New South Wales Consolidated Regulations

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MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 - 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.

Advertising structures

(1) Must not cover mechanical ventilation inlet or outlet vents.
(2) Advertising panels (business identification signs or building identification signs) must comply with the following--
(a) Maximum area--1m 2.
(b) Only 1 per property.
(c) Must be secure and stable.
(3) An A-frame sign on private land used in conjunction with an existing premises for which consent has been granted on land that is in Zone B2 Local Centre, must comply with the following--
(a) Only 1 per property.
(b) Must not involve any live or recorded entertainment including music, broadcast programs, flashing lights or the like.
(c) Area must immediately adjoin the premises and not obstruct access to the premises or to any adjacent premises.
(d) Maximum display area (on each side)--0.5m 2.
(e) Must be secure and stable.
(f) Must not involve construction work.
(g) Must be temporary and must be removed at the close of business.
(4) Change of message on existing sign must comply with the following--
(a) Sign must have been previously consented to by the consent authority or erected as exempt development.
(b) Must not change signage illumination.
(c) New message must comply with any content requirements of any existing consent.
(d) Must not change dimensions of sign.
(5) Fascia sign must comply with the following--
(a) Must be attached to an existing fascia and fixed flush with the fascia.
(b) Must not extend above or below the fascia or return end of the awning.
(c) Must not be illuminated.
(d) Only 1 per property.
(6) Flush wall sign must comply with the following--
(a) Maximum area--2.5m 2.
(b) Must be securely fixed to an existing wall.
(c) Maximum height--3.5m above ground level (existing).
(d) Must not be illuminated.
(e) Only 1 per property in Zone R1 General Residential and Zone RU5 Village.
(f) Maximum of 2 per property in all other zones.
(g) Must contain only a reference to identify the subject premises or a description of the subject premises, activities or professional affiliations of the occupation conducted in the building to which the sign is attached.
(7) Pole or pylon sign must comply with the following--
(a) Maximum height--6m.
(b) Maximum area of advertising panel (per side)--2.5m 2.
(c) Only 1 per property.
(d) May only be in industrial zones.
(e) Must be built in accordance with engineer's certification for the structure and footings.
(8) Real estate sign must comply with the following--
(a) Maximum area (per side)--
(i) single dwelling house--2.5m 2.
(ii) multi-dwelling development of less than 10 dwelling houses--5m 2.
(iii) multi-dwelling development of 10 or more dwelling houses--10m 2.
(iv) commercial building--5m 2.
(v) rural property--10m 2.
(vi) subdivision of less than 20 lots--10m 2.
(vii) subdivision of 20 lots or more--15m 2.
(b) Must not be erected until development approval for the building or subdivision has been granted.
(c) Maximum return--0.2m.
(d) Must contain only a notice that the building or site to which it is fixed is for sale or for let.
(e) Maximum of 1 sign for each property or subdivision stage.
(f) Must not be illuminated.
(g) Must be removed within 14 days of the sale of the property or in the case of subdivisions, when 90% of lots are sold, or within 5 years, whichever occurs first.
(h) Maximum height--8m.
(i) Only 1 directional sign with a maximum area of 1m 2 is allowed in Zone RU1 Primary Production to direct people to the site or for auction or inspection purposes.
(j) Must not interfere with sight distances for vehicles approaching intersections.
(9) Temporary sign (including a sign announcing an authorised local event for religious, educational, cultural, political, social or recreational purposes) must comply with the following--
(a) Maximum height--3m.
(b) Sign must not be higher than building it is mounted on.
(c) Maximum area--3m 2.
(d) Must not be illuminated.
(e) Any sponsor's names or logos must be less prominent than the message.
(f) Must not be displayed earlier than 28 days before an event.
(g) Must not be displayed later than 14 days after an event.
(10) Top hamper sign (including a sign attached to the transom of a doorway or display window of a building) must comply with the following--
(a) Must be fixed flush to the wall.
(b) Must be securely fixed.
(c) Must not extend below the head of the doorway or window to which it is attached.
(d) Must not extend more than 0.2m beyond any building alignment.
(e) Must not be illuminated.
(11) Under awning sign must comply with the following--
(a) May only be located in Zone B2 Local Centre.
(b) Must not be less than 2.6m from the ground or footpath to the underside of the sign.
(c) Maximum length--2.5m.
(d) Only 1 per property.
(e) Must be securely fixed to awning.
(f) Must not project beyond the awning.
(g) Must be erected horizontal to the ground.
(h) Must be located more than 3m from another under awning sign.
(12) Window sign (including a sign displayed on a shop window) must comply with the following--
(a) May only be located in Zone B2 Local Centre and industrial zones.
(b) Must not cover more than 75% of shop window.
(c) Must not be illuminated.
(d) Must be located on ground level facade.
(e) Only 1 per shop window.
(13) Must not be on a heritage item.

A-frame signs, display of goods and street furniture on footpath

(1) Must be associated with a lawfully established business.
(2) Must be on the part of the footpath that is adjacent to that business.
(3) Must not obstruct access to the premises, adjacent premises or pedestrians using footpath.
(4) Must be temporary and removed at the close of business each day.
(5) Must be secure and stable.
(6) Must be installed in accordance with the manufacturer's specifications and any relevant Australian Standards.
(7) Must not involve construction work.
(8) Must be authorised under Division 3 of Part 9 of the Roads Act 1993 .
(9) If street furniture is used as part of an outdoor eating area, approval must be obtained under section 125 of the Roads Act 1993 .
(10) A-frame signs Must also comply with the following--
(a) maximum 1 per premises,
(b) maximum display area--0.5m 2.

Bridge and road maintenance (RU1, E3 and W1 zones only)

(1) Must be existing bridge or road.
(2) Works must not involve altering widths or other dimensions of the existing bridge or road.

Building alterations (new external windows, glazed areas and doors)--residential premises

(1) Must comply with the following--
(a) AS 1288--2006, Glass in buildings--Selection and installation ,
(b) AS/NZS 2208--1996, Safety glazing materials in buildings .
(2) Structural support members must not be removed.
(3) Must not reduce the area provided for light and ventilation.
(4) Must not compromise swimming pool barrier.
(5) Privacy and security--if a proposed window is in a habitable room and will allow an outlook to a window of a habitable room in a neighbouring dwelling house and the distance between the two windows is less than 9m, the proposed window--
(a) must be offset from its edge to the edge of the other window by a distance of 1m, and
(b) must have a sill height of 1.5m above ground level (existing), and
(c) must have fixed obscure glazing in any part of the window below 1.5m above ground level (existing).
(6) Must not be on a heritage item.
(7) Does not include replacement of windows, glazed areas and doors.

Change the use of a building (or part of a building) from an industry to a light industry

(1) Previous use must have been a lawful use.
(2) New use must comply with any existing condition of consent.
(3) New use must be a permissible use in the zone.
(4) New use must not change approved area of premises.
(5) New use must not extend existing hours of operation.
(6) New use must not exceed 500m 2 in total floor area.
(7) Building must have rear service access or access to off-street loading facilities.
(8) The curtilage of the building must not be used for storage or display purposes.
(9) New use must be consistent with any condition of consent of the existing use relating to the following--
(a) the maintenance of landscaping,
(b) the parking of vehicles,
(c) the provision of space for the loading or unloading of goods or vehicles.
(10) New use must not result in any premises being used for potentially hazardous industry or offensive industries.

Moveable dwelling installation (including caravans)--on land other than approved sites

(1) Must not involve more than 2 caravans or campervans on any land.
(2) Must not be occupied for more than 2 days at a time and not more than 60 days in total in any 12-month period.
(3) If located on land on which a dwelling house is situated, must be occupied only by the owner of the dwelling or members of the owners household.
(4) If only located on pastoral or agricultural land, must be occupied seasonally by persons employed in pastoral or agricultural operations on the land.
(5) Occupant must have continuous access to approved toilet, laundry and shower facilities.
(6) Must not be on bush fire prone land.



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