New South Wales Consolidated Regulations

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BEGA VALLEY LOCAL ENVIRONMENTAL PLAN 2013 - 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.

Community gardens

(1) Must be located on community land categorised as a park or as general community use.
(2) Maximum area--600m 2.
Note--: Approval of the Council may be required under the Local Government Act 1993 for activities on community land.

Markets

(1) Must be located in a public car park or on community land categorised as a park or as general community use.
(2) Maximum 4 per year.
(3) Maximum 30 stalls.
(4) Must not be used for the purposes of the sale of registrable vehicles, within the meaning of the Road Transport Act 2013 .
Note--: Approval of the Council may be required under the Local Government Act 1993 .

Painted artwork on buildings

(1) Must not be on a heritage item or a draft heritage item, or in a heritage conservation area, a draft heritage conservation area or a foreshore area.
(3) If on land in a residential zone--must be less than 3m in height and 3m in diameter.
(4) Must not project above the parapet or eaves of the building.
(5) Must not contain signage.
Note--: Signage includes advertising and business identification signs.
(6) In this clause--

"draft heritage conservation area" ,
"draft heritage item" and
"foreshore area" have the same meanings as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .
Note--: Development on a public road may require approval under the Roads Act 1993 .

Signage

(1) Must not cover mechanical ventilation inlet or outlet vents.
(2) Must not include flashing or moving components.
(3) Must not be erected or displayed on or above public roads and public reserves, unless otherwise permitted in this Schedule.
(4) Under awning signs
(a) Maximum area--1.5m 2.
(b) Must be erected horizontally at least 2.6m from the ground or footpath.
(c) Must not project beyond awning.
(d) If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.
(5) Fascia signs (attached to the fascia or return of an awning)
(a) Must not project above or below the fascia or return end of awning.
(b) Must not extend more than 300mm from the fascia or return end of awning.
(c) If erected above a public road, must not extend or project beyond a point 0.6m from the vertical projection of the kerb line.
(6) Top hamper signs (attached to the transom of a doorway or display window of a building)
(a) Must not extend more than 200mm beyond any building alignment.
(b) Must not extend below head of doorway or window to which it is attached.
(7) Flush wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and not projecting more than 300mm from the wall)
(a) Must not exceed 2.5m 2 for the combined area of all flush wall signs on the premises.
(b) If projecting over a public road, must be erected horizontally at least 2.6m from the ground or footpath.
(8) Window signs (attached to, or displayed on, a shop window)
(a) Maximum 1 per shopfront.
(b) Must be located on ground level.
(c) At least 50% of front window must remain uncovered.
(9) Projecting wall signs (attached to the wall of a building (other than the transom of a doorway or display window) and projecting horizontally more than 300mm) Must be erected horizontally at least 2.6m from the ground or footpath.
(10) Business identification signs
(a) If located on land in a residential or rural zone--
(i) maximum 1 sign per property, and
(ii) must be situated within the boundaries of the property, and
(iii) maximum area--2.5m 2, and
(iv) must not be illuminated.
(b) If located on land in Zone E1, E2, E3 or MU1--
(i) maximum 3 signs per premises, and
(ii) must be located at ground floor level, and
(iii) must be an under awning sign, fascia sign, top hamper sign, flush wall sign or window sign.
(c) If located on land in Zone E4--
(i) must be situated within the boundaries of the premises, and
(ii) if located on premises containing a single occupancy, must be either--
(A) a flush wall sign with an area not more than 20% of the area of the front elevation of the premises, or
(B) a projecting wall sign with a maximum area of 5m 2, and
(iii) if located on premises containing multiple occupancies, must be either a flush wall sign or projecting wall sign with a maximum area of 2.5m 2 that is attached to the relevant occupancy.
(11) Advertising signage--internal signs
(a) Must not be visible from outside the premises in which it is displayed.
(b) If located in premises on land in an employment zone, must be behind the glass line of a window.
(12) Replacement signs (change of message)
(a) Must be a lawfully erected sign.
(b) Must not increase area of sign or brightness of illumination.
(13) A-frame signs
(a) Maximum 1 per premises.
(b) Must not be located on land in a residential, rural or conservation zone unless related to--
(i) artisan food and drink industries, or
(ii) farm gate premises, or
(iii) information and education facilities, or
(iv) mobile food and drink outlets, or
(v) retail premises.
(c) Must not obstruct the movement of pedestrians.
(d) Must be removed at the close of business each day.
Note--: Approval of the Council may be required under the Local Government Act 1993 for activities on public roads.

Temporary use of land for events

(1) The land must be--
(a) public land, or
(b) in a car park owned or managed by the Council, or
(c) a showground.
(2) Must not be in a conservation zone.
(3) Must not be for a music concert or dance party, unless the event is for the purposes of community fundraising.
(4) Must not be for more than 7 consecutive days.
(5) Must not be for a particular event more than once in a calendar year.
Note--: Approval of the Council may be required under the Local Government Act 1993 .



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