40 hectares, (c) comprises the whole of an existing holding, and providing the Council is satisfied that: (i) there will be adequate coinciding legal and practical vehicular access available to the dwelling-house, (ii) the erection of the dwelling-house will not create or increase ribbon development along a main or arterial road, and (iii) adequate utility services are or will be available to the existing holding, (d) comprises an allotment created by subdivision in accordance with clause 15, if the Council is satisfied that the use of the dwelling house will be ancillary and subsidiary to the purpose for which the allotment was created, (e) comprises an allotment created by a subdivision to which the consent of the Council was granted before the appointed day and on which a dwelling-house could have been lawfully erected under the planning instrument then in force, or (f) comprises an allotment created by subdivision in accordance with clause 13 and which has an area of less than 40 hectares but not less than 4 hectares where the Council is satisfied that: (i) the land is capable of sustaining a financially viable intensive agricultural activity, and (ii) the dwelling is necessary for, and will be ancillary to, the use of the land for the purpose of intensive agriculture. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 21A Dwelling entitlements on existing concessional lots 21A Dwelling entitlements on existing concessional lots The amendment of this plan by the State Environmental Planning Policy (Rural Lands) 2008 does not affect any entitlement arising under a provision of this plan (as in force before that amendment) to erect a dwelling-house on a lot, if: (a) the lot was created before that commencement, or (b) development consent to the creation of the lot was applied for, or granted, before that commencement. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 22 Rural workers’ dwellings within Zone No 1 (a) 22 Rural workers’ dwellings within Zone No 1 (a) (1) The Council may consent to an application to erect one additional dwelling-house, being a rural worker’s dwelling, on land within Zone No 1 (a) which has an area of not less than 80 hectares for each 40 hectares of the land, if the Council is satisfied that: (a) no additional access to a main or arterial road is required from the land, and (b) any dwellings to be erected on that land will not interfere with the purpose for which the land is being used. (2) The Council shall not consent to an application for the erection of a rural worker’s dwelling unless the additional dwelling is to be located on land comprised within the same Certificate of Title as the land on which the principal dwelling stands where the Crown Portion or allotment on which the additional dwelling is to be erected has an area of less than 40 hectares. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 23 Dwelling-houses on land fronting certain roads 23 Dwelling-houses on land fronting certain roads (1) This clause applies to land having frontage to a road listed in Schedule 3. (2) The Council shall not grant consent to the erection of a dwelling-house or rural worker’s dwelling on land to which this clause applies unless: (a) the dwelling is to be erected at a distance greater than 100 metres from the road boundary, or (b) screening is provided where the dwelling is to be located at a distance of between 40 metres and 100 metres from such road. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 24 Dwelling-houses within Zone No 1 (c) 24 Dwelling-houses within Zone No 1 (c) (1) The Council may consent to an application to erect a dwelling- house on land within Zone No 1 (c) if the land has an area of not less than 4 hectares. (2) Notwithstanding subclause (1), the Council may consent to an application to erect a dwelling house on land within Zone No 1 (c) shown edged with a heavy black line and vertically hatched with black lines on the map, having an area of not less than 2 hectares. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 25 Dwelling-houses within Zone No 2 (v) 25 Dwelling-houses within Zone No 2 (v) The Council may consent to an application to erect a dwelling house on land within Zone No 2 (v) if the land: (a) has an area of not less than 550 square metres if it is located in a sewered section of the Village of Braidwood, or (b) has an area of not less than 2,000 square metres if it is located in any other section of a Village Zone. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 26 Advertised development 26 Advertised development Development for the purposes specified in Schedule 4 is identified as advertised development for the purposes of this plan. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 27 Development along arterial roads 27 Development along arterial roads (1) The Council may grant consent to an application to carry out development on land which has frontage to an arterial road, providing: (a) access to that land is provided by a road other than the arterial road, wherever practicable, (b) in the opinion of the Council, the safety and efficiency of the arterial road will not be adversely affected by: (i) the design of the access to the proposed development, (ii) the emission of smoke or dust from the proposed development, or (iii) the nature, volume or frequency of vehicles using the arterial road to gain access to the proposed development, and (c) the location, design and construction of access points and on-site roadways and parking areas are to be such as do not cause erosion or sedimentation or traffic hazards. (2) Unless adequate provision is made for safe access and the maximum abatement of traffic safety problems, the Council shall not consent to the development of rural land within Zone No 1 (a) or 1 (c) for any purpose listed in Schedule 5 if the development of the land for the purpose will have direct access to: (a) an arterial road, or (b) a road connecting an arterial road, and the access to that road is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the arterial road. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 28 Environmentally sensitive land 28 Environmentally sensitive land (1) In this clause: "clearing" means the removal of trees and other vegetation, including the killing of trees by chemicals or other means, but does not include the clearing of regrowth being trees or shrubs that are less than four metres in height and are on land previously cleared for agricultural use, eradication of noxious plants or the cutting down of individual trees for farm purposes such as fencing, which may be carried out without the consent of the Council. "draining" means the mechanical disturbance or removal of soil having the effect of accelerating or otherwise modifying surface or sub- surface waterflow and includes the construction of dams. (2) A person shall not carry out development on environmentally sensitive land for the purposes of: (a) intensive livestock keeping, (b) junk yards, (c) liquid fuel depots, (d) offensive or hazardous industries, (e) sawmills, or (f) commercial stockholding yards. (3) A person must not carry out forestry works on environmentally sensitive land, except with the consent of the Council. (4) A person shall not clear or drain environmentally sensitive land for any purpose, except with the consent of the Council. (5) The Council may not grant consent to the clearing or draining of land unless: (a) in the opinion of the Council, the clearing or draining will be carried out in a manner which minimises: (i) the risk of soil erosion or other land degradation, (ii) the loss of scenic amenity, and (iii) the destruction of significant vegetation systems and natural wildlife (including aquatic) habitats, and (b) the area to be cleared or drained does not exceed 1 hectare or does not exceed 5% of the area of environmentally sensitive land within an existing holding (whichever is less) and is not within 30 metres of a watercourse. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 29 Flood liable land 29 Flood liable land (1) A person shall not erect a building or carry out a work for any purpose on flood liable land except with the consent of the Council. (2) The Council may consent to an application for the erection of a dwelling-house on a site which includes flood liable land or land that, in the opinion of the Council, is liable to flooding, providing any floor of any building to be erected on that site in accordance with that consent will not be less than 0.6 metres above the level which, at the time of granting development consent, is the highest known flood level in relation to that site. (3) The Council may consent to an application for the erection of a building or the carrying out of a work on flood liable land or land that in the opinion of the Council is liable to flooding provided: (a) the Council is satisfied that: (i) the development would not unduly restrict the flow of floodwaters, (ii) the development would not unduly increase the level of flooding on other land in the vicinity, and (iii) the structural characteristics of any building or works the subject of the application are capable of withstanding flooding, and (b) satisfactory arrangements are made for access to the building or work during a flood. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 30 Land subject to bush fire hazards 30 Land subject to bush fire hazards The Council shall not grant consent to the subdivision of land, other than for boundary adjustments, or to the erection of a building on land that is considered to be a medium to high bush fire hazard by reason of the vegetation on the land or on any adjacent land and following an assessment of the subject lands by the Council, unless in the opinion of the Council: (a) adequate provision is made for access for fire fighting vehicles, (b) adequate safeguards are adopted in the form of dams, fire breaks, reserves and fire radiation zones, (c) adequate water supplies are available for fire fighting purposes, (d) fire protection measures can be undertaken within the boundaries of the subdivision or allotment and there will be no adverse effect on environmentally sensitive land, and (e) access tracks, dams and firebreaks are designed so as not to cause erosion or sedimentation of drainage lines or other soil. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 31 Heritage items 31 Heritage items (1) A person shall not, in respect of a building, work, relic, place or tree that is a heritage item: (a) demolish or alter the building or work, (b) damage or move the relic, (c) excavate for the purpose of exposing the relic, (d) damage or despoil the place or tree, (e) erect a building on or subdivide land on which the building, work or relic is situated or that comprises the place, or (f) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place, except with the consent of the Council. (2) The Council shall not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features and its setting. 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). TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 32 Development in the vicinity of heritage items 32 Development in the vicinity of heritage items The Council may grant consent to a development application to carry out development adjoining, or adjacent to, land on which a heritage item is situated, providing the Council has made an assessment of the effect which the carrying out of that development will have on the heritage significance of the item and its setting. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 33 Heritage conservation area 33 Heritage conservation area (1) A person shall not, in respect of a heritage conservation area: (a) demolish or alter a building or work within the area, (b) damage or move a relic within the area, (c) excavate for the purpose of exposing or removing a relic within the area, (d) damage or despoil a place within the area, or (e) erect a building on or subdivide land within the area, except with the consent of the Council. (2) The Council may grant consent to a development application required by subclause (1) providing it has made an assessment of: (a) the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area, and (b) whether a refusal to grant consent would result in there being a danger to the users or occupiers of that land or the public. (3) The Council may grant consent to an application required by subclause (1), being an application to erect a new building or to alter the exterior of an existing building, providing the Council has made an assessment of: (a) the pitch and form of the roof, (b) the style, size, proportion and position of the openings for windows and doors, (c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the heritage conservation area, and (d) any other architectural feature characteristic of other existing buildings in the heritage conservation area. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 34 Heritage advertisements 34 Heritage advertisements (1) Except as provided by subclause (2): (a) the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act apply to and in respect of: (i) the demolition of a building or work that is a heritage item, (ii) the demolition of a building or work within a heritage conservation area, and (iii) the use of a building or land referred to in clause 35 for a purpose which, but for that clause, would be prohibited under this plan, in the same way as those provisions apply to and in respect of designated development, and (2) Subclause (1) does not apply to the partial demolition of a heritage item or a building or work within a heritage conservation area if, in the opinion of the Council, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 35 Conservation incentives 35 Conservation incentives (1) Nothing in this plan prevents the Council from granting consent to an application in relation 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 area, and (d) the conservation of the building depends on the Council granting consent in accordance with this clause. (2) When considering an application to erect an additional building on land on which there is situated a building which is a heritage item, the Council may: (a) for the purpose of determining the floor space ratio, and (b) for the purpose of determining 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 upon the Council’s making that exclusion. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 36 Provisions relating to heritage items covered by a conservation instrument 36 Provisions relating to heritage items covered by a conservation instrument Clauses 31, 32 and 33 shall not apply where the building, work, relic or place that is a heritage item or is within a heritage conservation area is the subject of a conservation instrument within the meaning of the Heritage Act 1977. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 37 Access 37 Access A road or other means of access to an existing public road shall not be constructed without the consent of the Council. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 38 Development near zone boundaries 38 Development near zone boundaries Where it is intended to carry out development on a site that is divided by a zone boundary and the proposed development is prohibited within one of the zones but permitted in the other, the Council may grant consent to the development providing that the development extends no more than 20 metres into the adjoining zone within which it would otherwise be prohibited. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 39 Advertising structures 39 Advertising structures (1) The Council may consent to the use of an advertising structure for the purpose of displaying an advertisement on land within the village zone, providing the advertisement: (a) relates to that land, or to premises situated on that land or adjacent land, and (b) specifies one or more of the following particulars: (i) the purpose for which the land or premises is or are used, (ii) the identification of a person residing or carrying on an occupation or business on the land or premises, (iii) a description of an occupation or business referred to in subparagraph (ii), or (iv) particulars of the goods or services dealt with or provided on the land or premises. (2) The Council may consent to the erection, on land within the village zone, of a directional sign for the purpose of directing the travelling public to tourist facilities or to places of historical interest. (3) A person shall not use an advertising structure on land within a rural zone for the purpose of displaying any advertisement, other than: (a) an advertisement of the kind permitted by subclause (1), (b) a notice directing the travelling public to tourist facilities or activities or to places of scientific, historical or scenic interest, or (c) a notice directing interested persons to a rural stud or the like. (4) Notwithstanding subclause (3), the Council may consent to the erection of an advertising structure within a rural zone for the purpose of displaying an advertisement advertising the services of local business facilities available to the travelling public, providing: (a) the advertising structures are located within three kilometres of the Braidwood village zone boundary on MR 51 to the east of Braidwood, within three kilometres of the intersection of Deloraine Lane and MR 51 to the west of Braidwood and within one kilometre of the Araluen, Majors Creek, Mongarlowe and Nerriga village zone boundary, and (b) the area of the advertising sign is less than two square metres. (5) The Council: (a) must not consent to the erection of advertising structures within the boundaries of classified roads outside the village zone, and (b) must not consent to the erection of advertising structures adjoining a classified road without having regard to the State Roads Act 1986, the Traffic Safety (Lights and Hoardings) Act 1951, and current guidelines of the Roads and Traffic Authority. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 40 Community use of school facilities and sites 40 Community use of school facilities and sites Where land to which this plan applies is used for the purpose of an educational establishment, the site and facilities of the establishment may, with the consent of the Council, be used for the purposes of meeting rooms, public halls, public libraries, entertainment, sport or recreation or for any other community purpose, whether or not any such use is a commercial use of the land. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 41 Dual occupancy 41 Dual occupancy (1) A person may, with the consent of the Council, construct, alter or add to a dwelling-house in Zone Nos 1 (a), 1 (c) or 2 (v) so as to create 2 dwellings if: (a) the area of the allotment on which the dwelling-house is erected is not less than 550 square metres in the sewered area of the Braidwood village zone and 2,000 square metres in all other village zone areas, and (b) arrangements have been made for the provision of a water supply to each dwelling and for the disposal of sewage and stormwater from each dwelling. (2) The provisions of this plan relating to residential flat buildings do not apply to a building altered or added to or proposed to be altered or added to pursuant to this clause. (3) For the purpose of enabling development to be carried out in accordance with this clause or in accordance with a consent granted under the Act in relation to development carried out in accordance with this clause, any agreement, covenant or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to the development. (4) Pursuant to section 28 of the Act, before the making of this plan, the Governor approved of subclause (3). (5) If 2 dwellings are erected or created on an allotment of land in accordance with this clause, being an allotment other than an allotment zoned to allow residential flat buildings, the separate occupation of the proposed lots illustrated by a strata plan relating to those dwellings is prohibited. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 42 Development for certain additional purposes 42 Development for certain additional purposes (1) Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 6, for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are indicated. (2) Subclause (1) does not affect the application, to or in respect of development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of the development. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 43 Development within the Welcome Reef Dam inundation area and buffer zone 43 Development within the Welcome Reef Dam inundation area and buffer zone The Council must not consent to the carrying out of any development listed in Schedule 7 on land within the Welcome Reef Dam inundation area and buffer zone (Stage 2) unless the Council has taken into consideration whether the development, if carried out, will or is likely to result in the degradation of that land. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 43A Development within the Sydney drinking water catchment comprising intensive plant growing 43A Development within the Sydney drinking water catchment comprising intensive plant growing (1) This clause applies to the Sydney drinking water catchment within the meaning of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011. (2) The objective of this clause is to ensure that development with the potential to adversely impact on water quality in the Sydney drinking water catchment requires development consent. (3) For the purposes of this clause, "intensive plant growing" on land means market gardening, fungi growing, fruit growing, flower growing, viticulture or the like for commercial purposes, but does not include growing field crops (such as wheat, oats, oilseed or legumes) or any species of plant for pastures. (4) Despite clause 9 or any other provision of this plan, the consent of the Council is required for development that comprises intensive plant growing. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 44 Development of certain land—near Gillamatong Creek, Braidwood 44 Development of certain land—near Gillamatong Creek, Braidwood (1) This clause applies to land within Zone No 2 (v) near Gillamatong Creek, Braidwood, being Lot 2, DP 519150 and part of Portion 20, Parish of Percy, as shown edged heavy black lettered “V” on the map marked “ Tallaganda Local Environmental Plan 1991 (Amendment No 1) ”. (2) The Council must not consent to the carrying out of development on the land to which this clause applies until it is satisfied that: (a) a hydrological assessment of the land has been carried out and a soil and water management plan for the area has been prepared and can be implemented in accordance with guidelines of the Department of Land and Water Conservation, and (b) a traffic impact statement has been completed for the intersection of MR51 and Glenmore Road, and (c) effective environmental control measures have been identified which will protect the water quality of, and the vegetation within 20 metres of, Gillamatong Creek, and (d) the visual design features of the proposed development will be compatible with the environmental and heritage values of the surrounding locality. (3) The Council must not grant its consent to the carrying out of residential development on the land to which this clause applies after the expiration of 5 years from the date Tallaganda Local Environmental Plan 1991 (Amendment No 1) takes effect. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 45 Development of certain land—Lot 15, DP 882788 at Bombay 45 Development of certain land—Lot 15, DP 882788 at Bombay (1) This clause applies to Lot 15, DP 882788, Parish of Jinglemoney, Bombay, as shown edged heavy black, lettered “1 (a)” and diagonally hatched with black lines on Sheet 4 of the map marked “ Tallaganda Local Environmental Plan 1991 (Amendment No 3) ”. (2) Despite any other provision of this plan: (a) consent may not be granted to the subdivision of the land to which this clause applies, and (b) consent may not be granted to the erection of more than one dwelling-house on the land to which this clause applies, and (c) grazing of domestic stock is not permissible on the land to which this clause applies, and (d) consent may not be granted to the erection of a dwelling-house unless the consent authority is satisfied that: (i) the dwelling-house is erected on land that has previously been disturbed, and (ii) the dwelling-house will not require the construction of additional vehicle tracks, and (iii) infrastructure connections to the proposed dwelling- house will follow existing vehicle tracks. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 1 SCHEDULE 1 – Heritage items (Clause 5) Town of Braidwood _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |House |17 Coghill St |Lot 91, DP 588096, |622.4 | |_____________________________________________________________________________| |House |“Yately”, |Lots 1/3, Section 32 |818 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |House & Brick |“Athol”, Cowper |Lots 1, 7/8 Sec 17 & |671.1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cottage |50 Duncan St |Cnr Lot 2, DP 529841,|881 | |_____________________________________________________________________________| |_____________________________________________________________________________| |House |“The Villa”, |Lot 3, DP 596527, |697/2 | |_____________________________________________________________________________| |Semi-detached |87 Duncan St |Part Lot 8, Section 9|710 | |_____________________________________________________________________________| | |89 Duncan St |Lot 1, DP 579802, |711 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Uniting Church |109 Duncan St |Cnr Lot 8, (Section |844 | |_____________________________________________________________________________| |House |116 Duncan St |Lot D (Pt Lot 1), Sec|687 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |House |“The Patch” |Lot 3, Section 9 |748 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |House |33 Elrington St |Pt Lot 12/13 (A), Sec|726 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cottage |63 Elrington St |Lot 1, DP 568393, Sec|735.02 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cottage |112 Lascelles St |Lot 12, DP 576767, |775/001 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | | |Lot 3, DP 630521, | | |Cottage |18 Mackellar St |Lot 3, DP 712208, |790 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |House |76 Monkittee St |Lot 1, DP 719449, |842 | |_____________________________________________________________________________| |Semi-detached |Monkittee St |Lots 7/8, Section 32 |816 | |_____________________________________________________________________________| |Cottage |90 Monkittee St |Lot 2, DP 563161, Sec|840 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cottage |3 Park Lane |Lot 4, DP 255840, Sec|866.04 | |_____________________________________________________________________________| |Cottage |5 Park Lane |Lot 3, DP 255840, |866.03 | |_____________________________________________________________________________| |Cottage |7 Park Lane |Lots 1/2, DP 255840, |866.01 | |_____________________________________________________________________________| |Semi-detached |18 Park Lane |Pt Lot 23, Section 5 |865 | |_____________________________________________________________________________| |_____________________________________________________________________________| |House |“Tidmarsh” |Lot 1, DP 209874 |910 | |_____________________________________________________________________________| |House |“Arcona” |Pt Lots 2/3, Sec 23 |905.1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |House & Two |3 Solus St |Lot 9, Section 7 |924 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Former Hotel |30 Wallace St |Lot 3, DP 635437, |628 | |_____________________________________________________________________________| |House |“Chez Nous” |Lots 11/12, Sec 34 |942 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Premises & Residence|Wallace St |Lot 7, Section 11 |1010 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Group of Shops & |72–74 Wallace St |Pt Lot 2, Section 8 |1006 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Shop |84 Wallace St |Lots 1 & 2, SP |1002 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Shops |99–101 Wallace St |Lots 1 & 2, DP |948.1 & 950 | |_____________________________________________________________________________| |Former Bank |104 Wallace St |Pt Lots 7/8, Section |998 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Dzamics Bldg |112–114 Wallace St|Pt Lot 8 (B), Section|996 | |_____________________________________________________________________________| |Albion Bldg & |113–117 Wallace St|Lot 1, DP 598830, |952 | |_____________________________________________________________________________| |Shop, Residences & | |Lots 7/8, DP 526323 |994 | |Stables |116 Wallace St |Lots 415, RP 1769 Sec|993.2 | |_____________________________________________________________________________| |Farmers & Graziers |121 Wallace St |Pt Lot 15, Section 4 |953 | |_____________________________________________________________________________| |_____________________________________________________________________________| | | |Lot 1, DP 713618 |954.1 | |Commercial Premises |125 Wallace St |Lot 2, DP 713618 Sec |955 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Former Hotel |131–133 Wallace St|Lot 6, DP 519457, Sec|956 | |_____________________________________________________________________________| |Shops (3), Passage &|139–143 Wallace St|Lots 11/12, Section 4|958–960 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Post Office & |Wallace St |Lots 33, 36, Sec 5 | | |_____________________________________________________________________________| |_____________________________________________________________________________| |Police Residence & |Wallace St |Reserve 34510, Sec 5 | | |_____________________________________________________________________________| |Commercial Hotel & |180 Wallace St |Lot 1, DP 711400, Sec|978 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Museum |186 Wallace St |Lot 1, DP 86338, (Lot|977 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Mill Centre (Central|Wallace St |Cnr Pt Lots 9/10, Sec|975 | |_____________________________________________________________________________| |Cottage |202 Wallace St |Lot 3, DP 630521, |790 | |_____________________________________________________________________________| |St Bedes Catholic |Wallace St |Lots 16/19, Sec 9 |946 | |_____________________________________________________________________________| | |Wallace St Lot 1 & | | | |Rock Outcrops |Pt 2, Sec 12, & Lots| | | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cottage |32 Wilson St |School Ground Section| | |_____________________________________________________________________________| |House & Stables |47 Wilson St |Pt Lots 4/5 (A), Sec |1028 | |_____________________________________________________________________________| |Former Convent & |Wilson St |Lots 1/2, DP 219650, |1030.1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |The Rectory |62 Wilson St |Lot 2, DP 706093, |1042.1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |House |75 Wilson St |Lot 1, DP 633530, |1034 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| Remainder of the Shire of Tallaganda ___________________________________________________________________________ |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |“Manar” |Homestead and Outhouses Part Portion| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| |St Stephen’s Anglican Church |Lot 7, Section 15, Village of Majors| |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 2 SCHEDULE 2 – Cluster housing development (Clause 17) 1 Lot 2, DP594188, Parish of Jinglemoney—maximum of 40 allotments. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 3 SCHEDULE 3 – Roads (Clause 23) Main Roads 51, 79, 92, 270, 271 Bombay Road (SR 21) to the Shoalhaven River Krawarree Road (SR 16) Majors Creek Road (SR 11) Reidsdale Road (SR 9) to Monga Lane Mongarlowe Road (SR 5) Charleys Forest Road (SR 6) TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 4 SCHEDULE 4 – Development which must be advertised (Clause 26) 1 The demolition of a building or work that is an item of the environmental heritage, or is within a conservation area, not being a partial demolition, which in the opinion of the Council, is of a minor nature and does not adversely affect the significance of the building or work as part of the environmental heritage of the Shire of Tallaganda. 2 Boarding-houses; hotels/motels; residential flat buildings. 3 Industries, other than rural industries, in Zone No 1 (a), 1 (c) or 2 (v). 4 Commercial stockholding yards; intensive livestock keeping; junk yards; liquid fuel depots; sawmills. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 5 SCHEDULE 5 – Development requiring special provisions in relation to arterial roads (Clause 27 (2)) Bulk Stores Caravan parks Car repair stations Clubs Commercial premises Educational establishments Hospitals Hotels Industries (other than home or rural industries) Institutions Junk yards Liquid fuel depots Mines Motels Place of public assembly Place of public worship Recreation facilities Recreational establishments Refreshment rooms Retail plant nurseries Roadside stalls Sawmills Service stations Stock and sale yards Transport terminals Warehouses TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 6 SCHEDULE 6 – Development for certain additional purposes (Clause 42) 1 Land known as Lots 1 to 30 in Deposited Plan 250880, Parish of Merigan, County of Murray, within Zone No 1 (a)—dwelling-houses. 2 Land known as Portions 9 and 11, Parish of Warri, and Lot 2 in Deposited Plan 594188, Parish of Jinglemoney, County of Murray, within Zone No 1 (a)—forestry (but not including any dwelling- house). 3 Land known as Lot 3, DP 847375 and Lot 519, DP 755901, Parish of Araluen and Lot 13, DP 755957 and Lot 1, DP 125782, Parish of Seymour, Reidsdale, within Zone No 1 (a), as shown edged heavy black on Sheet 1 of the map marked “ Tallaganda Local Environmental Plan 1991 (Amendment No 3) ”—subdivision to create 2 lots of approximately 57.41 hectares and 17.9 hectares, respectively, where: (a) 2 of the 3 existing dwelling-houses will be situated within the larger lot, and (b) the remaining existing dwelling-house will be situated within the smaller lot. 4 Land known as Lot 3, DP 1003163 and Lot 12, DP 1087058, Parish of Jinero, Harolds Cross, within Zone No 1 (a), as shown edged heavy black on Sheet 2 of the map marked “ Tallaganda Local Environmental Plan 1991 (Amendment No 3) ”—subdivision to create 2 lots of approximately 25 hectares and 119.46 hectares, respectively, where the existing dwelling-house will be situated within the smaller lot. TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - SCHEDULE 7 SCHEDULE 7 – Development to be referred to the Sydney Catchment Authority for concurrence (Clause 43) Commercial stockholding yards Designated development Hazardous or offensive industries Junk yards Storage of hazardous materials Tourist facilities TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsTallaganda Local Environmental Plan 1991 published in Gazette No 163 of 22.11.1991, p 9822 and amended in Gazette No 15 of 7.2.1997, p 507 and as follows: Tallaganda Local Environmental Plan 1991 (Amendment No 2)—Exempt and Complying Development (GG No 32 of 3.3.2000, p 1688) State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2004 (GG No 201 of 17.12.2004, p 9590) __________________________________________________________________________ | | |Drinking Water Catchments Regional | |2006|(289)|Environmental Plan No 1. GG No 75 of 9.6.2006, p 4016. | | | | | |__________________________________________________________________________| | | |Tallaganda Local Environmental Plan 1991 (Amendment No | |2007|(334)|3). GG No 90 of 13.7.2007, p 4522. | | | | | |__________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | |No 82|Act (No 2) 2007. Assented to 7.12.2007. | | | | | |__________________________________________________________________________| | | |State Environmental Planning Policy | |2008|(128)|(Rural Lands) 2008. GG No 50 of 9.5.2008, p 3734. | | | | | |__________________________________________________________________________| | | |State Environmental Planning Policy (Repeal of Concurrence and | | |(571)|Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. | | | | | |__________________________________________________________________________| | | |State Environmental Planning Policy | |2011|(28) |(Sydney Drinking Water Catchment) 2011. LW 21.1.2011. | | | | | |__________________________________________________________________________| Table of amendments ____________________________________________________________________________ |Cl 5 |Am 7.2.1997; 2006 (289), Sch 1.14 [1]; 2007 (334), Sch 1 [1] | |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |Cl 13 |Am 2006 (289), Sch 1.14 [2]; 2008 (128), Sch 1.59 [2]; 2008 | |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________| |____________________________________________________________________________|