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Contents Circular No Subject Tab No A1 - CONTENTS CIRCULAR SUBJECT TAB NO NO. A1 CONTENTS 1 A2 LIST OF AMENDMENTS 2 A3 INTRODUCTION TO THE DEVELOPMENT 3 CONTROL PLAN A4 DEFINITIONS 4 F1 FOOTPATH TRADING & OUTDOOR DINING 5 I1 INDUSTRIAL DEVELOPMENT (IN1 & IN2) 6 N1 NOTIFICATION OF DEVELOPMENT 7 APPLICATIONS R1 PRIMARY PRODUCTION SMALL LOTS ZONE 8 (RU4) & LARGE LOT RESIDENTIAL ZONE (R5) S1 OUTDOOR ADVERTISING SIGNS 9 V1 VILLAGE & RESIDENTIAL ZONES (RU5 & R1, 10 R3) Z1 ZONES & LOT SIZE SUMMARY 11 APPENDICES ACCESS TO PROPERTIES SPECIFICATIONS 12 CD ROM 13 TUMBARUMBA SHIRE DEVELOPMENT CONTROL PLAN 2011 – CIRCULAR A1 – 27/10/2011 A2 – LIST OF AMENDMENTS Objectives:- Date of adoption of original plan and date when plan comes into force • To identify the process for amending the DCP and providing for public participation This plan was exhibited for public comment in accordance with the Environmental Planning and • Assessment Act 1979 and Regulations. Council To update on amendments to the th Tumbarumba Shire Development Control Plan adopted this plan on the 27 October, 2011 2011 Subsequent amendments to the plan are listed below. • To identify the date of adoption of the DCP by Council and subsequent amendments th This plan came into force as of the 25 April, 2012 (being the date of public notice in the local newspaper in accordance with Clause 21 of the Environmental Planning and Assessment Regulations 2000) Purpose of Amendment Circular Amended Date Amendment effective (i.e. public notice - Clause 21 of EPA Regs) Amendments to Tumbarumba Shire Development Control Plan 2011 Where Council resolves to prepare draft circulars as an amendment to the Tumbarumba Shire Development Control Plan 2011 these must be exhibited for a minimum period of 28 days. Public notice must be given in the local newspaper. This notice is to indicate the details of the places, times and dates for the inspection of the draft circulars; and the period during which submissions may be made. Copies of the draft circulars will be made available during the exhibition period free of charge TUMBARUMBA SHIRE DEVELOPMENT CONTROL PLAN 2011 - CIRCULAR NO A2 – 27/10/2011 A3 - INTRODUCTION TO THE DEVELOPMENT CONTROL PLAN overall DCP and should not be read in isolation. Objectives: A circular may include one or all of the following:- The overall objectives of the Tumbarumba Shire Development Control Plan 2011 are:- Definitions - Some circulars contain their own definitions and terms. Definitions used are as • To help achieve the aims and objectives of the prescribed in the Tumbarumba Local Tumbarumba Local Environmental Plan 2010 by Environmental Plan 2010. providing more detailed controls for development. Objectives - Each circular has specific objectives • To outline Council policies, standards and which describe what Council aims to achieve indicate the preferred future direction for development within Tumbarumba Shire. Subject Headings - These are listed by subject and are in numerical order. • To assist in the preparation of development proposals by providing applicants and owners - These are used to details of Council requirements. Development controls measure the performance of a development in the development process. Variations What is a Development Control Plan (DCP)? Notwithstanding any provisions in these circulars, • A DCP is a source of information other than those standards included in other covering issues of legislative, legislation or are only permitted to be varied as administrative and technical aspects of development standards, Council may consider a development. variation to the DCP. Such a variation may only be considered where a written statement specifying the • This DCP is known as Tumbarumba grounds for non- compliance is submitted for Shire Development Control Plan 2011 Council’s consideration. pursuant to Division 6 of the Environmental Planning and Assessment Council may consider advertising any amendment to Act 1979. the DCP where it considers such variation is a major departure. • This DCP applies to the whole of the Tumbarumba Shire Local Government Council will only consider a variation where it is Area. warranted by special circumstances, where the design of the proposed development is of a superior • This DCP contains more detailed standard and where in Council’s opinion the stated provisions than in the Tumbarumba Shire objectives of the circular and particular standard are Local Environmental Plan (LEP) 2011. In achieved. the event of a conflict between the DCP and the Tumbarumba LEP 2011 the LEP prevails. • This DCP applies from the date of adoption by Council. The date of adoption and amendments to the DCP are listed in Circular A2 – List of Amendments How to use the Development Control Plan The Development Control Plan (DCP) is designed to assist with various types of issues that may relate to a development proposal. A separate Circular will address a specific issue, however forms only a single component of the 1 A3 - INTRODUCTION TO THE DEVELOPMENT CONTROL PLAN Disclaimer • Council provides the information contained in this DCP in good faith. In some cases this DCP only provides a summary of detailed legislative provisions and technical codes. • This DCP includes information that does not strictly meet the requirements of Division 6 of the Environmental Planning and Assessment Act 1979. • This DCP is for use by Council and the public. • The DCP is aimed to allow participation by the public in the development of Council policy. • The information contained in this document is a guide to only some of the provisions that relate to development. Compliance with the requirements of this DCP will not necessarily mean that a development will be approved. • Always seek independent advice in relation to property purchases or investment decisions. This information should not be relied upon in reaching a decision to purchase a property Further Information If you have enquiries or wish to clarify any aspect of this DCP contact Council on (02) 69489100 2 F1 - FOOTPATH TRADING AND OUTDOOR DINING areas as promotional items for business Objectives: trading purposes. • To make our towns and villages Note: This policy does not apply to outdoor more liveable and friendly and dining areas or footpath trading activities that add life to the urban are carried out on privately owned land. environment; • To enhance social interaction; 2.0 OBTAINING A PERMIT • To assist in preventing street crime; Council will use this Policy to assess all • To provide alternatives to indoor applications for the commercial use of eating; footpaths or public areas. Before • To boost trade for retailers; applying for a permit, you should: • Provide for the appropriate use of footpaths, plazas and public • Obtain an application form for either a areas for outdoor dining areas ‘Footpath Trading Activity Permit’ or an and footpath trading activities. ‘Outdoor Dining Area Permit’ from • Provide outdoor dining areas Council; and footpath trading activities that contribute positively to the • Consider how your proposal complies streetscape character. with the objectives of this policy; • Provide outdoor dining areas • Establish which sections of this Policy and footpath trading activities apply to your proposal; that are compatible with other • Consider discussing the proposal with community uses of the public Council officers to ensure relevant key space. matters are identified and addressed: • Provide outdoor dining areas • Ensure that your application is and footpath trading activities consistent and complies with the that are safe and accessible for requirements contained within this all users. policy; and • Ensure you are providing Council with all the necessary information. 2.1 Advertising Structures 1.0 PLACES & CIRCUMSTANCES IN WHICH THIS POLICY APPLIES Outdoor Dining and Footpath Trading is not to be used as a vehicle for increasing advertising This policy applies to all retail premises, and to a business’s activity. The use of advertising food premises within commercial areas that material and signage outside the provisions of are lawfully operating or that have a valid this policy will require separate development development consent to operate, where it is consent (Refer to S1 Outdoor Advertising proposed to use Council’s footpaths and Signs Circular). public areas to either: • Establish an outdoor dining area which 2.2 Variations of the Policy does not involve the service of alcohol; or Variations to the controls and requirements of • Carry out footpath trading activities; or this Policy may be permissible if, in the opinion • Place items on a footpath or public of the Council, the objectives of the Policy 1 TUMBARUMBA SHIRE DEVELOPMENT CONTROL PLAN 2011 - CIRCULAR NO F1 – 27/10/2012 F1 - FOOTPATH TRADING AND OUTDOOR DINING have been met. A written statement and any disposable eating utensils need to be other supporting information that details how provided; and this will be achieved must be included with the • No furniture shall be located within 3.0 application. metres of any road corner. 2.3 Exemptions to this policy 3.2 Outdoor Furniture Community organised events and special one- Outdoor furniture to be used by an off celebrations are not required to lodge an establishment must be approved by Council application for approval, provided businesses and should adhere to the following guidelines; comply with the criteria set out in this policy. • Outdoor furniture must be commercial 3.0 OUTDOOR DINING AREAS grade and of adequate strength and durability to withstand most external 3.1 Suitable Locations for Outdoor Dining weather conditions and outdoor Areas commercial use. • Domestic style plastic furniture is not The following criteria apply: permitted as it is not generally considered to be high quality, aesthetically pleasing or durable. • They should be located on a suitably constructed surface that is sufficiently • All furniture must be of a high aesthetic level to allow for the safe use of the quality that enhances the existing furniture and can support a layout that streetscape. adequately meets the other • Furniture for all establishments and requirements of this policy; surrounds are to be kept in a clean, • Location should be consistent with any hygienic and safe condition at all times.
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