New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 16CA

16CA Local rural industries-restrictions on development

(1) This clause applies to land within Zone No 1 (a), 1 (b), 7 (a) or 7 (b).

(2) The following requirements apply to development for the purpose of a local rural industry on land to which this clause applies:

(a) buildings used for the purpose of the local rural industry are not to exceed a height of 6 metres above ground level measured to the underside of the eaves, and 8.5 metres when measured to the ridgeline of the roof; and other structures used for the purpose of the local rural industry are not to exceed an overall height of 8.5 metres above ground level, and

(b) no single building or structure used for the purpose of the local rural industry is to occupy a ground level building footprint of more than 600 square metres. The building footprint excludes any area on which works or structures are carried out or constructed beneath the natural ground level, provided disturbance of the natural ground surface is kept to a minimum and there is no adverse visual or environmental impact,

(c) the total area of all land occupied by the ground level building footprint of all buildings and other structures used for the purpose of the local rural industry, is not to exceed a total ground level footprint of 1000 square metres, excluding any area on which works or structures are carried out or constructed beneath the natural ground level,

(d) all buildings used for the purpose of local rural industries are to be within building envelopes that are separated from each other by a distance of not more than 30 metres and not less than 5 metres,

(e) no building or structure used for the purposes of the local rural industry is to be located closer than 50 metres from any public road,

(f) noise arising from the operation of the local rural industry is not to exceed 5dB(A) above background noise levels at any time when measured at the boundary with any adjoining property or public road, and

(g) access to the classified road network is to be constructed in accordance with the Roads and Traffic Authority’s requirements as detailed in the Guide to Traffic Generating Developments , Issue 2.1, dated July 1995.

(3) The Council must not grant consent for the carrying out of development for the purpose of a local rural industry unless it is satisfied that:

(a) no building or structure used for the purpose of the local rural industry will be constructed of highly reflective materials,

(b) adequate provision has been made for the disposal of all effluent water and stormwater runoff arising from the local rural industry without any risk of contamination to any watercourse or groundwater supply and in such a way as to ensure that there is no overall adverse impact on water or groundwater quality, and

(c) adequate provision has been made for the local rural industry to be carried out in accordance with a water cycle management plan incorporating provisions for the control of soil erosion, and

(d) adequate provision has been made for the local rural industry to be separated from any watercourses or waterbodies located on the land or any adjoining land by the establishment of a vegetated riparian protection zone along the foreshores of such watercourses or waterbodies or on the land, in such a way as to assist in preventing water quality degradation and the protection of fish habitats (as set out in the Hawkesbury-Nepean River System Habitat Protection Plan No 3 ), and

(e) vehicular access to the local rural industry will be provided onto the classified road network via a local road where available, and

(f) all car parking and vehicular manoeuvring areas associated with the local rural industry will be located wholly upon the land and are constructed of materials that ensure all weather access can be made available at all times, and

(g) the proposal will not significantly impact, compromise or degrade the ecological, Aboriginal heritage, wetland, conservation, landscape, cultural or catchment values of the locality.