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Dalrymple Shire Planning Scheme

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Dalrymple Shire Planning Scheme PLANNING SCHEME FOR DALRYMPLE SHIRE Adopted: 8 August, 2006 Effective: 14 August, 2006 Document Set ID: 1186148 Version: 2, Version Date: 02/10/2018 DALRYMPLE SHIRE PLANNING SCHEME This is a certified copy of the Planning Scheme for the Dalrymple Shire adopted by Council at a meeting held on 8 August, 2006. Notice of the adoption of the Planning Scheme was published in the Northern Miner on 11 August, 2006 and the Government Gazette on 11 August, 2006. JP Gott CHIEF EXECUTIVE OFFICER The Council adopted this Planning Scheme on 8 August, 2006. The Planning Scheme took effect on 14 August, 2006 DALRYMPLE SHIRE COUNCIL i Document SetPLANNING ID: 1186148 SCHEME Version: 2, Version Date: 02/10/2018 Planning Scheme for Dalrymple Shire Adoption The local government for Dalrymple Shire adopted this planning scheme on 8 August, 2006 Commencement This planning scheme took effect on 14 August, 2006 State Planning Policies The Minister has identified the State Planning Policy has not been integrated in the planning scheme. Editor’s note–In accordance with section 8(4)(a) of the Act the State Planning Policy applies to the extent of any inconsistency. DALRYMPLE SHIRE COUNCIL ii Document SetPLANNING ID: 1186148 SCHEME Version: 2, Version Date: 02/10/2018 PLANNING SCHEME CONTENTS 1. INTERPRETATION 1.1 Purpose 5 1.2 Outline of the Planning Scheme 5 1.2.1 Planning Scheme Parts 5 1.2.2 Desired Environmental Outcomes 5 1.2.3 Planning Areas 5 1.2.4 Development Assessment Tables 6 1.2.5 Codes 6 1.3 Categories of Development 6 1.4 Hierarchy of Assessment Benchmarks 7 1.5 Definitions 8 1.6 Footnotes 8 1.7 Roads, Water Courses & Rail Corridors 8 2. DESIRED ENVIRONMENTAL OUTCOMES 9 2.1 Character 9 2.2 Land Use 9 2.3 Economy 10 3. TABLES OF ASSESSMENT 11 DIVISION 1 - PLANNING AREAS 11 3.1 Rural Planning Area 13 3.2 Environs Planning Area 15 3.3 Townships Planning Area 17 3.4 Industry Planning Area 17 3.5 Community / Purposes Planning Area 19 3.6 Open Space and Recreation Planning Area 21 DIVISION 2 – ASSESSMENT BENCHMARKS 23 3.7 Planning Area Codes 23 3.7.1 Rural Planning Area Code 23 3.7.2 Environs Planning Area Code 25 3.7.3 Townships Planning Area Code 28 3.7.4 Industry Planning Area Code 30 3.7.5 Community Purposes Planning Area Code 32 3.7.6 Open Space and Recreation Planning Area Code 34 4. SHIRE WIDE CODES 36 4.1 Heritage Overlay Code 36 4.2 Natural Features & Natural Resources Overlay Code 37 4.3 Carparking & Access Code 38 4.4 Landscaping Code 41 4.5 Filling & Excavation Code 44 4.6 Reconfiguring a Lot Code 45 4.7 Aviation Facilities Code 47 5. SPECIFIC USE CODES 48 5.1 Intensive Animal Husbandry Code 48 DALRYMPLE SHIRE COUNCIL iii Document SetPLANNING ID: 1186148 SCHEME Version: 2, Version Date: 02/10/2018 5.2 Multiple Dwelling Code 49 6. PLANNING SCHEME MAPS 51 7. SCHEDULES 52 Schedule 1 – Definitions 52 1.1 Administrative Definitions 52 1.2 Use Definitions 54 Schedule 2 – Construction Standards for Infrastructure Works 63 Schedule 3 – Bushfire Risk Analysis for Dalrymple Shire 64 DALRYMPLE SHIRE COUNCIL iv Document SetPLANNING ID: 1186148 SCHEME Version: 2, Version Date: 02/10/2018 1 INTERPRETATION 1.1 PURPOSE 1.1.1 This Planning Scheme has been prepared under the provisions of Chapter 2 of the Integrated Planning Act, 1997 and applies to the Local Government area of Dalrymple Shire Council. 1.1.2 The planning scheme was amended for alignment with the Planning Act 2016 (the Act) by the Minister’s rules under section 293 of the Act on 30 April 2018. 1.1.3 The Planning Scheme is intended to: (a) Advance the purpose of the Act; (b) Regulate development including providing a basis for assessing development applications within the Dalrymple Shire. 1.1.4 The Planning Scheme has been prepared to manage development in a way that advances the purpose of the Act by: (a) Identifying assessable, accepted development and accepted development subject to requirements; and (b) Identifying the outcomes sought to be achieved in the Local Government area as the context for assessing development. Editor’s note— In accordance with section 5(2)(a) of the Planning Regulation 2017, the regulated requirements do not apply to this planning scheme. 1.2 OUTLINE OF THE PLANNING SCHEME 1.2.1 The Planning Scheme consists of the following parts: (a) Part 1 – Interpretation; (b) Part 2 – Desired Environmental Outcomes; (c) Part 3 – Planning Area, Development Assessment Tables and Planning Area Codes; (d) Part 4 – Shire Wide Codes; (e) Part 5 – Specific Use Codes; (f) Part 6 – Planning Scheme Maps; and (g) Part 7 – Schedules. 1.2.2 The Desired Environmental Outcomes (DE0’s) (a) The DEOs, for the Shire – (i) are contained in Part 2 of the Planning Scheme; (ii) describe the desired outcomes for the Shire; (iii) are to be read in conjunction with each other; and (iv) where possible, are shown on Map 1; 1.2.3 Planning Areas (a) The Dalrymple Shire is divided into six (6) Planning Areas highlighted in Table 1A. Each Planning Area is defined in terms of its context and role and the desired future character for the locality. (b) A Table of Assessment in each Planning Area identifies development that is assessable development, accepted development and accepted development subject to requirements under the Planning Scheme. These Tables also identify applicable codes to regulate assessment. DALRYMPLE SHIRE COUNCIL 5 PLANNING SCHEME Document Set ID: 1186148 Version: 2, Version Date: 02/10/2018 Table 1A – Dalrymple Planning Areas INDICATED ON PLANNING PLANNING AREA SCHEME MAPS SHOWN ON MAP RURAL Brown Maps 2-11 TOWNSHIP Orange Maps 4-11 ENVIRONS Pink Map 3 INDUSTRY Purple Maps 4 & 7 COMMUNITY PURPOSES Yellow Map 4 – 11 OPEN SPACE & RECREATION Green Maps 2, 7 & 10 1.2.4 DEVELOPMENT ASSESSMENT TABLES (a) The Development Assessment Tables contained in Part 3 of the Planning Scheme; (i) determine the level of assessment that applies to development within a Planning Area; and (ii) identifies the applicable Codes for accepted development subject to requirements and code assessable development. 1.2.5 CODES (a) The Planning Scheme contains three types of Codes: (i) Planning Area Codes that are area based codes that are relevant for assessment of all development within the Planning Areas of the Shire and contained in Part 3 of the Planning Scheme; (ii) Shire Wide Codes that apply to development in specific areas with particular attributes, such as a Heritage Area, and codes for development of a stated type such as for Reconfiguring a Lot are contained in Part 4 of the Planning Scheme and should be read in conjunction with the relevant Planning Area Code; and (iii) Specific Use Codes apply to specific development in the Shire and are contained in Part 5 of the Planning Scheme and should be read in conjunction with the relevant Planning Area and Shire Wide Codes. (b) Each code includes: (i) a purpose that describes the outcomes sought by the code; (ii) performance criteria and acceptable solutions designed to achieve the development outcomes for the Shire; and (iii) where an accepted development subject to requirements does not comply with the applicable acceptable solutions, then such development is Code Assessable and a development application is required. 1.3 Categories of Development The categories of development under the Act are: (a) accepted development Editor’s note—A development approval is not required for development that is accepted development. However, certain requirements may apply to some types of development for it to be accepted development. This is referred to as accepted development subject to requirements. Where nominated in the tables of assessment, accepted development subject to requirements must comply with the requirements identified as acceptable outcomes in the relevant parts of the applicable code(s) as identified in the relevant column. Accepted development that does not comply with one or more of the nominated acceptable outcomes in the relevant parts of the applicable code(s) becomes code assessable development, unless otherwise specified. Under section 44(6)(a) of the Act, if a categorising instrument does not apply a category of development to a particular development, the development is accepted development. Schedule 7 of the Regulation also prescribes accepted development. DALRYMPLE SHIRE COUNCIL 6 PLANNING SCHEME Document Set ID: 1186148 Version: 2, Version Date: 02/10/2018 (b) assessable development (i) code assessment (ii) impact assessment Editor’s note—A development approval is required for assessable development. Schedules 9, 10 and 12 of the Regulation also prescribe assessable development. (c) prohibited development. Editor’s note—A development application may not be made for prohibited development. Schedule 10 of the Regulation prescribes prohibited development. The planning scheme states the category of development for certain types of development, and specifies the category of assessment for assessable development in the planning scheme area in the categories of development and assessment tables at Part 3 Zones and Part 4 Overlays. Where more than one use is sought on a site and each use would be subject to a different category of development under the Zone or a defined use or use class would be subject to a different category of development under an Overlay, or under different Overlays, the higher assessment category applies as follows:- (a) accepted development subject to requirements prevails over accepted development; (b) code assessable prevails over accepted development subject to requirements or accepted development; and (c) impact assessable prevails over code assessable, accepted development subject to requirements or accepted development.
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