New South Wales Consolidated Regulations

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UPPER HUNTER 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.

Commercial use of footpaths

(1) Must be located within a road reserve for which the Council is the roads authority under the Roads Act 1993 .
(2) Maximum area--20m 2 per use.

Dams in Zones RU1, RU4, R5 and C3

(1) Embankment fill batter grades must not be steeper than 1:2.5 (vertical: horizontal).
(2) Minimum distance from any property boundary--10m.
(3) Maximum fill embankment crest width--3m.
(4) Minimum height difference between the embankment crest level and the spillway level--1m.
(5) Maximum fill embankment height--3m (measured from ground level (existing) immediately down slope of the embankment to the top of the embankment crest level).
Note--: Farm dams must comply with the NSW Farm Dams Policy (Harvestable Right Dams Policy) , a copy of which can be obtained from the NSW Office of Water.

Restumping or repairing structure foundations of existing building that is a heritage item or in a heritage conservation area

(1) Existing floor height must not be altered unless the alterations result from floor levelling to rectify unevenness.
(2) Termite barriers must be maintained or installed in accordance with AS 3660--2000, Termite management .
(3) Must not involve alterations to existing plumbing and drainage works. Repairs to defective pipe work must be undertaken by a licensed plumber.
(4) Materials used must be the same as the existing stumps, bracing or any infill.

Signage

(1) General requirements Signage must comply with the following--
(a) must be non-moving,
(b) must relate to the lawful use of the land on which the sign is located (except for community information or directional signs),
(c) must be within the boundary of the property to which the signage relates (except for under awning signs in Zone E1 or MU1 and community information or directional signs),
(d) must not obstruct the sight line of vehicular or pedestrian traffic,
(e) must have the consent of the owner of the property on which the sign is located,
(f) must not be illuminated or flashing,
(g) must not be located on a heritage item or in a heritage conservation area unless the advertisement will replace existing signage.
(2) Business identification signs in Zone E1 or MU1 Must comply with the following--
(a) under awning signs (being a sign attached to the underside of an awning other than a fascia or return end) must comply with the following--
(i) 1 sign per ground floor premises with street frontage,
(ii) maximum length--2.5m,
(iii) maximum height--0.5m,
(iv) minimum distance from outer edge of awning--0.3m,
(v) must be at least 2.6m above any public footpath,
(b) flush wall signs (being a sign attached to the wall of a building, other than the transom of a doorway or display window, and not projecting more than 300mm) must comply with the following--
(i) maximum area--
(A) if the building elevation is 100m 2 or less--20% of the elevation, or
(B) if the building elevation is more than 100m 2 but no more than 200m 2 --20m 2, or
(C) if the building elevation is more than 200m 2 --10% of the elevation,
(ii) must not project above or beyond the parapet or eaves,
(iii) 1 sign per building elevation,
(iv) must not cover mechanical ventilation inlet or outlet vents, windows or wall openings,
(c) freestanding signs (being a moveable freestanding sign displayed at ground level) must comply with the following--
(i) maximum area--0.65m 2,
(ii) 1 sign per business.
(3) Business identification signs (excluding sex services premises) in Zone E4 Must comply with the following--
(a) pole or pylon signs must comply with the following--
(i) 1 sign per premises (including any directory board for multiple occupancies),
(ii) maximum height--3m,
(iii) must be at least 2.6m above any public footpath,
(iv) maximum surface area--
(A) if relating to a single occupancy premises--4m 2, or
(B) if relating to a multiple occupancy premises--8m 2,
(b) flush wall signs (being a sign attached to the wall of a building, other than the transom of a doorway or display window, and not projecting more than 300mm) must comply with the following--
(i) maximum area--
(A) if the building elevation is greater than 200m 2 --10% of the elevation, or
(B) if the building elevation is greater than 100m 2 but not greater than 200m 2 --20m 2, or
(C) if the building elevation is 100m 2 or less--20% of the elevation,
(ii) must not project above or beyond the parapet or eaves,
(iii) 1 sign per building elevation,
(iv) must not cover mechanical ventilation inlet or outlet vents, windows or wall openings,
(c) freestanding signs must comply with the following--
(i) maximum area--0.65m 2,
(ii) 1 sign per business,
(d) top hamper signs (being a sign attached to the transom of a doorway or window)--maximum 1 sign per building elevation.
(4) Business identification signs in rural and residential zones Must comply with the following--
(a) maximum area--
(i) if located in a rural zone--0.75m 2, or
(ii) if located in a residential zone--0.6m 2,
(b) maximum 1 sign per premises,
(c) if located in a rural zone, must not be within 250m of a classified road.
(5) Community information and directional signs Must comply with the following--
(a) must be installed by or on behalf of a public authority,
(b) must be located wholly on a footpath or, with the owner's consent, be attached to a fence.
(6) Real estate signs Must comply with the following--
(a) maximum area--
(i) if advertising land development--6m 2, or
(ii) if located in an employment zone--4.5m 2, or
(iii) if located in a rural or residential zone--2.5m 2, and
(b) must be removed within 14 days after the last lot, premises or land is sold.
(7) Temporary signs for religious, cultural, social or recreational events Must comply with the following--
(a) maximum area--1.5m 2,
(b) 1 sign per street frontage,
(c) must not include commercial advertising apart from the name of the event's sponsor,
(d) must not be displayed earlier than 28 days before, or later than 14 days after, the event,
(e) must not be used in relation to recurring events.
(8) Window signs in an employment zone (excluding sex services premises) must not occupy more than 25% of the area of the window.



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