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Palerang Development Control Plan 2015

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PALERANG DEVELOPMENT CONTROL PLAN 2015 Dates of Approvals & Commencement of this Development Control Plan Date Approved by Date Commenced Description Version Council 21 May 2015 27 May 2015 Development Control Plan (in full) 1 Development Control Plan 2015 Table of Contents Part A Preliminary Information 1 A1 About this Development Control Plan 1 A2 Citation - Name of this Development Control Plan 1 A3 Land covered by this Development Control Plan 1 A4 Purpose 2 A5 Structure of this Development Control Plan 2 A6 Variations to the Development Control Plan 3 A7 When to use this Development Control Plan 3 A8 Lodging a Development Application 3 A9 Notification of a Development Application 4 A10 Publication of Development Applications Received List 4 A11 Amendments, Modifications and Reviews 4 A12 Process Following Receipt of Submissions 5 A13 Developer Levies 5 A14 Relationship to Voluntary Planning Agreements 6 A15 Relationship to Other Council Policy Documents 6 A16 Savings and Transitional Provisions 6 A17 References to External standards and documents 6 A18 The Consent Authority 6 A19 Glossary 7 A20 Planning Framework 7 A21 Ecologically Sustainable Development 8 Part B General Provisions 10 B1 Site Analysis 10 B2 Accessible Design 11 B3 Flora, fauna, soil and watercourses 15 B4 Bush fire Prone Land 23 B5 Crime Prevention through Environmental Design 26 B6 Development on ridges and prominent hills and within 200 metres of a classified road 27 B7 Engineering Requirements 28 B8 Erosion and sediment control 46 B9 Flood planning 49 B10 Heritage – European (non-Indigenous), Aboriginal (Indigenous) and Natural 52 B11 Social and economic impact assessment 67 B12 Landscaping 68 B13 On-site System of Sewage Management (OSSM) 69 B14 Potentially contaminated land 78 B15 Waste management 79 B16 Greywater reuse 81 B17 Rainwater tanks 82 B18 Solid fuel heaters 84 B19 Sydney, Googong and Captains Flat drinking water catchments 85 Development Control Plan 2015 Part C Development Specific Provisions 86 C1 Subdivision 86 C2 Residential development 97 C3 Affordable Housing 111 C4 Exhibition homes and villages 111 C5 Temporary residential accommodation 112 C6 Sheds, garages, carports and animal housing in residential and RU5 land use zones 112 C7 Business land development – B2 Local Centre and B4 Mixed Use 114 C8 Industrial development 118 C9 Restaurants or cafés in RU1 Primary Production or E4 Environmental Living 121 C10 Eco-tourist facilities 122 C11 Bed and Breakfast Accommodation 122 C12 Outdoor Dining 124 C13 Roadside Stalls 126 C14 Use of the footpath 127 C15 Swimming pools 130 C16 Shipping Containers 130 C17 Lighting 131 C18 Advertising signage 132 C19 Directional signage 137 C20 Events 139 C21 Caravan Parks and camping grounds (including primitive camping grounds) 140 C22 Filling of land 140 C23 Demolition of buildings or structures 142 C25 Sheds in RU1 Primary Production, E3 Environmental Management and E4 Environmental Living 142 C26 Rural industry 144 C27 Intensive Agriculture 145 C28 Animal boarding or training establishments for cats, dogs and horses 146 C29 Horse stables and horse arenas 148 C30 Gates and Fencing 150 Part D Area Specific Provisions 153 D1 Bungendore 153 D2 Braidwood 160 D3 Villages 160 D4 Mt Gillamatong 165 D5 Lots 1 and 2 DP 456367, Lot 2 DP 131294 and Lot 1 DP 1067259 166 Part E Community Engagement and Participation Plan 167 Appendices 167 Development Control Plan 2015 Part A Preliminary Information A1 About this Development Control Plan The Palerang Local Environmental Plan 2014 (PLEP 2014) provides the statutory framework for land use management in the Palerang local government area, subject to overriding planning controls in State Environmental Planning Policies and legislation. This development control plan (DCP) expands on the aims, objectives and other provisions of the PLEP 2014 and provides detailed development provisions for development in the Palerang local government area. The purpose of a DCP is to provide guidance to developers and the consent authority when carrying out or approving development to: Achieve the objectives of land use zones under an environmental planning instrument (EPI); and Facilitate permissible development under an EPI. Provisions in a DCP are therefore to provide guidance and are not statutory requirements. A2 Citation - Name of this Development Control Plan This DCP is called the Palerang Development Control Plan 2015. It has been prepared pursuant to the provisions of Section 74C of the Environmental Planning and Assessment Act 1979 and Clauses 16-24 of the Environmental Planning and Assessment Regulation 2000. Council, as the consent authority, is required under Section 79C of the Environmental Planning and Assessment Act 1979 to take into consideration the relevant provisions of the DCP in determining development applications on land to which it applies. A3 Land covered by this Development Control Plan The DCP applies to all land in the Palerang local government area except for the state conservation area ‘Braidwood and its setting’. Controls relating to ‘Braidwood and its setting’ are contained in the Braidwood Development Control Plan 2006, which, while repealed under the Environmental Planning and Assessment Act 1979, is still applicable under the Heritage Act 1977. The adoption of this DCP repeals the following development control plans: Braidwood Development Control Plan 2006 Palerang Council, Fencing Requirements in Rural, Environmental Protection and Rural Residential Areas Cooma-Monaro DCP No. 1 Development and Subdivision of Land (Urban and Rural) Cooma-Monaro Development Control Plan No. 20 Exempt Development Cooma-Monaro Development Control Plan No. 21 Complying Development Mulwaree Development Control Plan No. 6 Rural Subdivision for Dwelling Houses Mulwaree Development Control Plan No. 5 Dwelling Houses and Class 10 Buildings Palerang Council Development Control Plan Advertising and Notifying Development Applications Development Control Plan 2015 | 1 Palerang Council, Palerang Advertising Signs Development Control Plan 2007 Palerang Council, Palerang Activities in Public Places Development Control Plan 2007 Palerang Council, Development Control Plan Yarrowlumla LEP 2002 2(v) Village Zone Yarrowlumla Development Control Plan Rural Zones Yarrowlumla Development Control 7(e) Environmental Protection Zone Tallaganda Environmental Heritage Development Control Plan No. 1 Tallaganda Development Control Plan No. 3. Rural Small Holding Development Tallaganda Development Control Plan No. 6 Exempt Development Tallaganda Development Control Plan No. 7 Complying Development Tallaganda Shire Council, Development Control Plan No. 8 On-Site Sewage Management Tallaganda Shire Council, Development Control Plan No. 4 Rural 1(a) A4 Purpose The purpose of this DCP is to provide more detailed provisions and to support the aims of the PLEP 2014. The aims of the PLEP 2014 are: a) to protect and improve the economic, environmental, social and cultural resources and prospects of the Palerang community, b) to encourage development that supports the long-term economic sustainability of the local community, by ensuring that development does not unreasonably increase the demand for public services or public facilities, c) to retain, protect and encourage sustainable primary industry and commerce, d) to ensure the orderly, innovative and appropriate use of resources in Palerang through the effective application of the principles of ecologically sustainable development, e) to retain and protect wetlands, watercourses and water quality and enhance biodiversity and habitat corridors by encouraging the linking of fragmented core habitat areas within Palerang, f) to identify, protect and provide areas used for community health and recreational activities, g) to ensure that innovative environmental design is encouraged in residential development. A5 Structure of this Development Control Plan This DCP is comprised of four parts. It is important to read all parts as development applications must respond to all relevant matters in the DCP. Part A – Preliminary Information This part contains the preliminary information associated with the DCP and an explanation as to how it should be used. It also sets out the planning framework for the DCP. Part B – General Provisions This part contains the General Provisions that apply to all development. These provisions include: Site Analysis Biodiversity Bush fire prone land Contaminated land Crime prevention through environmental design Disability standards for access Engineering requirements (roads, parking, stormwater management, water and utilities) Development Control Plan 2015 | 2 Erosion and sediment control Flood planning Heritage Landscaping On-site system of sewage management Tree and vegetation preservation Waste management Part C – Development Specific Provisions This part contains the development specific provisions and includes: Subdivision Rural development Residential development Business development Industrial development Specific land uses Part D – Area Specific Provisions This part contains area based provisions. Where an area based provision is inconsistent with a general provision or a development specific provision, the area based provision prevails to the extent of that inconsistency. Part E – Notification of a Development Application This part contains provisions to ensure that public participation occurs in an orderly, consistent and transparent manner. A6 Variations to the Development Control
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