New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 18)
Note: 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: 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.
Note: The cutting down, topping, lopping, removal or destruction of trees to enable the carrying out of any of the development listed in this Schedule may require a permit or a development consent under clause 45 (Preservation of trees or vegetation) or clause 46 (Heritage conservation) of this Plan. See also entry for trees in this Schedule and in Schedule 3 (Complying development).
(2) May only be carried out on land:(a) on which there is a heritage item, or(b) within a heritage conservation area, or(c) identified in clause 3.3 as an environmentally sensitive area for exempt development,if the filming does not involve or result in any of the following:(d) any changes or additions that are not merely superficial and temporary to any part of a heritage item, a heritage conservation area or an environmentally sensitive area,(e) the mounting or fixing of any object or article on any part of such an item or area (including any building or structure),(f) the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,(g) any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area.
(3) Must not create significant interference with the neighbourhood.
(4) The person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000.
(5) If the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location.
(6) A filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted):(a) the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,(b) a brief description of the filming to be carried out (for example, a television commercial, a television series, a feature film or a documentary),(c) the proposed location of the filming,(d) the proposed commencement and completion dates for the filming at the location,(e) the proposed daily length of filming at the location,(f) the number of persons to be involved in the filming,(g) details of any temporary structures (for example, tents or marquees) to be erected or used at the location for the purposes of the filming,(h) the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),(i) proposed arrangements for parking vehicles associated with the filming during the filming,(j) whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),(k) whether the filming will involve the use of outdoor lighting or any other special effects equipment,(l) a copy of the public liability insurance policy that covers the filming at the location,(m) a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming at the location, such as the following:(i) an approval by the Roads and Traffic Authority for the closure of a road,(ii) an approval by the Council for the erection or use of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access,(iii) an approval by the Environment Protection Authority for an open fire,(iv) an approval by the NSW Police Force for the discharge of firearms,(v) an approval by the Land and Property Management Authority for the use of Crown land,(n) details of any temporary alteration or addition to any building or work at the location for the purposes of the filming.
(7) The person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information:(a) the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,(b) a brief description of the filming to be carried out at the location, and any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood,(c) the proposed commencement and completion dates for the filming at the location,(d) the proposed daily length of filming at the location.
Note: See definition of "maintenance" in Dictionary.
(1) General The consent authority must have advised, in writing, that it is satisfied of the matters referred to in clause 46 (3) (a) of this Plan.
(2) Flood prone land May be carried out on flood prone land if relevant provisions of Newcastle Development Control Plan 2005 are complied with.
(3)
(1) Number Maximum of one business identification sign per premises.
(2) Siting No freestanding signs on a public road (including the footway of a public road).
(3) Signs may be suspended from a building over the footway of a public road and, in that case, must be located no closer than 3.6 metres from the edge of the kerb and at least 2.6 metres above ground level (existing).
(4) Dimensions Maximum area--1 square metre.
(5) Heritage Must not be located on land that comprises or on which there is a heritage item.
(1) May only be used in connection with filming that is exempt development.
(2) Total floor area of all tents or marquees on location at the same time must not exceed 200m 2.
(3) Must be located within at least 3m from any boundary adjoining a public road and at least 1m from any other boundary.
(4) Must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:(a) 1 exit if the floor area of the tent or marquee does not exceed 25m 2,(b) 2 exits in any other case.
(5) Width of each exit must be at least:(a) 800mm if the floor area of the tent or marquee is less than 150m 2, or(b) 1m in any other case.
(6) Height of the walls must not exceed:(a) 4m if erected on private land, or(b) 5m in any other case.
(7) Height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee must not exceed 6m.
(8) Must resist loads determined in accordance with the following Australian and New Zealand Standards entitled:(a) AS/NZS 1170.0:2002, Structural design actions--General principles ,(b) AS/NZS 1170.1:2002, Structural design actions--Permanent, imposed and other actions ,(c) AS/NZS 1170.2:2002, Structural design actions--Wind actions .
(9) Must not remain at the location more than 2 days after the completion of the filming at the location.
(1) May only be erected, used, altered or added to in connection with filming that is exempt development.
(2) Temporary structure must not be at the location for more than 30 days within a 12-month period.
(3) Alteration or addition to the building or work must not remain in place for more than 30 days within a 12-month period.
(4) Temporary structure, or building or work in its altered or added to form, must not be accessible to the public.
(1) Must comply with the requirements set out in Schedule 1 to Newcastle Local Environmental Plan 2003 that apply to the removal or pruning of trees.
(2) The tree must not be a heritage item.