New South Wales Consolidated Regulations

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LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - 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.

Advertisements--signs on field perimeter fencing and amenity facilities at sports fields in Zone RE1

(1) Must have the consent, in writing, of the owner of the property on which the sign is located.
(2) Must only provide information about sponsors of teams or organisations using the sporting facility.
(3) Must not contain direct product advertising for alcohol, tobacco products, gambling or any form of adult entertainment (being entertainment involving nudity, indecent acts or sexual activity).
(4) Must not obstruct any gates, access points or openings.
(5) Must face the playing area and must not be visible from outside of the site on which it is displayed.
(6) If affixed to perimeter fencing of the playing area--
(a) must not extend above the top or below the bottom of the fencing, and
(b) have a maximum length of 6m, and
(c) have a maximum height of 1m.
(7) Must be removable signs or fixings, and must not be painted directly onto the perimeter fencing or any amenity facilities.
(8) Must not cover more than 20% of the field facing surface area of any amenity facilities.
(9) Must not be illuminated.
(10) Must be installed in accordance with the following--
(a) AS/NZS 1170.0--2002, Structural design actions, Part 0: General principles ,
(b) AS/NZS 1170.2--2011, Structural design actions, Part 2: Wind actions .

Amusement devices in Zones B1, B2, B3, B4 and RE2

(1) Must be located wholly within the premises.
(2) Maximum 5 devices per premises.

Awnings over trade waste disposal points in Zones IN1, IN2 and SP1

(1) Maximum area--30m 2.
(2) Maximum height--2.7m.
(3) Must facilitate maintenance of the trade waste device and enable all weather use.
(4) Must be constructed of materials that match or complement the design and appearance of existing buildings.
(5) Must be located behind the front building line.

Directional real estate signs on certain land

(1) Must be on land in a residential, business or industrial zone or on land in Zone RU2, Zone RU4, Zone RE2, Zone SP2 or Zone SP3 that is not part of an approved subdivision that is being advertised for sale.
(2) Must comply with the general requirements for signage and advertising specified in clause 2.83 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .
(3) Maximum area--
(a) in a rural or residential zone--4.5m 2, or
(b) in any other zone--6m 2.
(4) Must be located within a 3km radius of the subdivision.
(5) Maximum--4 signs.
(6) If the nearest major arterial road or freeway is located outside the 3km radius, 3 additional signs may be located outside the 3 km radius.
(7) Must relate to the subdivision as a whole and not to individual lots.
(8) Must be removed as soon as practicable after all the land in the subdivision has been sold.

Fuel tanks for home businesses in Zones RU2, RU4, E2, E3 and E4

(1) If constructed or installed on land in a rural zone for an agricultural activity--must be on a lot that is 2ha or less.
(2) Maximum capacity--5,000L.
(3) Must be located wholly within the property.
(4) Must be bunded with capacity to contain at least 125% of the capacity of the tank.
(5) Must be freestanding and constructed of prefabricated metal.
(6) Must be installed in accordance with Australian Standard AS 1940--2004, The storage and handling of flammable and combustible liquids .
(7) Must not be located within 30m of a creek or street, or within 5m of a side or rear lot boundary.
(8) Minimum setback--20m from adjoining dwellings.

Hail protection structure in Zones RU2 and RU4

Must be ancillary to agricultural use and consist of light construction (For example, poles, wire and mesh).

Navigation and emergency response facilities

Must be a navigation and emergency response facility within the meaning of clause 67 of the State Environmental Planning Policy (Infrastructure) 2007 .



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