New South Wales Consolidated Regulations

EUROBODALLA LOCAL ENVIRONMENTAL PLAN 2012 - 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 public land (including waterways on public land) for personal or group training, water sports, swimming or surf schools and the like or for sightseeing or recreational tours

(1) Must not permanently occupy the public land or waterway.

(2) Must not involve the construction of any permanent structures on, in or above the public land or waterway.

(3) Must only be carried out between 7 am and 7 pm any day.

Note : The proponent must have obtained any required lease, licence or other authorisation from the relevant public authority.

Development on land within Zone E4 Environmental Living

Must be prescribed as exempt development in Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for land within Zone RU4 Primary Production Small Lots.

Farm dams

(1) Must be on land within Zone RU1 Primary Production, Zone RU4 Primary Production Small Lots or Zone E4 Environmental Living.

(2) Must be permitted or authorised under the Water Management Act 2000 .

Grazing of livestock

Must be on land within Zone E2 Environmental Conservation.

Note : Clause 3.3 prohibits the carrying out of exempt or complying development on any environmentally sensitive area for exempt or complying development (as defined in that clause).

Outdoor lighting (excluding external lighting for sports fields, tennis courts or other sporting facilities and detached external lighting other than low level garden lighting)

(1) Must not directly light any adjoining premises, land or occupancy.

(2) Must comply with AS 4282--Control of the Obtrusive Effects of Outdoor Lighting .

(3) Must be used for recreational or security purposes only.

(4) Must not be used for advertising purposes or the floodlighting or illumination of buildings or premises.

Rural outbuildings (excluding farm buildings and garden sheds) that are ancillary to an existing dwelling on the property

(1) Maximum one permitted per property.

(2) Must be located on land within Zone RU1 Primary Production, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU5 Village.

(3) Maximum size 100m 2 on properties equal to or greater than 2ha.

(4) Maximum size 60m 2 on properties less than 2ha.

(5) Maximum height 6m above ground level (existing).

(6) Must be located at least 20m from the front boundary (road) and 12m from any side or rear property boundary.

(7) Must be located at least 40m from any natural watercourse.

(8) Must be located below ridgelines.

(9) Must be located at least 10m from a dwelling.

(10) If the structure is located on bush fire prone land, the structure must be made of non-combustible materials only.

(11) Must not be used for commercial or habitable use.

(12) Exterior surfaces must have non-reflective finishes.

(13) Exterior colour is to be compatible with the surrounding environment.