New South Wales Consolidated Regulations

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BELLINGEN LOCAL ENVIRONMENTAL PLAN 2010 - SCHEDULE 2

SCHEDULE 2 – Exempt development

(Clause 3.1)

Note 1--: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2--: Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners' property rights and the common law still apply.

Access tracks and creek crossings

(1) Must not be the principal driveway to a domestic garage or carport.
(2) Must not be in Zone C1, C2, C3, W1 or W2.
(3) Must only be for stock, pedestrian or vehicle movements within land held in the one ownership and for the purposes of normal property management and operation.
(4) Must not require cut or fill more than 600mm below or above ground level (existing).
(5) Must not involve the construction of a bridge or causeway or obstruct the flow of water.

Dams (on Zones RU1, RU2, RU4 and E4)

Must be authorised under the Water Management Act 2000 .

Display and advertising of goods and services on footpaths

(1) This clause applies to the use of tables and other structures or items on a footpath adjoining a road in respect of which the Council is the roads authority under the Roads Act 1993 for the purpose of displaying or advertising any goods or services for sale.
(2) The following applies to the use to which this clause applies--
(a) must relate to a lawful use of the land on which the goods or services are offered or advertised for sale,
(b) the table or other structure or item in use must be erected and located in accordance with the Footpath Activities Policy adopted by the Council on 27 September 2017,
(c) the goods or services must be displayed or advertised in accordance with the Footpath Activities Policy adopted by the Council on 27 September 2017.

Farm buildings--other than stock holding yards, grain silos and grain bunkers

Development that is exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , Part 2, Division 1, Subdivision 16, if constructed or installed on land in Zone C4.

Fuel tanks (on Zones RU1 or RU2)

(1) Must not be on land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event.
(2) Must not be on land identified on the Natural Resources Sensitivity--Water Map or the Natural Resources Sensitivity--Biodiversity Map .
(3) Maximum size 1,500L.
(4) Must be above ground.
(5) Must be located at least 50m from any property boundary.
(6) Maximum height--3m.
(7) Must be constructed of prefabricated metal, free-standing and erected in accordance with manufacturer's specifications.
(8) Must be kept in accordance with AS 1940-1993The storage and handling of flammable and combustible liquids .
(9) Must be clear from power lines in accordance with relevant electricity authority requirements.
(10) Only 1 per dwelling.

Signage--general requirements

(1) Must not be on land subject to the discharge of a 1:100 ARI (average recurrent interval) flood event unless the sign is a temporary sign, a real estate sign or fixed to a building.
(2) Must advertise only businesses or events that are operating legally.
(3) Must be located on the land or premises to which the sign relates, unless it is a temporary sign and the consent of the owner of the property is obtained.
Note--: Sign erected on or over a public road requires consent under the Roads Act 1993 .
(4) Must not cover mechanical ventilation inlets or outlets.
(5) Must be of a professional standard and finish.
(6) Must not result in the total area of signage on a premises exceeding 5m 2.
(7) All signs painted on windows must not be opaque and must not cover more than 3m 2 per premises.
(8) Must not be located on any roof or above the line of any guttering, verandah or awning.
Note--: Signs on the fascia of the verandah or awning are included.
(9) Must not be attached to a tree.
(10) Must not cover more than 25% of any exterior wall.
(11) Must not be illuminated.
(12) Must not be suspended under an awning sign (unless in an employment zone) or a vertical or horizontal projecting wall sign.
(13) If a free standing structure, must not be higher than 1.8m.

Signage--"A" frame signs on footpaths

(1) This clause applies to "A" frame signage that is located on a footpath adjoining a road in respect of which the Council is the roads authority under the Roads Act 1993 .
(2) The following applies to signage to which this clause applies--
(a) must relate to a lawful use of the land on which the sign is located,
(b) must be erected and located in accordance with the Footpath Activities Policy adopted by the Council on 27 September 2017,
(c) maximum of 1 per commercial premises,
(d) must be located on a section of the footpath adjoining the building to which the sign relates.

Signage--business identification signs

(1) Must meet the general requirements for signage.
(2) Must only contain the name and occupation of the resident.
(3) Maximum of 1 per premises.
(4) Must be located on the premises to which the sign relates.
(5) Maximum area--0.75m 2.
(6) Must not be on a heritage item or within a heritage conservation area.

Signage--real estate signs

(1) Must meet the general requirements for signage.
(2) May involve a heritage item or be located within a conservation area.
(3) Must be located on the premises to which the sign relates.
(4) Maximum of 1 sign per agent, with a maximum of 4 signs per premises.
(5) Maximum area--
(a) in residential and rural zones--1.2m × 0.6m for a standard sign and 1.2m × 0.9m for an auction sign, or
(b) in Zone E4--2.5m 2.
(6) Must not be attached to a tree.
(7) Must only be erected during the period for which the property is for sale or lease, except in the case of an auction sign, where the sign may be erected no more than four weeks before the auction date.
(8) Must not be displayed more than 7 days after contracts are exchanged for the sale of the premises or the premises are leased.

Signage--suspended under awning signs in Zone E1

(1) Must meet the general requirements for signage.
(2) If over a public road, must be at least 600mm from kerb edge.
(3) If located within Zone E1 in Urunga, may be illuminated, but must not include flashing lights.
(4) Maximum of 1 per premises.
(5) Must not be closer than 3m to another under awning sign, whether on the same property or not.
(6) Maximum area--1.5m 2.
(7) If it extends over a public road, must be suspended at a height not less than 2.6m above ground level.
(8) Any opening created must be weatherproofed.
(9) Must not be located on a street frontage elevation of the building.
(10) Must not be on a heritage item or within a heritage conservation area.

Signage--temporary signs for social, cultural, political or recreational events (other than erected by the Council)

(1) Must meet the general requirements for signage.
(2) Must not be commercial advertising, but may name the event sponsor.
(3) Must not be displayed earlier than 28 days before the event or later than 7 days after the event.
(4) Must be safely constructed and securely fixed to prevent a nuisance or hazard.
(5) Must not be of a design (eg lettering size, style, number of words) or in a location that is a hazard to traffic.

Subdivision of council public roads

Must relate to land comprising a council public road proposed for closure under the Roads Act 1993 , Part 4, Division 3.



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