Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012I1. HeritageThis Chapter provides informationand guidance for heritageconservation within the RichmondValley Council area. It isacknowledged that heritage takesmany forms and incorporates bothAboriginal cultural heritage and postEuropean settlement heritage.Council aims through this Chapter toencourage the protection,conservation and enhancement ofplaces with heritage significancebeing places of historic, scientific,cultural, social, archaeological,architectural, natural, aesthetic and spiritual value, for the benefit of itscommunity for future generations.I1.1 ObjectivesThe objectives of this Chapter are to:‣ recognise the heritage of Richmond Valley Council area,‣ provide guidance on the implementation of the heritage provisions of theLEP,‣ recognise the people of the Bundjalung Nation as the first inhabitants ofthis area and that the area is rich in cultural heritage,‣ acknowledge the Due Diligence Code of Conduct for the Protection ofAboriginal Objects and encourage all applicants and land owners tofollow these guidelines.I1.1 General Principles(1) LegislationHeritage is protected and managed by various levels of government under anumber of State and Federal Acts, as well as international conventions andtreaties.At the Federal level heritage is managed as:‣ World Heritage—comprising of places representing the best examples ofthe world’s cultural and natural heritage—managed under the WorldHeritage Convention,‣ National Heritage—comprises exceptional natural, historic and culturalplaces that contribute to Australia’s national identity—managed underPart I – Other Considerations – Heritage I.3

Richmond Valley Development Control Plan 2012the Environment Protection and Biodiversity Conservation Act 1999(EPBC Act),‣ Commonwealth Heritage—comprises of natural, Indigenous and historicplaces which are located on Australian Government owned or controlledlands and waters (Commonwealth lands and waters)—managed underthe Environment Protection and Biodiversity Conservation Act 1999(EPBC Act),‣ Indigenous heritage—comprises of places, included on the National orCommonwealth lists, considered to have Indigenous heritage values—managed under the Environment Protection and BiodiversityConservation Act 1999 (EPBC Act),‣ Historic Shipwrecks—comprises shipwrecks and associated relics olderthan 75 years within Australian waters (extending from low tide to edgeof continental shelf)—managed under the Historic Shipwrecks Act 1976.The only site within the Richmond Valley Council area to feature on the aboveinventories is the Casino Post Office that was added to the CommonwealthHeritage List on 7 November 2011.At the State level heritage is managed in NSW as:‣ State Heritage Register—objects and places that are of particularimportance to the people of NSW and considered to have significancefor NSW’s cultural or natural history—managed under the Heritage Act1977,‣ Relics—deposits, artefacts, objects or materials demonstrating evidenceof the settlement of New South Wales, but not including Aboriginalsettlement, and having State or local significance—managed under theHeritage Act 1977,‣ Historic shipwrecks—declared (by published order in the NSWGazette) historic shipwrecks in State waters—managed under theHeritage Act 1977,‣ Aboriginal Areas—reserved Crown land to identify, protect andconserve areas of natural or cultural significance to Aboriginal people—managed under the National Parks and Wildlife Act 1974,‣ Aboriginal Places—declared (by published order in the NSW Gazette)places having special significance with respect to Aboriginal culture—managed under the National Parks and Wildlife Act 1974,‣ Aboriginal Objects—deposits, objects or material evidence, includingAboriginal remains, relating to the Aboriginal habitation of New SouthWales—managed under the National Parks and Wildlife Act 1974.From the above, the Richmond Valley Council has 7 State Heritage registereditems, 1 declared Aboriginal Place, and an unknown number of relics andAboriginal objects.Note. A basic search can be freely made of the Aboriginal HeritageInformation Management System (AHIMS) for recorded items and places.Part I – Other Considerations – Heritage I.4

Richmond Valley Development Control Plan 2012At the local level heritage is managed as:‣ Local Heritage—objects and places that were identified in a HeritageStudy that are of particular importance to the people of Richmond ValleyCouncil and considered to have significance for the cultural or naturalhistory of this local area—managed under the Richmond Valley LocalEnvironmental Plan 2012,‣ Aboriginal places of heritage significance—an area of land identifiedin an Aboriginal heritage study that is the site of Aboriginal objects, or anatural Aboriginal sacred site—managed under the Richmond ValleyLocal Environmental Plan 2012.An inventory of heritage items and conservation areas is contained withinSchedule 5 of the LEP and identified on the Heritage Map.The Department of Planning and Infrastructure has requested that noAboriginal items or Aboriginal Places of heritage significance be includedwithin the LEP until an Aboriginal Heritage Study has been completed andconsultation undertaken with the local Aboriginal community. Several sitesidentified within the Community Based Heritage Study have been withdrawnfor listing but will be reconsidered within a future Aboriginal Heritage Study.(2) Heritage StudiesRichmond Valley Councilcompleted a CommunityBased Heritage Study in2007 that consulted andresearched items andareas of heritagesignificance to thiscommunity. An inventoryof items and places wasproduced and this waswhittled down to ashortened list of itemshavingheritagesignificance. The Study was publicly exhibited and a final determination wasmade in 2008 to list items and a conservation area within the Richmond ValleyLEP.The study commenced in 2005 with the aim of including Aboriginal culturalheritage but it was soon discovered that a separate study was needed forsuch a vast and complex subject. An Aboriginal Cultural Heritage Study hasbeen planned but not yet commenced due to budgetary constraints. However,this is a high priority within Council’s Community Strategic Plan.(3) Richmond Valley Local Environmental Plan 2012Local Government’s primary role with heritage conservation is derived underthe Heritage Act 1977 and through heritage provisions contained within clause5.10 of the Richmond Valley Local Environmental Plan 2012.Part I – Other Considerations – Heritage I.5

Richmond Valley Development Control Plan 2012(a) Clause 5.10 – Heritage conservationClause 5.10 is a mandatory clause within the Standard Instrument LEP andcontains the heritage conservation provisions. The LEP also contains anumber of definitions, contained within the LEP Dictionary, Schedule 5containing a list of items and areas, and a Heritage Map identifying thelocation of items and areas contained within the schedule.Heritage items can be buildings, works,trees, places, archaeological relics orobjects. All heritage items arerecognised for their particular value orheritage significance. Heritage itemsand conservation areas have specialqualities that make them significant.Development needs to take particularcare to ensure that the particularthemes, features or characteristics thatmake the item or area significant arenot compromised by change.This can include:‣ Retaining heritage items and encouraging changes to occur away fromsignificant elements or sections of heritage items.‣ Ensuring new work has suitable bulk, scale, proportions and detailing sothat it does not dominate or compromise the ability to interpret heritageitems (including adjacent or nearby items) or the heritage conservationarea.‣ Encourage use of suitable materials.Extract from Richmond Valley Local Environmental Plan 2012Clause 5.10 Heritage conservationNote. Heritage items (if any) are listed and described in Schedule 5. The Heritage Map may also show the location ofa heritage item. Heritage conservation areas (if any) must be shown on the Heritage Map as well as being describedin Schedule 5.The location and nature of Aboriginal objects and Aboriginal places of heritage significance may be described inSchedule 5 and shown on the sheet of the Heritage Map marked “Aboriginal Heritage Map”.(1) ObjectivesThe objectives of this clause are as follows:(a) to conserve the environmental heritage of Richmond Valley Local Government Area,(b) to conserve the heritage significance of heritage items and heritage conservationareas, including associated fabric, settings and views,(c) to conserve archaeological sites,(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.(2) Requirement for consentDevelopment consent is required for any of the following:(a) demolishing or moving any of the following or altering the exterior of any of thefollowing (including, in the case of a building, making changes to its detail, fabric,finish or appearance):(i) a heritage item,(ii) an Aboriginal object,(iii) a building, work, relic or tree within a heritage conservation area,(b) altering a heritage item that is a building by making structural changes to its interior orby making changes to anything inside the item that is specified in Schedule 5 inrelation to the item,Part I – Other Considerations – Heritage I.6

Richmond Valley Development Control Plan 2012(c)(d)(e)(f)disturbing or excavating an archaeological site while knowing, or having reasonablecause to suspect, that the disturbance or excavation will or is likely to result in a relicbeing discovered, exposed, moved, damaged or destroyed,disturbing or excavating an Aboriginal place of heritage significance,erecting a building on land:(i) on which a heritage item is located or that is within a heritage conservationarea, or(ii) on which an Aboriginal object is located or that is within an Aboriginal placeof heritage significance,subdividing land:(i) on which a heritage item is located or that is within a heritage conservationarea, or(ii) on which an Aboriginal object is located or that is within an Aboriginal placeof heritage significance.(3) When consent not requiredHowever, development consent under this clause is not required if:(a)(b)the applicant has notified the consent authority of the proposed development and theconsent authority has advised the applicant in writing before any work is carried outthat it is satisfied that the proposed development:(i)(ii)is of a minor nature or is for the maintenance of the heritage item, Aboriginalobject, Aboriginal place of heritage significance or archaeological site or abuilding, work, relic, tree or place within the heritage conservation area, andwould not adversely affect the heritage significance of the heritage item,Aboriginal object, Aboriginal place, archaeological site or heritageconservation area, orthe development is in a cemetery or burial ground and the proposed development:(i) is the creation of a new grave or monument, or excavation or disturbance ofland for the purpose of conserving or repairing monuments or grave markers,and(ii) would not cause disturbance to human remains, relics, Aboriginal objects inthe form of grave goods, or to an Aboriginal place of heritage significance, or(c) the development is limited to the removal of a tree or other vegetation that the Councilis satisfied is a risk to human life or property, or(d) the development is exempt development.(4) Effect of proposed development on heritage significanceThe consent authority must, before granting consent under this clause in respect of a heritageitem or heritage conservation area, consider the effect of the proposed development on theheritage significance of the item or area concerned. This subclause applies regardless ofwhether a heritage management document is prepared under subclause (5) or a heritageconservation management plan is submitted under subclause (6).(5) Heritage assessmentThe consent authority may, before granting consent to any development:(a) on land on which a heritage item is located, or(b) on land that is within a heritage conservation area, or(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),require a heritage management document to be prepared that assesses the extent to which thecarrying out of the proposed development would affect the heritage significance of the heritageitem or heritage conservation area concerned.(6) Heritage conservation management plansThe consent authority may require, after considering the heritage significance of a heritageitem and the extent of change proposed to it, the submission of a heritage conservationmanagement plan before granting consent under this clause.(7) Archaeological sitesThe consent authority must, before granting consent under this clause to the carrying out ofdevelopment on an archaeological site (other than land listed on the State Heritage Register orto which an interim heritage order under the Heritage Act 1977 applies):(a) notify the Heritage Council of its intention to grant consent, and(b) take into consideration any response received from the Heritage Council within 28days after the notice is sent.(8) Aboriginal places of heritage significanceThe consent authority must, before granting consent under this clause to the carrying out ofdevelopment in an Aboriginal place of heritage significance:(a) consider the effect of the proposed development on the heritage significance of theplace and any Aboriginal object known or reasonably likely to be located at the placeby means of an adequate investigation and assessment (which may involveconsideration of a heritage impact statement), andPart I – Other Considerations – Heritage I.7

Richmond Valley Development Control Plan 2012(b) notify the local Aboriginal communities, in writing or in such other manner as may beappropriate, about the application and take into consideration any response receivedwithin 28 days after the notice is sent.(9) Demolition of nominated State heritage itemsThe consent authority must, before granting consent under this clause for the demolition of anominated State heritage item:(a) notify the Heritage Council about the application, and(b) take into consideration any response received from the Heritage Council within 28days after the notice is sent.(10) Conservation incentivesThe consent authority may grant consent to development for any purpose of a building that is aheritage item or of the land on which such a building is erected, or for any purpose on anAboriginal place of heritage significance, even though development for that purpose wouldotherwise not be allowed by this Plan, if the consent authority is satisfied that:(a) the conservation of the heritage item or Aboriginal place of heritage significance isfacilitated by the granting of consent, and(b) the proposed development is in accordance with a heritage management documentthat has been approved by the consent authority, and(c) the consent to the proposed development would require that all necessaryconservation work identified in the heritage management document is carried out, and(d) the proposed development would not adversely affect the heritage significance of theheritage item, including its setting, or the heritage significance of the Aboriginal placeof heritage significance, and(e) the proposed development would not have any significant adverse effect on theamenity of the surrounding area.Extracts from LEP DictionaryAboriginal object means any deposit, object or other material evidence (not being a handicraftmade for sale) relating to the Aboriginal habitation of an area of New South Wales, beinghabitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.Aboriginal place of heritage significance means an area of land, the general location ofwhich is identified in an Aboriginal heritage study adopted by the Council after public exhibitionand that may be shown on the Heritage Map, that is:(a) the site of one or more Aboriginal objects or a place that has the physical remains ofpre-European occupation by, or is of contemporary significance to, the Aboriginalpeople. It may (but need not) include items and remnants of the occupation of the landby Aboriginal people, such as burial places, engraving sites, rock art, middendeposits, scarred and sacred trees and sharpening grooves, or(b) a natural Aboriginal sacred site or other sacred feature. It includes natural featuressuch as creeks or mountains of long-standing cultural significance, as well asinitiation, ceremonial or story places or areas of more contemporary culturalsignificance.Note. The term may include (but is not limited to) places that are declared under section 84 ofthe National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.archaeological site means a place that contains one or more relics.demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or treewithin a heritage conservation area, means wholly or partly destroy, dismantle or deface theheritage item, Aboriginal object or building, work, relic or tree.heritage conservation area means an area of land of heritage significance:(a) shown on the Heritage Map as a heritage conservation area, and(b) the location and nature of which is described in Schedule 5,and includes any heritage items situated on or within that area.heritage conservation management plan means a document prepared in accordance withguidelines prepared by the Division of the Government Service responsible to the Ministeradministrating the Heritage Act 1977 that documents the heritage significance of an item, placeor heritage conservation area and identifies conservation policies and managementmechanisms that are appropriate to enable that significance to be retained.heritage impact statement means a document consisting of:(a) a statement demonstrating the heritage significance of a heritage item or heritageconservation area, and(b) an assessment of the impact that proposed development will have on thatsignificance, and(c) proposals for measures to minimise that impact.Part I – Other Considerations – Heritage I.8

Richmond Valley Development Control Plan 2012heritage item means a building, work, place, relic, tree, object or archaeological site thelocation and nature of which is described in Schedule 5.Note. An inventory of heritage items is also available at the office of the Council.heritage management document means:(a) a heritage conservation management plan, or(b) a heritage impact statement, or(c) any other document that provides guidelines for the ongoing management andconservation of a heritage item, Aboriginal object, Aboriginal place of heritagesignificance or heritage conservation area.Heritage Map means the Richmond Valley Local Environmental Plan 2012 Heritage Map.heritage significance means historical, scientific, cultural, social, archaeological, architectural,natural or aesthetic value.maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritagesignificance, or a building, work, archaeological site, tree or place within a heritageconservation area, means ongoing protective care, but does not include the removal ordisturbance of existing fabric, alterations (such as carrying out extensions or additions) or theintroduction of new materials or technology.nominated State heritage item means a heritage item that:(a) has been identified as an item of State significance in a publicly exhibited heritagestudy adopted by the Council, and(b) the Council has, by notice in writing to the Heritage Council, nominated as an item ofpotential State significance.relic has the same meaning as in the Heritage Act 1977.Note. The term is defined as follows:relic means any deposit, artefact, object or material evidence that:(a) relates to the settlement of the area that comprises New South Wales, not beingAboriginal settlement, and(b) is of State or local heritage significance.(b) Exempt and Complying DevelopmentTraditionally heritage listed items and properties within conservation areashave been excluded from exempt development. The heritage conservationprovisions of the Standard Instrument LEP changes this arrangement byexcluding the need for development consent for development that is exemptdevelopment (refer to clause 5.10(3)(d)). Notwithstanding however, thatcertain types of exempt development may specify that they can not apply toheritage items, conservation areas, and/or State heritage items.(4) Aboriginal Cultural HeritageAboriginal cultural heritage provisions of the National Parks and Wildlife Act1974 are currently undergoing a comprehensive review. Until this review hasbeen completed and change made to the legislative framework, the currentstatutory regime stands.The management and protection of Aboriginal cultural heritage is provided bythe National Parks and Wildlife Act 1974. The Act specifically provides for thereservation and management of Aboriginal areas, the declaration of AboriginalPlaces, the protection of Aboriginal places and objects, and the maintenanceof a register (AHIMS). It also contains requirements to report known Aboriginalobjects and sites to the Office of Environment and Heritage, and that anAboriginal Heritage Impact Permit (AHIP) is required to harm or desecrate anAboriginal object or Aboriginal Plan.The duty of care lies with the person undertaking, or authorising, works to beundertaken to follow the Due Diligence Code of Conduct for the Protection ofAboriginal Objects in New South Wales (2010). This means that theappropriate searches and consultation needs to be undertaken to ensure thatworks will not harm Aboriginal objects. Where there is reason to believe thatPart I – Other Considerations – Heritage I.9

Richmond Valley Development Control Plan 2012objects may exist the appropriate consultation procedures must be followed toacquire an AHIP.I1.3 Development Standards—HeritageGeneralThis section relates to heritage management of non-Aboriginal culturalheritage.(1) MaintenanceMaintaining heritage items is the most practical way to protect the significanceand history of a building, work, relic or place. Common maintenance tasksare:‣ Ensure roofs are secure and without gaps or broken tiles that will allowwater penetration.‣ Keep trees and branches pruned and clear of roofs and walls.‣ Ensure roof and site drainage systems are operating efficiently, checkcondition of gutters, drainpipes and drains regularly and keep clear ofdebris.‣ Regular monitoring of walls and cladding for structural soundness andprotection from water, wind, dust and vermin.‣ Weed and prune plants, and repair significant garden structures.‣ Regularly check and repair broken fencing.‣ Maintain adequate under floor ventilation.Council offers incentives for the maintenance of heritage items through anannual heritage grants program. Further details are contained in SectionI1.3(10).(2) DemolitionDemolition or relocation of heritage items is generally not supported.(3) Richmond Valley Local Environmental Plan 2012Clause 5.10 contains the Heritage Conservation provisions of RichmondValley LEP 2012, see extract in Section I1.2. Schedule 5 and the HeritageMap identify heritage items and conservation areas to which the clauseapplies.The clause generally requires consent to demolish, move, or alter heritageitems or items within a conservation area, however there are nominatedexceptions.Furthermore the clause provides special consideration of Aboriginal places ofheritage significance and archaeological sites.(a) Where Development Consent is RequiredDevelopment consent is required to:‣ demolish or move, or alter the exterior of any:Part I – Other Considerations – Heritage I.10

Richmond Valley Development Control Plan 2012• heritage item, or• Aboriginal object, or• building, work, relic or tree within a heritage conservation area.Note. Alter includes, in the case of a building, making changes to its detail, fabric, finishor appearance.‣ make structural changes to the interior of a heritage building.‣ make non-structural changes to the interior of a heritage building wherethe interior has been specified within Schedule 5.‣ disturb or excavate an archaeological site where it is likely that a relic willbe discovered, exposed, moved, damaged or destroyed.‣ disturb or excavate an Aboriginal place of heritage significance.‣ erect a building on land:• containing a heritage item, or• that is within a conservation area, or• on which an Aboriginal object is located or that is within anAboriginal place of heritage significance.‣ subdivide land:• containing a heritage item, or• that is within a conservation area, or• on which an Aboriginal object is located or that is within anAboriginal place of heritage significance.(b) Where Development Consent is Not RequiredDevelopment consent under clause 5.10 is not required if:‣ Council has responded in writing, to the applicant’s notification of theproposal, and indicated that it is satisfied that the proposeddevelopment:• is of a minor nature, or• is for the maintenance of the heritage item, Aboriginal object,Aboriginal place, archaeological site or a building, work, relic, treeor place within a conservation area, and• would not adversely affect the heritage item, Aboriginal object,Aboriginal place, archaeological site or a building, work, relic, treeor place within a conservation area.‣ the development or work is consistent with Local Site SpecificExemptions adopted for a specific item, place or area (refer to item (11)below).‣ the development is within a cemetery or burial ground to:• create new graves or monuments, or• excavate or disturb land for the purpose of conserving or repairinga monument or grave marker, and• there will be no disturbance to human remains, relics, Aboriginalobjects in the form of grave goods, or to an Aboriginal place ofheritage significance.‣ it involves removal of a tree or other vegetation that Council is satisfiedis a risk to human life or property.Part I – Other Considerations – Heritage I.11

Richmond Valley Development Control Plan 2012‣ is exempt development.(c) Assessment of heritage significancePrior to granting development consent, consideration is required of the effectof the proposed development on the heritage significance of the item or area.To assist with this assessment, additional information may be required in theform of a heritage impact statement, a heritage conservation managementplan or a heritage management document.(4) Conservation IncentivesCouncil offers a number of incentives for the management of heritage. Theseincentives may be in the form of:‣ free advice from a qualified Heritage Advisor.‣ financial assistance through the local heritage grants program.‣ reduction in fees for certain types of development applications.‣ granting consent for the use of a heritage building, or land containing anitem, for a purpose that might otherwise not be permitted by theRichmond Valley LEP 2012.Incentives are further discussed in Chapter I1.3(10).(5) Alterations and additions to heritage items(a) Objectives‣ Protect heritage significanceby minimising impacts on thesignificant elements ofheritage items.‣ Encourage alterations andadditions which aresympathetic to the item’ssignificant features andwhich will not compromiseheritage significance.‣ Ensure that alterations andadditions respect the scale,form and massing of theexisting item.(b) Controls‣ Avoid changes to the front elevation – locate new work to the rear of,behind the original building section.‣ Design new work to respect the scale, form, massing and style of theexisting building, and not visually dominate the original building.‣ The original roof line or characteristic roof elements are to remainidentifiable and not be dwarfed by the new works.‣ Retain chimneys and significant roof elements such as gables and finialswhere present.Part I – Other Considerations – Heritage I.12

Richmond Valley Development Control Plan 2012‣ Ensure that the new work is recognisable as new, “blending in” with theoriginal building without unnecessarily mimicking or copying.‣ Complement the details and materials of the original roof including ridgeheight and slopes without compromising the ability to interpret theoriginal form.‣ New materials are to be compatible with the existing finishes. Materialscan differentiate new work from original building sections whereappropriate, for example by the use of weatherboards where the originalbuilding is brick or by the use of “transitional” materials between old andnew.‣ Retain front verandahs. Reinstating verandahs, and removing intrusivechanges is encouraged, particularly where there is physical and/ orhistoric evidence.(6) Materials, finishes and colours(a) Objectives‣ Encourage materials, finishes and colours that are suitable to the periodof the building.(b) Controls‣ Select materials to be compatible, but not necessarily matching thematerials of the building. The materials should complement the periodand style of the heritage item.‣ Colour schemes are to reflect the period and detail of the property.‣ Painting or rendering face brick is generally not supported.(7) Adaptive reuse of heritage itemsAdaptive reuse of heritagebuildings can provide thenecessary viability for thecontinued use and maintenance ofheritagebuildings.Accommodating the new useshould involve minimal change tosignificant fabric in order to protectheritage significance.Elements or artefacts from theoriginal use (where present) maybe required to be retained toassist interpretation. For example,retaining machinery in situ and thelike.(a) Objectives‣ Encourage heritage items to be used for purposes appropriate to theirheritage significance.Part I – Other Considerations – Heritage I.13

Richmond Valley Development Control Plan 2012(b) Controls‣ The adaptive reuse of a heritage item should minimise alterations orinterference with significant fabric. The changes are to enable thecontinued interpretation of the original use.‣ Ensure that new services are sympathetically installed especially whereupgrading is required to satisfy fire or BCA requirements.(8) Development in the vicinity of a heritage itemDevelopment in the vicinity of a heritage item can have an impact upon theheritage significance of the item, in particular through impacting its setting.Determining whether a property is within the setting of a heritage item is anecessary component of the site analysis for proposals. Advice from Council’sHeritage Advisor may be required to determine this. The analysis shouldconsider historical property boundaries, significant vegetation andlandscaping, archeologically features, and significant views.(a) Objectives‣ Encourage development in the vicinity of a heritage item to be designedand sited to protect the significance of the heritage item.(b) Controls‣ The adaptive reuse of a heritage item is to minimise alterations orinterference.‣ Alterations and additions to buildings and structures, and newdevelopment are to be designed to respect and compliment the heritageitem in terms of building envelope, proportions, materials, colours,finishes and building street alignment.‣ Development in the vicinity of a heritage item is to minimise the impacton the setting of the item by:• Providing an adequate area around the heritage item to allow itsinterpretation.• Providing an adequate area around the heritage item to allow itsinterpretation.• Retaining original or significant landscaping associated with theheritage item.• Protecting and allowing the interpretation of archaeological featuresassociated with the heritage item.• Retaining and respecting significant views to and from the heritageitem.(9) Development within the Casino Central Business District ConservationAreaThe Casino Central Business District Conservation Area extends along Barkerand Walker Streets Casino, see Figure I1.1. This commercial precinctcomprises buildings from the Victorian, Edwardian and Inter War periods.While most shopfronts at ground level have been altered, the above awningperiod detail has in the main been retained.Part I – Other Considerations – Heritage I.14

Richmond Valley Development Control Plan 2012Important considerations for future proposals are sympathetic facadetreatments, signage and colour schemes. Council has detailed guidelines foralterations and additions, and colour schemes for buildings from a Main StreetStudy conducted by the former Casino Council in 1992.(a) Objectives‣ Retain original intact shop fronts, and any remaining evidence of originalshopfronts.‣ Encourage reinstatement of traditional features and sympathetic newwork.‣ Encourage use of traditional colour schemes based on the period of thebuilding.‣ Encourage signs that complement, rather than dominate, thearchitectural characteristics of the building.‣ Discourage proliferation of signs on buildings.‣ Encourage infill development and the replacement of non-contributorybuildings, see figure F9.1, to reflect the historic character of the precinctand capturing nearby characteristics of contributory buildings.‣ Discourage service elements (solar panels, solar heating, antennas,satellite dishes, air conditioning units and the like) that are visible fromthe street.(b) Controls(i) Facade treatment‣ Retain original elements and features, especially facades above awninglevel, of contributory buildings and heritage listed items (see Figure I1.1).‣ Encourage reinstatement of front verandahs and awnings based onhistoric information.‣ Where original shopfronts, verandahs or awnings have been altered,their replacement should be based on historic information and/or theinterpretation of period details.‣ Additional storeys can be considered if:• set at least 10 metres back from road frontage(s).• the design and materials used for the extensions minimisedetrimental impact on contributory building facades.‣ Service elements (solar panels, solar heating, antennas, satellite dishes,air conditioning units and the like) are to be placed to the rear of theproperties or on rear outbuildings, preferably so they are not visible fromBarker or Walker Streets.‣ Rendering or painting face brick is not supported.Part I – Other Considerations – Heritage I.15

Richmond Valley Development Control Plan 2012Figure I1.1 Boundary of the Casino Central Business District ConservationArea and identification of contributory buildings.(ii) Infill development‣ Design infill and replacement buildings to reflect the general historiccharacter of the precinct and capture characteristic elements fromcontributory buildings and heritage items in the vicinity, see Figure I1.1.‣ Maintain a two storey building height at the street frontage. This twostorey height restriction may be relaxed where such construction issetback 10 metres from road frontages. Refer to facade treatmentabove.‣ Where sites are amalgamated, use articulation to reflect the formersubdivision pattern.‣ Maintain a balance of solid areas over voids--Large areas of plate glasscurtain walls are generally not suitable and may not be supported.‣ Use awnings and verandahs to reduce the bulk and scale of buildings.Part I – Other Considerations – Heritage I.16

Richmond Valley Development Control Plan 2012‣ Use of articulation in facades such as string courses, cornices, pilastersand other features that break up the scale of facades is encouraged.‣ Painting of facades in corporate colours is not supported and corporateidentify should be established through appropriate signage.(10) Heritage IncentivesIn order to encourage proactive conservation and management of heritageassets in the Richmond Valley Local Government Area, owners of HeritageItems or items within a Heritage Conservation Area shall be given someincentive by Council.(a) Waiving of prescribed Development Application feesDevelopment Application fees (not including any applicable advertising,archiving fee component or the like) will be waived for proposals pertaining torestoration and conservation works on scheduled Heritage Items or itemswithin a Heritage Conservation Area. These works would include, but are notlimited to:‣ roofing, waterproofing and drainage works.‣ re-instatement of fences, verandahs, architectural features.‣ exterior painting.The General Manager has the discretion to waive Development Applicationfees in relation to scheduled Heritage Items or items within a HeritageConservation Area.(b) Heritage AdviceCouncil receives fundingfrom the Heritage Branchwhich partly funds theengagement of theservices of a qualifiedHeritage Advisor. One ofthe key roles of theHeritage Advisor is toprovide comment andrecommendations inrelation to developmentproposals. Council offersfree heritage conservationadvice to owners ofheritage listed items from both Council’s technical staff and the appointedHeritage Advisor.In addition, the Heritage Advisor is available to provide free pre-lodgementadvice in relation to proposed alterations/additions and infill development forproperties which are heritage listed. The Heritage Advisor is also able toprovide free advice regarding suitable management strategies, such asConservation Management Plan preparation, for properties of heritagesignificance to achieve best heritage outcomes.Part I – Other Considerations – Heritage I.17

Richmond Valley Development Control Plan 2012(c) Local Heritage Assistance FundEach year Council offers owners of Heritage listed properties an opportunity toapply for small grants to assist with the conservation or reinstatement ofheritage fabric. This program is partially funded (50%) by the Heritage Branch.Grant rounds are generally announced each March/April for funding ofprojects in the following financial year. To be eligible, the project must have acurrent heritage listing within the Richmond Valley Council area.The ongoing provision of the Local Heritage Assistance Fund will be subject tobudget provision being made from year to year.(d) Additional permitted usesClause 5.10(10) provides an opportunity for Council to grant developmentconsent for proposals that would not otherwise be permitted by the RichmondValley LEP 2012. These incentives will be extended to include thisdevelopment under this development control plan.Before Council can grant consent to such incentives it must be satisfied that:‣ conservation of the heritage item or Aboriginal Place of heritagesignificance is facilitated.‣ the proposal is in accordance with a heritage management documentapproved by Council.‣ consent would require all necessary conservation work identified withinthe heritage management document to be carried out.‣ the proposal would not adversely affect the heritage significance of theitem, including its setting.‣ the proposed development would not adversely impact on the amenity ofthe surrounding area.(i) Process for Approving a Heritage Management Document containingAdditional Development IncentivesApproval of a Heritage Management Document containing incentives fordevelopment that would be otherwise prohibited by the Richmond Valley LEP2012 or this DCP must only be granted where the following procedures havebeen followed. This is to ensure the process is transparent, and that heritagesignificance and conservation outcomes justify the development incentivesbeing sought.‣ the Heritage Management Document must be advertised and notified fora minimum period of 21 days.‣ the Heritage Management Document must be reported to Council, alongwith a summary of submissions received, and detail:• the incentives proposed and how they depart from the standardscontained within the LEP and/or DCP.• the conservation measures proposed to be undertaken to justify thedevelopment incentives.• an evaluation of whether the heritage significance and conservationmeasures proposed justify proposed development incentives.Part I – Other Considerations – Heritage I.18

Richmond Valley Development Control Plan 2012(ii) Types of Development Incentives that may not be consideredExamples of the types of incentives that may be considered are:‣ Erection of an additional dwelling on rural land where the heritage item isa dwelling and will be restored and maintained on the land.‣ Slightly higher densities for residential flat buildings.Examples of the types of incentives that would not be supported:‣ Rural subdivision below minimum lot size so as to create additional lotswith dwelling opportunities.(11) Local Site Specific Exemptions from Requiring ConsentAn applicant may request that Council review the need for developmentconsent, under Clause 5.10 of the LEP. Council needs to be satisfied that theproposed development is of a minor nature or is for maintenance and will notadversely affect heritage significance.This process can be simple, reflecting minor one-off proposals, or complex,capturing a number of minor works or recurrent works at the site. It is for thepurposes of the later that Council and the Owner of a property may enter intoan agreement, known as a Local Site Specific Exemption, to exclude certainidentified works from requiring development consent.(i) What should be included in a Local Site Specific ExemptionSuch an agreement should include:‣ a description of the works covered by the Local Site Specific Exemption,‣ conditions that must be employed to enable the exceptions to be used,‣ a description of the land to which the agreement applies,‣ a statement of heritage significance, and‣ a period of time after which the agreement will expire.(ii) Agreement runs with the landOnce an agreement has been endorsed it will run with the land. This means anew owner of that property is not required to enter into a new agreement forthem to be used.(iii) Withdrawal of AgreementCouncil or the Owner may at any time withdraw support to a Local SiteSpecific Exemption. Such a withdrawal needs to be in writing and is effectiveimmediately. Where it is Council that withdraws its support for an agreement itshall identify the reasons in its written notice.I1.4 Development Standards—AboriginalCultural HeritageRichmond Valley Council acknowledges the peoples of the Bundjalung Nationas the traditional custodians of this region. These traditional owners includethe people of the Banjalang, Birihnbal, Galibal, Nyangbal and Wiyabal tribeswho engaged in a rich and complex ritual life with language, customs,spirituality and law – the heart of which was connection to country.Part I – Other Considerations – Heritage I.19

Richmond Valley Development Control Plan 2012Aboriginal cultural heritage consists of places and items that are ofsignificance to Aboriginal people because of their traditions, observances,lore, customs, beliefs and history. It provides evidence of the lives andexistence of Aboriginal people before European settlement through to thepresent. Aboriginal cultural heritage is dynamic and may comprise physical(tangible) or non-physical (intangible) elements. It includes things made andused in traditional societies, such as stone tools, art sites and ceremonial orburial grounds. It also includes more contemporary and/or historical elementssuch as old mission buildings, massacre sites and cemeteries. Tangibleheritage is situated in a broader cultural landscape and needs to beconsidered in that context and in a holistic manner.While a number of sites of Aboriginal archaeological and heritage significanceare known and have been recorded within the Richmond Valley LGA, specificsurveys for Aboriginal objects have not been done over much of the area.Therefore, there is potential for Aboriginal cultural heritage to exist in manylocations even though they have not been formally recorded.(1) Aboriginal Heritage and the LEPClause 5.10(8) of the Richmond Valley LEP requires development consent tocarry out development within an Aboriginal place of heritage significance. Thedictionary defines an Aboriginal place of heritage significance as landidentified in an Aboriginal heritage study adopted by Council. At this pointCouncil has not undertaken an Aboriginal heritage study. It is a high prioritywithin Council’s Community Strategic Plan but subject to resourcing. As such,and for the purposes of the LEP, clause 5.10(8) will be ineffective until suchtime as a Study has been prepared, undergone community consultation, beenaccepted by the Aboriginal community and adopted by Council.(2) Aboriginal Heritage and National Parks and Wildlife ActThe National Parks and Wildlife Act 1974 (NPW Act), administered by theOffice of Environment and Heritage (OEH), is the primary legislation for theprotection of some aspects of Aboriginal cultural heritage in New SouthWales.Part 6 of the NPW Act provides specific protection for Aboriginal objects anddeclared Aboriginal places by establishing offences of harm. There are anumber of defences and exemptions to the offence of harming an Aboriginalobject or Aboriginal place. One of the defences is that the harm was carriedout under an Aboriginal Heritage Impact Permit (AHIP)(a) Aboriginal objectsAboriginal objects are physical evidence of the use of an area by Aboriginalpeople. They can also be referred to as ‘Aboriginal sites’, ‘relics’ or ‘culturalmaterial’.Aboriginal objects include:‣ physical objects, such as stone tools, Aboriginal-built fences andstockyards, scarred trees and the remains of fringe camps‣ material deposited on the land, such as middens‣ the ancestral remains of Aboriginal people.Part I – Other Considerations – Heritage I.20

Richmond Valley Development Control Plan 2012‣ Handicrafts made by Aboriginal people for sale are not 'Aboriginalobjects' under the NPW Act.(b) Aboriginal placesThe NPW Act can also protect areas of land that have no Aboriginal objects,that is, they may have no physical evidence of Aboriginal occupation or use.These areas can be declared ‘Aboriginal places’.The Minister can declare an area to be an ‘Aboriginal place’ if the Ministerbelieves that the place is or was of special significance to Aboriginal culture.An area can have spiritual, natural resource usage, historical, social,educational or other type of significance.(c) Aboriginal Heritage Information Management System (AHIMS)DatabaseOEH keeps a register of notified Aboriginal objects and declared Aboriginalplaces in NSW. The register is called the Aboriginal Heritage InformationManagement System (AHIMS).You can search AHIMS to discover if an Aboriginal object has been recorded,or an Aboriginal place declared, on a parcel of land. Or use the AHIMS WebService (AWS) to carry out an internet-based search for information aboutrecorded Aboriginal objects, gazetted Aboriginal places and features ofsignificance.Please note that surveys for Aboriginal objects have not been done in manyparts of NSW. Aboriginal objects may exist on a parcel of land even thoughthey have not been recorded in AHIMS.If you discover something you believe should be registered as an Aboriginalobject, contact the Aboriginal Heritage Information Unit.(d) Due DiligenceAnyone who exercises due diligence in determining that their actions will notharm Aboriginal objects has a defence against prosecution for the strictliability offence if they later harm an object.The Due Diligence Code of Practice for the Protection of Aboriginal Objects inNSW, can be used by individuals or organisations who are contemplatingundertaking activities which could harm Aboriginal objects. This code willprovide a process whereby a reasonable determination can be made as towhether or not Aboriginal objects will be harmed by an activity, whether furtherinvestigation is warranted and whether the activity requires an AHIPapplication.Due diligence may also be exercised by complying with industry-specificcodes of practice that have been adopted under the National Parks andWildlife Regulation 2009.For further information of undertaking a Due Diligence assessment refer to theCode. A copy of the Code can be downloaded from the Office of Environmentand Heritage website at:www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf(e) Aboriginal Heritage Impact Permit (AHIP)An Aboriginal Heritage Impact Permit (AHIP) is the statutory instrument thatOEH issues under section 90 of the National Parks and Wildlife Act 1974 tomanage harm or potential harm to Aboriginal objects and places.Part I – Other Considerations – Heritage I.21

Richmond Valley Development Control Plan 2012When administering its statutory functions under Part 6 of the NPW Act, OEHrequires proponents to consult with Aboriginal people about the Aboriginalcultural heritage values of Aboriginal objects and/or places within theproposed project area.For the purposes of these requirements community consultation must beundertaken in accordance with the Aboriginal Cultural Heritage ConsultationRequirements for Proponents 2010. This guideline establishes a process forthe open and honest communication between the proponent and Aboriginalpeople who have cultural heritage knowledge relevant to the proposed projectarea.Figure I1.2 The Generic Due Diligence Process (extracted from Due DiligenceCode of Practice for the Protection of Aboriginal Objects in NSW (2010))Part I – Other Considerations – Heritage I.22

Richmond Valley Development Control Plan 2012(f) Integrated DevelopmentAny development requiring an AHIP is integrated development under section91 of the EP&A Act. As such the applicant is required to tick the appropriatebox on the development application form and submit the required informationfor the issue of an AHIP. The application is then referred to the Office ofEnvironment and Heritage for their general terms of approval.Part I – Other Considerations – Heritage I.23

Richmond Valley Development Control Plan 2012I2. Development In, On, Over or Under aPublic RoadThe term public road is defined within the Roads Act 1993 and applies topublic lands declared by reservation to be road. Public roads therefore form anetwork of corridors that provide access for the conveyance of vehicular,pedestrian, and stock traffic throughout the landscape. Public roads may be:‣ formed—it contains a constructed and maintained carriageway, or‣ unformed—there has never been a constructed and maintainedcarriageway—these are commonly known a “paper roads”.A public road may also be leased:‣ as an enclosure permit—where an unformed public road is leased to anadjoining property owner and is often fenced into the property.;‣ for commercial purposes—such as alfresco dining, footpath trading,roadside vending; and‣ for encroachments of structures—such as awnings over the footpath, organtries to carry services from one side of the road to the other.All works and activities within public roads need the consent of the owner.They may also require development consent and/or some other approval,such as under the Roads Act 1993, or Local Government Act 1993. It is thepurpose of this Chapter to explain the minimum standards for construction in,on, over or under a public road and to identify the requirements for consent orapproval.Extract from Roads Act 1993public road means:(a) any road that is opened or dedicated as a public road, whether under this or any otherAct or law, and(b) any road that is declared to be a public road for the purposes of this Act.I2.1 ObjectivesThe objectives of this Chapter are to:‣ identify development standards for various types of construction whereerected in, on, over or under a public road, and‣ outline Council’s administrative requirements for the erection ofstructures in, on, over or under a public road.I2.2 Design principles(1) Ownership of Public RoadsPublic roads consist of public land, so they are available for the entirecommunity to use for access whether formed, unformed, or leased. They arehowever also owned and controlled by either Council or the Department ofPart I – Other Considerations – Dev. In, On, Over or Under a Public Road I.25

Richmond Valley Development Control Plan 2012Lands, depending upon how they were originally created and whether theyhave been dedicated.Generally the rule of thumb for ownership of a public road is:‣ unformed—normally Crown lands being owned and controlled by theDepartment of Lands, while‣ formed—most often dedicated under the care and control of the localcouncil.This rule of thumb isn’t correct in all cases so the status of a particular publicroad should be checked with Council or the Department of Lands prior toundertaking any works or activities.(a) Classified RoadsClassified Roads are defined within the Roads Act 1993 and include freeways,highways and main roads. The following roads within Richmond ValleyCouncil’s area are Classified Roads:‣ Pacific Highway,‣ Bruxner Highway,‣ Summerland Way,‣ Casino-Coraki Road‣ Coraki-Woodburn Road, and‣ Woodburn-Evans Head RoadThe Roads Act 1993 declares that the land on which a Classified Road issituated is owned by the local council, but the road infrastructure constructedwithin the public road is owned and controlled by NSW Roads and Maritime.As such works and activities within a Classified Road will require ownerconsent from the local council, but approval may also be required from NSWRoads and Maritime to access/intersect the road infrastructure, or to do worksthat may impact upon the functionality and safety of the road infrastructure.(2) Roads Act ApprovalsWorks, the erection of structures, and conduction of certain commercialactivities within a public road require approvals under the Roads Act 1993.This includes works in, on, over or under a public road. Such approvals arerequired from the appropriate roads authority, being in most cases the localcouncil.The types of approvals that may be needed include:‣ Section 125 – Approval to use footway for restaurant purposes.‣ Section 126 – Authority to erect structures – (associated with footwayrestaurants).‣ Section 138 – Works and structures – (erect structures, carry out works,dig or disturb the surface, remove or interfere with a structure, work ortree, pump water into, connect a road to a classified road).Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.26

Richmond Valley Development Control Plan 2012Extract from Roads Act 1993Part 9 Regulation of works, structures and activitiesDivision 1 Footway restaurantsSection 125 Approval to use footway for restaurant purposes(1) A council may grant an approval that allows a person who conducts a restaurantadjacent to a footway of a public road (being a public road that is vested in fee simplein the council) to use part of the footway for the purposes of the restaurant.(2) An approval may be granted on such conditions (including conditions as to paymentsin the nature of rent) as the council determines.(3) An approval may not be granted in respect of a footway of a classified road exceptwith the concurrence of RMS.(4) The term of an approval is to be such period (not exceeding 7 years) as is specified inthe approval.(5) An approval lapses at the end of its term or, if the part of the footway the subject ofthe approval ceases to be used for the purposes of a restaurant, when that useceases.Section 126 Authority to erect structures(1) A council:(a) may authorise the holder of an approval to erect and maintain structures in,on or over any part of the footway the subject of the approval, or(b) may, at the request and cost of the holder of the approval, erect and maintainany such structure.(2) The council may erect and maintain structures in, on or over any part of the footwaythe subject of an approval for the protection of public health and safety....Division 3 Other works and structures...Section 138 Works and structures(1) A person must not:(a) erect a structure or carry out a work in, on or over a public road, or(b) dig up or disturb the surface of a public road, or(c) remove or interfere with a structure, work or tree on a public road, or(d) pump water into a public road from any land adjoining the road, or(e) connect a road (whether public or private) to a classified road,otherwise than with the consent of the appropriate roads authority.(3) Infrastructure SEPPState Environmental Planning Policy (Infrastructure) 2007 (“iSEPP”) providesfor Roads and Traffic and provides for the construction of road infrastructurewith or without consent. Generally, the iSEPP provides that a road may beconstructed by a Public Authority without consent on any land.Extract from SEPP (Infrastructure) 2007Division 17 Roads and trafficClause 94 Development permitted without consent—general(1) Development for the purposes of a road or road infrastructure facilities may be carriedout by or on behalf of a public authority without consent on any land. However, suchdevelopment may be carried out without consent on land reserved under the NationalParks and Wildlife Act 1974 only if the development:(a) is authorised by or under the National Parks and Wildlife Act 1974, or(b) is, or is the subject of, an existing interest within the meaning of section 39 ofthat Act, or(c) is on land to which that Act applies over which an easement has beengranted and is not contrary to the terms or nature of the easement.(2) In this clause and clause 96, a reference to development for the purpose of roadinfrastructure facilities includes a reference to development for any of the followingpurposes if the development is in connection with a road or road infrastructurefacilities:(a) construction works (whether or not in a heritage conservation area),including:Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.27

Richmond Valley Development Control Plan 2012(b)(c)(d)(i) temporary buildings or facilities for the management of construction, ifthey are in or adjacent to a road corridor, and(ii) creation of embankments, and(iii) extraction of extractive materials and stockpiling of those materials, if:(A) the extraction and stockpiling are ancillary to road construction, or(B) the materials are used solely for road construction and theextraction and stockpiling take place in or adjacent to a roadcorridor, and(iv) temporary crushing or concrete batching plants, if they are used solelyfor road construction and are on or adjacent to a road corridor, and(v) temporary roads that are used solely during road construction,emergency works, or routine maintenance works, carried out on an existingpublic road or on land that is adjacent to such a road (including on land towhich State Environmental Planning Policy No 14—Coastal Wetlands orState Environmental Planning Policy No 26—Littoral Rainforests applies but,if they are on such land, only if any adverse effect on the land is restricted tothe minimum possible to allow the works to be carried out),alterations or additions to an existing road (such as widening, duplication orreconstruction of lanes, changing the alignment or strengthening of the road),environmental management works, if the works are in or adjacent to a roadcorridor.(4) Footway activitiesFootway activities consist of street trading, street stalls and other fundraisingactivities from within a public road.While acknowledging the importance of footway activities, Council must bemindful that footpaths are available for everyone to use and it is critical that itis understood that commercial use of public space is a privilege not a right.The essential key to an effective accessible pedestrian system throughoutshopping precincts is the development and maintenance of a continuousaccessible path of travel. This should extend out from the road alignment toprovide a consistent footpath environment inclusive of the needs of thecommunity, including older persons or people with a disability. In order toachieve this, any street furniture, signs, traders, activities or displays shouldbe located towards the kerb side not along the road alignment (propertyboundary to the public road). This is consistent with best practice guidelinesissued by the Human Rights and Equal Opportunity Commission.(a) Suitable LocationsFootway activities may be approved in all Richmond Valley Council publicroads under the control and/or management of Council, where local conditionsare favourable for their operation.(b) Unsuitable LocationsFootway activities are not permitted in areas where there exists high to veryhigh pedestrian use or other public uses, such as adjacent to taxi ranks, busstops, loading zones, fire hydrants, within potentially hazardous locations suchas on street corners or an unprotected elevated location, or outsideemergency exits.The location of landscaping, trees, artwork, street furniture and other publicinfrastructure, as well as the width of the street and footpath, may precludethe establishment of footway activities. Furthermore, such things as AlcoholFree Zones will restrict the capacity of an activity to sell or enable theconsumption of alcohol with a public road.Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.28

Richmond Valley Development Control Plan 2012Another consideration will be Crime Prevention Through EnvironmentalDesign (CPTED) which provides guidelines on the sitting of development butalso how it should be designed to reduce the potential for crime, refer toChapter I10 for details.(c) PoliciesCouncil has a Footway Activities policy (Policy No. 2.2.4) and a KerbsideDining policy (Policy No. 2.7.10) that should be further consulted.(5) Leases, licences and/or covenantsCouncil may authorise footway activities, kerbside dining, or structuralencroachments (such as shop front awnings) within a public road subject toentering a lease, licence and/or covenant agreement with the RoadsAuthority.Such agreements will be done in accordance with such statutory requirementsas:‣ sections 125, 138 and/or 149 of the Roads Act 1993‣ section 68 of the Local Government Act 1993Council may adopt a Policy in regard to the workings of such agreements.(6) Public Liability and Professional IndemnityCouncil requires that all activities in, on, over or under public roads, or withinpublic places generally, require authorisation by obtaining all relevantconsents and approvals prior to commencement.The person or organisation conducting the activity may be required to holdcurrent public liability insurance, workers compensation insurance, and/orprofessional indemnity insurance, with copies of certificates of currency to beperiodically submitted to Council.(7) Periodic Inspection of StructuresAny private structures constructed in, on, over or under a public road must bemaintained to a safe standard at all times by the owner of the premises towhich it is connected.Council may require such structures to be covered by a lease or licence and itmay be a requirement for such to be periodically inspected and certified by asuitably qualified professional.Council may adopt a policy in regards to the leasing or licensing of suchpremises and for periodic inspections.I2.3 Design standards/controls(1) Structures constructed in, on, over or under a public road(a) Projections for protection from the sun or for decorationProjections designed or intended as protection from the sun, and projectionsof a decorative nature such as cornices, eaves, sills, mullions and architraves,Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.29

Richmond Valley Development Control Plan 2012may project beyond the alignment of a public road if the road reserve is notless than 12.2 metres wide and the projections:‣ extend not more than 450 mm beyond the road alignment,‣ are at least 2600 mm above the pathway level of the road over whichthey project (including any fittings, fixtures, advertisements or the like),‣ are no closer than 600 mm to any kerb and gutter, table drain orcarriageway located within the road reserve, and‣ are constructed of masonry, reinforced concrete or other approved fireresistingmaterial.(b) Sunblind canopies, sun louvres and the likeSunblind canopies, sun louvres and the like may project beyond the alignmentof a public road and the projections:‣ in their fully open position, extend not more than 450 mm beyond theroad alignment,‣ are at least 2600 mm above the pathway level of the road over whichthey project (including any fittings, fixtures, advertisements or the like),‣ do not extend any closer than 600 mm to any kerb and gutter, table drainor carriageway located within the road reserve, and‣ are constructed of approved non-combustible material throughout.(c) Footings under public roadsFootings may project beyond the road alignment to the extent of not morethan:‣ 450 mm—if the projecting parts are more than 1350 mm below pathwaylevel at the road alignment, and‣ 750 mm—if the projecting parts are more than 3000 mm below pathwaylevel at the road alignment,but in no case must the projections extend under the carriageway of the road.(d) Traps on sewerage service pipesTraps on sewerage service pipes must not be installed in a public road.(e) Pipes and servicesPipes and services must not project beyond the road alignment, except asprovided.Rainwater heads may project not more than 450 mm and rainwaterdownpipes may project not more than 150 mm above a height of 2700 mmabove the pathway level.In the case of an existing building, Council may consent to the projection ofessential service pipes.(f) FlagpolesFlagpoles may project beyond the road alignment if:‣ no part a pole, or a flag suspended from it, is not to be located within3600 mm of the pathway level of the road below the pole,‣ it does not project over the carriageway of the road, and‣ no interference with public services is caused.Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.30

Richmond Valley Development Control Plan 2012(g) Construction of projectionsProjections beyond the road alignment are to be constructed so that they maybe removed at any time after their erection without causing the building, ofwhich they are part, to be structurally unsafe, and without causing a reductionin the required fire-resistance rating of any structural member of the building.(h) Awnings or Verandahs over roadsCouncil may require that any or all awnings or verandahs proposed to beerected over a public road be of a cantilever type.(i) Cantilever awnings or verandahsThe width of a cantilever awning or verandah that extends beyond a roadalignment, from the alignment of the road to the outside edge of the fasciaplate is to be at least 600 mm less than the width of the footway over which itis to be erected. However, the decorative treatment on the fascia plate of anysuch awning may project for a distance not exceeding 77 mm.The maximum width of a cantilever awning that extends beyond the roadalignment must not exceed 3660 mm.No part of the awning or verandah (including any fittings, fixtures,advertisements or the like) shall be less than 2600 mm above the pathwaylevel of the road over which it projects.Refer to figure I2.1 for details of canterlever awnings and verandahs.< 3660 mm> 600 mmAwning or verandahFace of Kerb> 2600 mmBuildingRoad pavementFootpathRoad alignmentFigure I2.1 Typical development standards for canterlever awnings orverandahs over public roads.Note. Minimum clearance for awning above the footpath includessignage, fittings, lighting, etc.Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.31

Richmond Valley Development Control Plan 2012(j) Awnings or verandahs supported by postsThe width of an awning or verandah that extends beyond a road alignment,from the alignment of the road to the outside edge of the fascia plate, is to beat least 600 mm less than the width of the footway over which it is to beerected. However, the decorative treatment on the fascia plate of any suchawning may project for a distance not exceeding 77 mm.No part of the awning or verandah (including any fittings, fixtures,advertisements or the like) shall be less than 2600 mm above the pathwaylevel of the road over which it projects.The supporting posts of the awning or verandah must maintain a minimumclearance of 2500 metres from the road alignment and be setback at least1100 mm from the face of kerb.Refer to figure I2.2 for details of awnings and verandahs supported by posts.> 600 mmAwning or verandahFace of KerbAwning Support Post> 2500 mm> 2600 mmBuilding> 1100 mmRoad pavementFootpathRoad alignmentFigure I2.2 Typical development standards for awnings or verandahssupported by posts over public roads.Note. Minimum clearance for awning above the footpath includessignage, fittings, lighting, etc.(2) Footway activities, Kerbside dining, and other trading(a) Footway activities and kerbside tradingStreet trading, street stalls and other fundraising activities may only bepermitted within the “Trading Zone” as depicted within Figure I2.3.Exceptions to this requirement may be extended to kerbside dining or alfrescodining where:‣ the pedestrian zone may be reduced to 1.8 metres wide, and/orPart I – Other Considerations – Dev. In, On, Over or Under a Public Road I.32

Richmond Valley Development Control Plan 2012In the event a crash protection barrier is required by Council, certification froma suitably qualified professional shall be submitted demonstrating the barrierhas been designed and constructed so as to maximise safety of diners andvehicle occupants.(e) Furnishings to be temporaryAll street furniture associate with kerbside dining areas such as umbrellas,pots, tables and chairs, are to be temporary in design to enable removal uponinitiation of planned footpath widening or upgrades, or a lease is terminated.All structures/furniture shall be shown and approved within the developmentconsent plan.(f) Design/landscapingPrior to lodgement of a development application, discussions should be heldwith Council regarding the design and landscaping of the proposed kerbsidedining area.Any design or landscaping incorporated into the development should:‣ permit social interaction between pedestrians and dining patrons‣ provide positive contribution to the streetscape by:• permitting the visual continuity of the streetscape• not unreasonably obstructing the existing vista• where necessary encouraging the use of appropriate low barriersand bollards• associated plantings should not be used as a screening elementbut as a landscaping technique to soften the hard surface elementsof the streetscape• the design of the kerbside dining area shall maintain the visualintegrity of adjoining development• in certain circumstances the design of the kerbside dining are mayneed to address or incorporate elements for the visually impaired,disabled or elderly.(g) Development application requirementsAs is the case with any food and drink premises, a development applicationmust be submitted to Council for development consent. A developmentapplication is to contain:‣ a completed development application form accompanied by the relevantfee and per Council’s Revenue Policy.‣ Consent for the lodgement of the development application will berequired from the owner (usually Council), and the owner of the adjoiningpremises within which the principal business is operated.‣ site plans identifying the relevant areas in relationship to the applicant’spremises.‣ plans of the proposed kerbside dining area, whether it be for apermanent structure, or a moveable area including the location of allstructure, street furniture, bollards, barriers, walls, tables and the like.‣ a plan identifying any proposed landscaping.Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.34

Richmond Valley Development Control Plan 2012‣ consideration of the condition and grade of the footpath and whether anyimprovements to the footpath are required, and any potential loss of carparking as a result of the proposal.‣ for larger scale developments, artist impressions, sketches andelevations of the proposed dining area may be required.‣ an assessment regarding the impact that the dining area will have uponvehicular movements and pedestrian movements, particularly for thevisually impaired, disabled and elderly.‣ details of the premises seeking approval for kerbside dining such ashours of operation, service of alcohol etc.‣ where necessary, an assessment of the proposed development inaccordance with the principles of Crime Prevention ThroughEnvironmental Design (CPTED).‣ All plans supplied must be to scale, and clearly identify furniture andother structures, include dimensions for such things as the pedestrianzone, trading zone and kerbside zone, and identify the location of theprincipal premises.In granting development consent, Council may impose conditions requiring:‣ the dining facilities to be moveable in nature.‣ the facility may only be operated at certain specified times.‣ the consent is subject to having a current lease or licence arrangementwith Council.‣ whether the consumption of alcohol will be permitted in the kerbsidedining area.Part I – Other Considerations – Dev. In, On, Over or Under a Public Road I.35

Richmond Valley Development Control Plan 2012I3. Setbacks and Building HeightIncludes:• Front Building Line Setbacks• Side and Rear Boundary Setbacks• Foreshore Building Lines• Building Height PlaneThis Chapter contains development restrictions resulting from theestablishment of setbacks for development from road frontages, side and rearboundaries and foreshores. It also includes restrictions on building heightsresulting from the LEP Height of Buildings Map, and the establishment of aBuilding Height Plane (“BHP”).Setback restrictions are used:‣ to ensure that development is sympathetic with the character of thelocality,‣ to enable sufficient space for landscaping,‣ as a transition between development and the public domain,‣ for fire protection, and‣ to minimise land use conflict.Building height restrictions and the building height plane are used to:‣ restrict the scale of development, and‣ reduce the impact of development on adjoining properties fromovershadowing, loss of privacy, and bulk and scale.I3.1 ObjectivesThe objectives of this Chapter are to:‣ adopt consistent front building line setbacks throughout the LGA thatprovide for streetscape and neighbourhood amenity, while having regardto physical constraints as may occur.‣ adopt minimum side and rear boundary setbacks having regard toneighbourhood amenity, height, design and scale of proposeddevelopment, and the Building Code of Australia (“BCA”).‣ adopt a foreshore building line to setback development frontingwaterways so as to ensure that it will not impact on natural foreshoreprocesses or affect the significance and amenity of the area.‣ establish a building height plane to minimise the impact of developmentupon neighbouring sites from taller construction.Part I – Other Considerations – Setbacks and Building Height I.37

Richmond Valley Development Control Plan 2012I3.2 Design Principles—SetbacksA setback is the distance from a defined point within which development is notpermitted to be constructed. This DCP defines a number of setback typesthese being:‣ Front Building Line Setback (also known as the Building Line),‣ Side and Rear Boundary Setbacks, and‣ Foreshore Building Line Setback (also referred to as the ForeshoreBuilding Line).(1) Measuring SetbacksThe various types of setback are measured as follows:(a) Front Building Line SetbackFront Building Line Setbacks are measured from the road alignment.The distance of the setback is the lesser of the following:‣ the distance defined within Table I3.1, or‣ the distance defined by measuring to the forward most part of an existingbuilding on the land, including walls, decks, staircases, posts, columns,patios, coping, (but not eaves). (Note. For the purposes of definingsetbacks, the term building excludes structures such as fences, screens,retaining walls, letterboxes etc.)Properties having multiple road alignments (multiple road frontages) may beentitled to a reduction of the setback for one of its secondary frontages. Referto I3.3(1)(a) for details.Note. Road alignment means those boundaries of an allotment thatimmediately adjoin public road, whether that public road is formed orunformed.(b) Side and Rear Boundary SetbacksSide & rear boundary setbacks are measured from property boundaries thatadjoin other properties (that are not roads or waterways).The distance of the setback is defined within Table I3.2.Note. The Building Code of Australia should be consulted to determine ifthe Class of building requires special fire protection measures to betaken to achieve the minimum setbacks contained within Table I3.2.Note 2 . Side and rear boundary setbacks may need to increase toachieve minimum Asset Protection Zones (APZ) within bushfire proneareas, or to keep the development below the Building Height Plane.(c) Foreshore Building Line SetbacksForeshore Building Line Setback is measured from the shoreline of waterwayshaving either a:‣ W1 Natural Waterways, or‣ W2 Recreational Waterways,zoning on the Richmond Valley Local Environmental Plan 2012 – Land ZoneMap.Part I – Other Considerations – Setbacks and Building Height I.38

Richmond Valley Development Control Plan 2012I3.3 Development Standards(1) Front building line SetbacksTable I3.1 Minimum SetbacksZoneDevelopment TypesR1 General Residential All development ‣ 6 metres, andRU5 VillageResidential accommodationCommercial premises withincommercial precinct (beingRichmond Terrace, Coraki; andRiver Street, Woodburn)All Other Land UsesMinimum Front Building LineSetbacks‣ 7 metres for garages and sheds‣ 6 metres‣ 7 metres for garages and sheds‣ Zero‣ 6 metresRU1Primary Residential accommodationProduction,R5 Large LotResidential, andE3 EnvironmentalManagement All other development ‣ 20 metresB1 NeighbourhoodCentreB2 Local CentreB3 Commercial CoreAll development‣ 15 metres—where fronting a localroad‣ 20 metres—where fronting aClassified Road‣ 6 metresShop top housing ‣ Zero—where located aboveground floor commercialdevelopment, elseAll other development‣ 6 metres‣ ZeroShop top housing ‣ Zero—where located aboveground floor commercialdevelopment, elseAll other developmentIN1 General Industry All development ‣ 6 metres‣ 6 metresNote. Refer to Heritage ConservationArea considerations.‣ ZeroNote. Refer to Heritage ConservationArea considerations.Other Zones All development ‣ As per nearest adjoining zone.Note. For the purposes of this table external wall includes decks, staircases,posts, columns, patios, and coping, but excludes eaves.(a) Variations to Front Building Line SetbacksVariations to the Front building line Setbacks contained within Table I3.1 maybe granted for residential development where:‣ the property has more than one frontage to a public road,‣ where development on adjoining properties is located forward of thebuilding line, or‣ the variation consists of an Articulation Zone.Part I – Other Considerations – Setbacks and Building Height I.39

Richmond Valley Development Control Plan 2012(i) Dual Road FrontagesWhere residential development is proposed upon land having frontage to 2 ormore public roads (whether formed or unformed), a variation of up to 50%may be granted to the Front Building Line Setback on the secondary roadfrontage. Such a variation shall only be granted where:‣ the development is for residential development,‣ it can be demonstrated that the neighbourhood amenity will not beaffected by the variation,‣ the secondary frontage does not contain a vehicular access,‣ all existing and proposed structures on the property conform to theminimum building line setbacks contained within Table I3.1 for theprimary frontage (Note. a building line variation to more than onefrontage may be rejected),‣ the variation only applies to one secondary frontage, and‣ the frontage is not subject to identified road widening.Council will determine on merits whether a frontage is secondary and haveconsideration of things such as:‣ there being no vehicular access via that frontage,‣ orientation of development (existing or new) and whether it faces awayfrom that frontage, and‣ the length of the frontage relative to the property’s other frontages.(ii) Regard to immediately adjoining buildingsVariation to the front building line setback may be granted where developmenton an immediately adjoining property is forward of the identified setbackscontained within Table I3.1.Such a variation shall only be granted where:‣ the variation is to a primary frontage,‣ the existing front building lines on adjoining properties, being used tojustify this variation, are not facing towards secondary frontages,‣ the development is for residential purposes,‣ the adjoining properties have been developed for residentialdevelopment (not commercial or industrial).To establish the varied front building line setback a straight line shall be drawnfrom the closest, forward most building element on the adjoining properties,excluding any building elements considered to be an articulation zonevariation. This line shall be the new building line setback. See Figure I3.2.(iii) Articulation Zone VariationAn Articulation Zone is an area of development permitted to be constructedforward of the front building line defined in Table I3.1.The Articulation Zone aims to encourage architectural relief along the front ofresidential development by permitting part of the building to be erectedforward of the building line by up to 1.5 metres with a maximum area of 7 m 2 .Part I – Other Considerations – Setbacks and Building Height I.40

Richmond Valley Development Control Plan 2012Varied SetbackPrimary Road FrontageExistingResidentialBuildingSetback set by Table I3.1ExistingResidentialBuildingFigure I3.2 Defining a Front building line Setback Variation based uponadjoining development. (Line drawn between forward most elements onadjoining properties will become the new building line)Note. variation excludes consideration of that part of a structure erected withinan articulation zone.(b) Roads subject to Road WideningThe front building line setback to a road subject to road widening shall beincreased by 3 metres to that provided in this Chapter, to accommodate theproposed widening. Refer to Council Policy with regard to identified RoadWidening.(c) Commercial considerationsPedestrian areas should be accommodated into commercial developmentshaving a zero front building line setback.(d) Heritage Conservation Area considerationsFor development within the Casino CBD Heritage Conservation Area, a frontbuilding line setback of 10 metres shall apply to all development above theheight of the existing facade of the respective property.This setback is to provide for retention of existing facades whileaccommodating additional storeys that are outside the conservation area (10metres deep from the front boundaries along Barker and Walker Streets).By setting back such additions, and incorporating design considerations (referto Chapter I1.3(9)), there should be minimal impact on the streetscape of theconservation area.(e) Bush fire APZ considerationsLand within or adjoining a bushfire hazard may require larger setbacks thanthe minimums provided within this Chapter. Planning for Bushfire Protection(2006) should be consulted. The Asset Protection Zone should be containedwithin the boundaries of the land and therefore represents the minimumsetback, unless a larger setback is required by this Chapter or a developmentspecific chapter of this DCP.Alternative solutions involving reduced Asset Protection Zones may beconsidered on merit but will be subject to approval of the NSW Rural FireService.Part I – Other Considerations – Setbacks and Building Height I.41

Richmond Valley Development Control Plan 2012(2) Side and Rear SetbacksTable I3.2 Minimum Side and Rear SetbacksZone Development Types Minimum Side and Rear SetbacksR1 General Residential Dwellings houses‣ 900 mm to external wall, andDual occupancy‣ 675 mm to eave.Secondary dwellingsNote. Structures must remainbeneath the Building Height PlaneOther Residential accommodation ‣ 2.5 metres to side, andAll development >3 storeys‣ 3 metres to rear,for external walls.Note. Structures must remainbeneath the Building Height Plane‣ 6 metresRU5 VillageOther developmentDwellings housesDual occupancySecondary dwellingsOther Residential accommodationCommercial premises‣ Consider on merits, or‣ As required in a specific Chapter ofthis DCP.‣ 900 mm to external wall, and‣ 675 mm to eave.Note. Structure must remain beneaththe Building Height Plane‣ 2.5 metres to side, and‣ 3 metres to rear,for external walls.Note. Structures must remainbeneath the Building Height Plane‣ ZeroRU1ProductionPrimaryE3 EnvironmentalManagementR5 Large LotResidentialOther developmentAll developmentAll developmentAll development‣ 900 mm to external wall, or‣ Consider on merits, or‣ As required in a specific Chapter ofthis DCPNote. Structure must remain beneaththe Building Height Plane‣ 10 metresNote. Setback may need to begreater to accommodate a BushfireAsset Protection Zone within theboundaries of the property‣ As per RU1‣ 10 metresNote. Setback may need to begreater to accommodate a BushfireAsset Protection Zone within theboundaries of the propertyPart I – Other Considerations – Setbacks and Building Height I.42

Richmond Valley Development Control Plan 2012B1CentreZone Development Types Minimum Side and Rear SetbacksNeighbourhood Commercial Premises‣ ZeroAll other developmentB2 Local Centre All development ‣ ZeroB3 Commercial Core Commercial Premises 3 storeysAll other development 3 storeysIN1 General Industry All development ‣ Zero‣ 900 mm to external wall, or‣ 675 mm to eave.Note. Structure must remain beneaththe Building Height Plane‣ Zero—for that part of developmentbelow 4 storeys‣ 6 metres setback—for any part ofthe development above 3 storeys‣ Zero—for that part of developmentbelow 3 storeys and within 20metres of road alignment.‣ Structure to remain beneath theBuilding Height Plane for that partof the development above 2storeys.‣ 6 metres setbackOther Zones All development ‣ Consider on meritNote. For the purposes of this table external wall includes decks, staircases,posts, columns, patios, coping, but excludes eaves.(a) Outbuildings may encroach into side and rear boundary setbacksAncillary structures, such as an outbuilding (sheds, carports, lawn lockers),retaining walls, etc., may be granted consent within the prescribed side or rearsetbacks, but consideration should be given to:‣ whether the structure will encroach beyond the Building Height Plane—and the potential impacts of overshadowing, loss of privacy, loss ofamenity that this may cause to adjoining properties,‣ whether similar structures exist on the immediately adjoining property,‣ the need for access to services or maintenance of the structure,‣ the cumulative impact of this encroachment having regard to anyprevious encroachments,‣ impacts upon the amenity of the locality,‣ the location of easements and services, and‣ compliance with BCA.(b) Bush fire APZ considerationsLand within or adjoining a bushfire hazard may require larger setbacks thanthe minimums provided within this Chapter. Planning for Bushfire Protection(2006) should be consulted. The Asset Protection Zone should be containedwithin the boundaries of the land and therefore represent the minimumsetback, unless a larger setback is required by this Chapter or a developmentspecific Chapter of this DCP.Part I – Other Considerations – Setbacks and Building Height I.43

Richmond Valley Development Control Plan 2012Alternative solutions involving reduced Asset Protection Zones may beconsidered on merit but will be subject to approval of the NSW Rural FireService.(3) Foreshore Building Line SetbacksThe Foreshore Building Line Setback shall apply to all land fronting rivers,creeks, streams, waterways, or estuaries having a:‣ W1 Natural Waterways, or‣ W2 Recreational Waterways,zoning under the Richmond Valley Local Environmental Plan 2012 – LandZone Map.The minimum foreshore setback for development shall be:R1RU5INAll other zonesZoneGeneral ResidentialVillageGeneral IndustryMinimum Foreshore BuildingLine Setback‣ 15 metres‣ 40 metresThe setback shall be measured from:‣ the mean high water mark—where the waterway is tidal, or‣ the shoreline—where the waterway is non-tidal.Note. For the purposes of this Chapter, where there is difficulty defining theshoreline it will be taken as the bottom of the waterway’s embankment.(a) Exceptions to the Foreshore Building LineExceptions to the Foreshore Building Line may be granted for that part of adevelopment involving structures such as boat sheds, boat ramps, moorings,jetties or the like, but only where it can be demonstrated that:‣ the development will have minimal significance to the stability of thebank,‣ the development will involve minimal clearing of riparian vegetation,‣ the development will not impact upon the amenity of the foreshore area,‣ the development can be safely located within a high velocity floodway (ifapplicable), and‣ it is essential for the development to be located close to the foreshore.Note. Regard must also be had to the heads of consideration contained withinClause 6.8 - Riparian Land and Watercourses.(b) Controlled Activities within 40 metres of Waterfront LandSection 91(2) of the Water Management Act 2000 requires approval toundertake controlled activities, being the:‣ erection of a building or the carrying out of a work,Part I – Other Considerations – Setbacks and Building Height I.44

Richmond Valley Development Control Plan 2012‣ removal of material or vegetation from land,‣ deposition of material on land, or‣ carrying out of any other activity that effects the quantity or flow of waterin a water source,within waterfront land.Waterfront land is defined in that Act as that land between the bed of anyriver, lake, estuary, and a line drawn parallel to, and 40 metres from, thehighest bank, the shore, or mean high water mark, respectively.A development application requiring a controlled activity approval is integrateddevelopment pursuant to section 91 of the EP&A Act.(4) Building Line VariationsSetbacks may be varied by application submitted with a developmentapplication (additional variations are provided at Chapter I3.2(1)(b)).Variation may only be granted to a building line setback designated withinTables I3.1 and I3.2. Consideration will be given to the following whenassessing such an application:‣ Likely affect on adjoining owners, including impact on views to and fromthe land, overshadowing, privacy, noise, drainage, and the like.‣ Compatibility with existing streetscape.‣ How the objectives of this Chapter may be satisfied by allowing thevariation.Such variations will be subject to the concurrence of the Director of Council’sEnvironmental Development Services.I3.4 Development Standards—BuildingHeight PlaneA Building Height Plane shall apply to side & rear setbacks, where nominatedin Table I3.2.The building height plane is an imaginary ceiling projected above adevelopment site under which all construction must be located.The plane is defined by projecting a surface upward over the subject land, atan angle of 45 degrees commencing at a point 2 metres above the naturalground level at the side & rear boundaries. Refer to figure I3.3.For the purposes of defining the Building Height Plan, secondary frontageswill be considered as a side or rear boundary.Part I – Other Considerations – Setbacks and Building Height I.45

Richmond Valley Development Control Plan 2012Building Height Plane45 oa2 metresSide boundariesFront or Rear ElevationBuilding Height PlaneFront boundaryBuilding Line Setbacka45 o2 metresSide or rearboundarySide ElevationFigure I3.3 Building Height Plane(Note. “a” represents the maximum height determined by either the LEPHeight of Buildings Map, or the point of convergence of building heightplans, whichever is the lesser.)(1) Development > 3 storeysThe Building Height Plane shall only apply to development up to and including3 storeys. That part of development above 3 storeys shall be setback aminimum of 6 metres from the side and rear boundaries. This standard maybe varied for specific development types elsewhere in this DCP.Part I – Other Considerations – Setbacks and Building Height I.46

Richmond Valley Development Control Plan 2012I4. Car Parking Provision – All ZonesCar parking is required to be provided for the developments onsite as toalleviate traffic and all associated impacts upon surrounding neighbouringuses. The requirement to provide the equivalent car parking as appropriate tothe use proposed helps protect the street and amenity from unnecessarycongestion. The number of car-parking spaces required on property isdependent upon the development type and density, and may even bedependent on the number of bedrooms proposed within flat development.Access to all elements of the development must be provided in accordancewith the appropriate standards (AS2890) and guidelines set within this Plan.All vehicle manoeuvring parking and loading areas are required to be providedadequate vehicle turning circles and adequate car-parking of functionaldimension (Australian Standards Apply).I4.1 Objectives – Car ParkingThe objectives of this Chapter are to:‣ provide car parking spaces appropriate to the development entirelywithin the allotment on which the development is proposed to alleviateoff-site impacts resulting from traffic generated by that development.‣ provide suitable and satisfactory access for all individuals utilising thedevelopment with the aide of motor vehicles.‣ provide for alternative arrangements where adequate car parkingprovision cannot be achieved within the allotment on which thedevelopment is proposed, such that there is opportunity for theproponent to put forward a planning proposal within the appropriateparameters set by the State Planning Authority.I4.2 Design standards – Car Parking(1) Where Additional Car Parking Provision may be RequiredCar Parking requirements as stipulated within this section of the DCP, andwithin the section relevant to the development type being proposed generallyapply in the following circumstances:‣ Extension of an existing building or use,‣ Erection of a new building or other development type,‣ Change of use of an existing building where development consent orother approval is required.(2) Information accompanying vehicle parking and manoeuvring plans‣ Show clearly where access to the property is proposed detailingadequate manoeuvring area(s) to ensure visiting vehicles enter and exitthe property in a forward motion. Car parking shall be required to bePart I – Other Considerations – Car Parking I.47

Richmond Valley Development Control Plan 2012provided wholly within setbacks for the property appropriate to thezoning and land use type.‣ Entrance/exit-way(s) to the local road network must be constructed toCouncil specification and provide suitable line-of-sight distance forexiting vehicles. In all instances, Council reserves the right to determinewhether the placement and access is suitable and safe. All worksrequired to be undertaken must be funded by the owner of the propertyor proponent of the development, including any works proposed on theroad reserve verge.‣ The Statement of Environmental Effects (SEE) accompanying theapplication is required to designate hours of operation for thedevelopment as well as any operational detail which may constitute anoperational or Management Plan in order for Council to accuratelydetermine whether all proposed vehicle provisions are adequate.(3) Matrix of Development Type and Car Parking RequirementsLand UseParking Rate*Residential DevelopmentDwelling House 1 per dwelling (under 150 m 2 )2 per dwelling (over 150 m 2 )Dual OccupancyResidential Flats andShop Top HousingUnits over 3 StoreysGroup Home (permanent)Group Home (transitional)Seniors HousingResidential Care FacilitiesCommercial DevelopmentCommercial premisesOfficesShops / Retail PremisesBulky Goods Premise1 per dwelling and 1 visitor space (3 for strata)2 each per dwelling, 1 may be ‘stacked’ (Torrens)1 per unit plus 1 for every three units1.5 per 3 bedroom unit plus I every 3 units1 per unit plus 1 for every three units1 per 10 beds plus 1 per two employees1 per 5 beds plus 1 per 2 employees1 per 3 units and beds plus 1 per employee1 per 10 beds plus one per employee- ambulance bay required1 per 40 m 2 plus one per 3 employees1 per 40 m 2 plus one per employee1 per 100 m 2 plus 1 per 3 employeesCellar Door Premise 1 per 5 m 2 licensed floor area plus 1 per 2employeesPubs/Hotel Premises 1 per 5 m 2 licensed floor area plus 1 per 2employeesRestaurants or CafesTake Away Food/DrinkPremise1 per 10 m 2 dining area plus 1 per 2 employees,or1 for every 4 seats, whichever is greaterPart I – Other Considerations – Car Parking I.48

Richmond Valley Development Control Plan 2012Land UseGarden CentresLandscaping Material SuppliesMarketsPlant NurseriesRoadside Stalls Minimum 3Rural SuppliesTimber YardsVehicle Sales or HirePremisesAdditional Uses/CommercialPremisesParking Rate*1 per 200 m 2 out/in-side and 1 per employee1 per 200 m 2 out/in-side and 1 per employee1 per 50 m 2 and 1 per employee1 per 100 m 2 out/in-side and 1 per employee1 per 100 m 2 out/in-side and 1 per employee1 per 100 m 2 out/in-side and 1 per employee1 per 100 m 2 , 1 per employee, 4 per hoist- extraneous uses determined on merit– any combination to be assessed as perindividual use floor areaAmusement Centres - to be determined on merit, generally 1 per 10 m 2Entertainment Facilities - to be determined on merit, generally 1 per 10 m 2Function Centres - to be determined on merit, generally 1 per 10 m 2Highway Service Centres 2 per fuel pump, 1 per employee plus 1 per 50 m 2Industrial Retail OutletsMedical PracticesPlaces of AssemblyRegistered ClubsRestricted Premises- to be determined on merit3 per Practitioner (or surgery)1 per 10 m 2 , or otherwise considered on merit ifpremises are utilised for various uses- to be determined on merit1 per 40 m 2 plus one per employeeService Stations 2 per fuel pump, 1 per employee plus 1 per 50 m 2Sex Service Premises2 per room, 1 per employee – meritsconsiderationVeterinary Hospitals - to be determined on merit -1 per 40 m 2Wholesales SuppliesIndustrial Development- to be determined on meritGeneral (Light) Industry 1 space per 70 m 2 and 1 space per 3employeesBulk Store 1 space per 90 m 2 and 1 space per 3employeesWaste Management FacilityLandscape SuppliesStorage ShedsDepot/Transport / Truck1 space per 200 m 2 total use area - unloading1 per 200 m 2 and 1 space per employeeAdequate manoeuvring areas (trailer andvehicles) and one space per 200 m 21 per employee plus merit considerationPart I – Other Considerations – Car Parking I.49

Richmond Valley Development Control Plan 2012Land UseParking Rate*Educational Establishment 1 per employee plus one per (potential for) 5studentsNote. *The Car-Parking Requirements are to be considered as comparativeuses if described differently within the LEP or other Planning Instrument. Inall instances a merit consideration may override the rate listed based uponexception circumstance and thorough justification.Part I – Other Considerations – Car Parking I.50

Richmond Valley Development Control Plan 2012I5. Landscaping GuidelinesThese guidelines are included within the DCP to assist proponents inproviding landscaping where required as part of the development proposed. Itis recommended that larger developments engage the services of aprofessional landscape designer/architect as part of the overall designconsideration of the development as a whole.Landscaping allows for the built environment to blend more successfully withthe natural environment and contributes to streetscape amenity for all toenjoy. Streets devoid of vegetation provide no shade and fail to soften harshand contrasting solid construction elements found within streetscapes. Thelandscaping requirement for new residential development helps to ensureimportant elements and liveability are incorporated to preserve existingstreetscapes. Landscaping promotes more vibrant and liveable streetscapesas well as improving water quality and providing cooling shade.I5.1 Landscaping ObjectivesLandscaping serves to provide a number of important development objectiveswithin Richmond Valley. Good landscaping provided in conjunction with newdevelopment;‣ Facilitates the integration of proposed development into the surroundingstreetscape or rural environ;‣ Presents a new development favourably and introduces the proposalinto a neighbourhood in a manner which will promote acceptance;‣ Contributes to native flora and supporting fauna (both urban and rural) inthe environ in which the development is proposed and furthersEnvironmentally Sustainable Development principles;‣ Integrates an important component of inter-allotment design by providingessential infiltration areas, as necessary for achieving Water SensitiveUrban Design (WSUD) principles;‣ Embellishes a new development aesthetically and softens the impactvisually of individual components, and the overall design as a whole; and‣ Provides essential leisure and recreational opportunities as part of thedevelopment, promoting health and wellbeing of residents andemployees.I5.2 Landscaping Principles(1) The Landscaped Open Space Component of the DevelopmentThe component of the development which is to be dedicated to LandscapedOpen Space is relative to the development type, and is usually directly relatedto the Footprint size of the development on the allotment. ResidentialDevelopment generally requires 30-35% of the actual footprint area size to beprovided and maintained as Landscaped Open Space. This component will berequired to be maintained throughout the life of the development and shall bePart I – Other Considerations – Landscaping I.51

Richmond Valley Development Control Plan 2012conditioned to be retained as undevelopable area. It is important to offset thebuilt footprint areas (particularly roofed and hardstand areas) by vegetatedlandscaping which will provide infiltration areas to manage stormwater.Where landscaping can be provided alongside Industrial and CommercialDevelopment, the vegetated areas serve to aesthetically improve the overalldevelopment design by offsetting the bulk and footprint of the development.Generally the minimum landscaping requirement is shown for developmenttype within the table below;(2) Components of Landscaping – The Landscaping Plan requirementLandscaping shall involve the provision of varying vegetation types andcomponents as to present as aesthetically gratifying and to operate effectivelyas visual barriers and infiltration areas.ZoneResidentialDevelopmentLandscaping Requirement(i) R1 and RU5 – General ResidentialA minimum of 3 (three) native shrubs or trees (preferablyendemic to the area) with minimum mature height of 3metres shall be included in the front setback of the dwellinghouse lot, combined with 6 (six) native grasses or sedges persetback up to 70 metres square. Each additional 20 m2 shallprovide 1 (one) additional native tree, shrub or sedge. Agarden bed area of minimum 8 metre square shall beconstructed and bordered using stone, timber, or colouredtextured cement providing a raised garden bed toaccommodation vegetation and shall be mulched to aminimum 35mm depth. Suitable grass shall be establishedwithin the front setback and within any rear private openspace area.(ii) R5 – Large Lot Residential, E3 and RU1 – RuralWhere the frontage to any road is less than 50 metres, aminimum of 3 (three) native shrubs or trees per 120 m 2combined with 6 (six) native grasses or sedges (preferablyendemic to the area), included in the setback of the propertyup to 80 metres square. Each additional 30 m 2 shall provide 1(one) additional native tree, shrub or sedge. A 15 metresquare area for garden bed purposes (as described above),shall be provided within the curtilage of each dwelling houseand a minimum grassed area of 4x6 m 2 provided for openspace purposes. The bordering of the grassed area shall bestone, timber or coloured textured cement.Part I – Other Considerations – Landscaping I.52

Richmond Valley Development Control Plan 2012(3) Avoiding unsafe or burdensome Vegetation in LandscapingThe following developments should avoid inappropriate vegetation types tocircumvent hazard to infrastructure, property and life;‣ Dry vegetation types should be avoided particularly within BushfireProne areas where wet sclerophyll species should be utilised (speciesmore likely to be found in rainforest and other moister areas) with lowignition and even fire suppressing properties. The inclusion of wetspecies may pose some added burden concerning ongoingmaintenance, however the added protection and shade will beappreciated by residents in the long term. Incorporation of such speciesshould include water retaining measures to ensure the landscaped areadoes not excessively dry out. Stormwater overflow must be directed tostormwater infrastructure (in most urban areas) however initial flowsshould be directed onto areas of landscaping.‣ Excessively large and difficult to manage vegetation poses risk tolife as well as ongoing maintenance issues. Excessively fast growingand large species require regular maintenance to avoid creating dangersfrom concealment of dangers or storm/falling limb damage.(4) Provision of vegetation with flora and/or fauna value to furtherEnvironmentally Sustainable DevelopmentThe most significant environmental impact resulting from nearly alldevelopment in both urban and rural areas is the resultant reduction of floraand habitat important for sustaining fauna. In the process of accommodatinglandscaping for visual amenity purposes, it is also desirable to advanceenvironmental and in particular ecological outcome as part of the process.In particular, wherever possible, existing vegetation should be retained on thesite to be developed and he landscaping plan incorporated to augment thenatural landscaping already provided.I5.3 Landscaping Design Considerations(1) Incorporate Native Flora which is regionally or even locally endemic‣ Completely avoid any species which is considered a noxious orenvironmental weed.‣ Incorporate as many locally endemic species as possible.‣ Utilise species which have been included within the suggested specieslist at the end of this chapter.(2) Hazards and Safety‣ In fire prone areas utilise only species which are considered fireretardant and generate little dry debris.‣ Do not use excessively large species within close proximity to thedevelopment where there is a risk of storm or falling limb damage.‣ Species which have potential to cause damage to infrastructureshould not be planted where they are likely to negatively impact.Although the following tree species are predominantly exotic and unlikelyPart I – Other Considerations – Landscaping I.53

Richmond Valley Development Control Plan 2012to be preferred species for landscaping and garden purposes, careshould be taken to avoid propagating these species within the vicinity ofsewer/water pipes, or other susceptible materials such as paving,OSMS, subterranean wiring, etc.Table I5.3 Species list which pose a high danger of root intrusionBotanical Name Common Name Risk of RootIntrusionCinnamomum camphora Camphor Laurel ExtremeFicus species Fig Trees & Rubber Plants ExtremePopulus species Poplars ExtremeSalix species Willows ExtremeErythrina species Coral Trees Very HighEucalyptus species Large Gum Trees Very HighJacaranda mimosifolia Jacarandas Very HighLiquidambar styraciflua Liquidambas Very HighAraucaria species Norfolk Is. & Bunya Pines Very HighBrachychiton acerifolium Illawarra Flame Tree Very HighCasuarina species Casuarinas Very HighMelia azedarach Australian White Cedar Very HighPinus species Pine Trees Very HighPlatanus acerifolia Plane Tree Very HighSchinus molle Pepper Tree Very HighUlmus species Elms Very HighBouganvillea species Bouganvilleas HighCortaderia selloana Pampas Grass HighGrevillea robusta Silky Oak HighIlex species Hollies HighLagunaria patersonii Norfolk Island Hibiscus HighLigustrum species Privets HighMagnolia species Magnolias HighNerium oleander Oleanders HighPhoenix canariensis Canary Island Date Palm HighPhyllostachus species Bamboos HighToxicodendron species Rhus Trees HighLophostemon confetus Brush Box, Tristania HighWisteria species Wisteria High(3) Crime Prevention Through Environmental Design principles –Landscaping – see Chapter I10 for detail concerning CPTED provisions‣ Avoid landscaping which obscures natural surveillance.As with 'blind corners' or general concealed areas, the large size ofcertain vegetation obstructs visibility and makes people feel uneasy andunsafe. Perceiving that something may be 'behind those bushes' candiscourage genuine use of a space.‣ Avoid medium height vegetation with concentrated top to bottom foliage.Plants such as low hedges and shrubs (1 to 1.2m high), creepers,Part I – Other Considerations – Landscaping I.54

Richmond Valley Development Control Plan 2012ground covers or high canopied vegetation are good for naturalsurveillance.‣ Trees with dense low growth foliage should be spaced or have the crownraised to avoid a continuous barrier.‣ Use low ground cover or high canopied trees, clean trunked to a heightof 2m around children's play areas, car parks and along pedestrianpathways‣ Avoid vegetation that conceals the building entrance from the street.(a) Additional Application of CPTED Principles relating to ResidentialDevelopment designLandscaping can be an effective way of controlling/directing movementin an area. Depending on the intention, it can either restrict or encouragepeople to access a particular area.‣ Vegetation can be used as barriers to deter unauthorised access Avoidlarge trees/shrubs and buildings works that could enable an intruder togain access to the dwelling or to neighbouring dwellings. Prickly plantscan be used as effective barriers. Species include bougainvilleas, roses,succulents, and berberis species.‣ Large trees, carports, skillion extensions, fences, and downpipes insituations can provide a means of access into yards or up to secondstorey windows or balconies.(5) Infiltration and Evaporation ConsiderationsAreas of Landscaping should be provided in such a way as to direct internaloverland stormwaters to landscaping areas for infiltration.‣ Urban Areas - Initial stormwater should be directed toward and ontolandscaping areas, however once saturation is reached the on-flow mustbe directed toward stormwater infrastructure in urban areas where thisinfrastructure is provided. High regard should be incorporated within thedesign for Water Sensitive Urban Design (WSUD) and Chapter I9 shouldbe consulted for detail concerning WSUD principles.‣ Rural Areas – Landscaping should carefully be selected within proximityto On-site Sewage Management Systems as shadowing and rootinfiltration may dramatically affect the efficiency with which thesesystems safely treat effluent. Plantings of only extremely shallow rootingplants and grasses may only be considered on evaporative trenches andnear other essential components of OSSMS. The landscape designermust be aware of where all components of the OSSMS system arelocated and design the landscaping appropriately.• In some cases, (secondary or tertiary) treated effluent may beapplied to correctly designed and located landscaping,• Stormwater overflow from roof catchment systems should bedirected onto landscaped areas designed for infiltration andreduction of erosive scouring (with the inclusion of a retentioncomponent where appropriate).Part I – Other Considerations – Landscaping I.55

Richmond Valley Development Control Plan 2012Groundcovers (Scramblers, climbers – rockeries)Botanical NameCommon NameActinotusS helianthiSydney Flannel FlowerAlocasia brisbanensisCunjevoiAlpinia coeruleaNative GingerAustromyrtus dulcisMidgenberryBrachyscome multifidaNative DaisyCarpobrotus glaucescensPigfaceCorrea albaWhite CorreaDendrobium sp.OrchidsDianella caeruleaBlue Flax LilyDianella revolutaBlack Anther Flax LilyEriostemon myoporoidesWax FlowerHelichrysum rupicolaPaper daisyHibbertia scandensTwining Guinea FlowerLobelia trigonocaulisForest LobeliaLomandra hystrixSmall Mat RushLomandra longifoliaLongleaf Mat RushViola hederaceaNative VioletAcacia prostrate speciesWattlesAnigozanthos speciesKangaroo PawBanksia speciesBanksiaBlandfordia spChristmas BellsBoronia floribundaPale Pink BoroniaBoronia serrulataNative RoseCallistemon prostrate species Bottle-brushCarex speciesNative sedgeCrinum peduculatumSwamp LilyCurcuma australasicaCape York LilyDampiera diversifoliaDampieraEremophila prostrate species Emu BushGoodenia variaGoodeniaGrevillea speciesGrevilleaMelaleuca pulchellaClaw Honey Myrtle FlowerMyoporum parvifoliumCreeping BoobiallaOplismenus aemulusBasket GrassOrthosiphon aristatusCats WhiskersPatersonia sericeaNative IrisPersoonia speciesGeebungPimelea glaucaRice FlowerPollia crispataPolliaPratia pedunculataPratiaPseuderanthemum variabilePastel FlowerRulingia hermanniifoliaRulingiaScaevola humilisFan FlowerTripladenia cunninghamiiKreysigiaXerochrysum bracteataPaper Daisy, EverlastingPart I – Other Considerations – Landscaping I.56

Richmond Valley Development Control Plan 2012Native Shrubs – Plants growing to a maximum height of 2-3 metresBotanical NameCommon NameAcacia longifoliaSydney Golden WattleBaeckea linifoliaSwamp BaeckeaBanksia ericifoliaHeath Leafed BanksiaBanksia roburSwamp BanksiaBauera rubioidesRiver Dog RoseBoronia speciesBoroniaCallicarpa pedunculataVelvet LeafCallistemon 'Little John'CallistemonCoprosma hirtellaLooking Glass PlantDarwinia citriodoraLemon-scented DarwiniaDillwynia retortaEgg and BaconDodonaea triquetraHopbushDoryanthes palmeriSpear LilyEremophila speciesEmu BushEriostemon australasiusPink Wax FlowerEupomatia laurinaNative Bolwarra or GuavaGompholobium virgatumYellow Wedge PeaGraptophyllum excelsumScarlet FuchsiaGrevillea speciesGrevilleaHakea speciesHakeaHibiscus heterophyllusNative RosellaHibiscus splendensNative HibiscusIsopogon anemonifoliusDrumstickKunzea capitataPink KunzeaLeptospermum petersoniiLemon-scented Tea TreeLeptospermum speciesTea TreesMelastoma affineBlue TongueOxylobium robustumGolden Shaggy PeaOzothamnus diosmifoliusRice, Sago or Pill FlowerPittosporum revolutumHairy PittosporumRicinocarpos pinifoliusWedding BushThryptomene payneiThryptomeneWestringea fruticosaCoastal RosemaryBaeckea speciesBaeckeaBoronia speciesBoroniaCallisternon speciesBottlebrushesGrevillea speciesGrevilleaHakea speciesHakeaHovea speciesHoveaIsopogon anemonifoliusDrumstickKunzea ambiquaTick BushLeptospermum 'Pink Cascade'Tea-treeLeptospermum 'Pacific Beauty'Tea-treeLeptospermum speciesTea treesLeucopogon speciesBearded HeathMelaleuca speciesPaper BarkPart I – Other Considerations – Landscaping I.57

Richmond Valley Development Control Plan 2012Botanical NameProstanthera speciesPultanea speciesRhododendron lochiaeSyzyqium australe cultivarsSyzygium speciesXanthorrhoea speciesZieria speciesCommon NameMint BushesBacon and EggsAustralian RhododendronDwarf Lilly PillyLill PilliesGrass TreesSmall trees – trees suitable for the average size urban blockBotanical NameCommon NameAcacia elataCedar WattleAcmena smithiiLilly PillyAcronychia imperforataCoastal AppleAlectryon conaceusBeach AlectryonAllocasuarina littoralisBlack She OakArchirhodomyrtus beckleriRose MyrtleAustromyrtus bidwilliiPython TreeBackhousia citriodoraLemon Scented IronwoodBanksia serrataOld Man BanksiaBrachychiton acerifolius(Illawarra) Flame TreeBrachychiton discolorLace Bark TreeCallicoma serratifoliaCallicomaCallistemon salignusWeeping Bottle brushCassine australisRed Olive PlumCryptocarya laevigataGlossy LaurelCupaniopsis anacardioidesCoastal TuckerooElaeocarpus reticulatusBlueberry AshEuodia elleryanaPink EuodiaEuodia micrococcaWhite EuodiaFicus frasenSandpaper FigGlochidion sumatranumUmbrella Cheese TreeHakea salicifoliaWillow HakeaHarpullia pendulaTulipwoodHymenosporurn flavumNative FrangipaniLophostemon confertusBrush BoxMacaranga tanariusMacarangaMelaleuca leucadendraMelaleuca quinquenerviaBroad-leaved PaperbarkPandanus tectoriusPandanus, Screw PinePersoonia speciesGeebungPhebalium squameumSatinwood, Silver LeafPittosporum rhombifoliumHollywood/Coastal DaphnePolyscias elegansCelerywoodRandia benthamianaNative GardeniaRhadamnia rubescensScrub TurpentineSarcopteryx stipataSteelwoodStenocarpus sinuatusFire-wheel treePart I – Other Considerations – Landscaping I.58

Richmond Valley Development Control Plan 2012Botanical NameSterculia quadrifidaSynoum glandulosumSyzygium australeSyzygium olesumSyzygium paniculatumTristaniopsis laurinaTrochocarpa laurinaWaterhousea floribundaAgonis flexuosaAlloxylon flammeumBanksia speciesBuckinghamia celsissimaCeratopetalum qummiferumDodonea speciesEyodiella muelleriEucalyptus speciesLeptospermum speciesMelastoma affineWaterhousea unipunctataXenthostemon spPalms, Ferns, Cycads and Palm LilliesBotanical NameArchontophoenix cunningAdiantum aethiopiciumAdiantum formosumAsplenium australasicumBlechnum indicumCordyline rubraCordyline strictaCyathea cooperiCyathea australisDoodia asperaLepidozamia peroffskyanaLinospadix monostachyaPlatycerium sp.Todea barbaraWodyetia bifurcataCommon NamePeanut TreeScentless RosewoodBrush CherryBlue Lilly PillyMagenta Lilly PillyWater GumTree HeathWeeping Lilly PillyWillow PeppermintQueensland Tree WaratahBanksiasIvory Curl Flower TreeNSW Christmas BushHop bushesLittle EvodiaDwarf grafted EucalyptusTea TreesNative LasiandraRoly Poly Satin AshGolden Penda (Hybrids)Common NameBangalow PalmCommon Maidenhair FernGiant Maidenhair FernBirds Nest FernSwamp Water FernPalm Lily - CordylinePalm Lily - CordylineStraw Tree FernRough Tree FernRasp FernShining Burrawang (Cycad)Walking Stick PalmElkhorn/StaghornKing FernFoxtail PalmPart I – Other Considerations – Landscaping I.59

Richmond Valley Development Control Plan 2012I6. Animal Establishments - Boardingand Training EstablishmentsAnimal Boarding or Training Establishments are permissible in areasdesignated by the following zones:‣ RU1 Primary Production‣ R5 Large Lot Residential (Rural Residential style allotments)‣ E3 Environmental ManagementThese establishments require consent when carried out for commercialpurposes.The keeping of animals, for non-commercial purposes, above numbersprescribed within clause I6.2(a) in this Chapter is development for whichconsent will be required. This is due to a high likelihood that there may beunacceptable impacts resulting from the development in relation to noise,odour, waste, or any other impact or emission.The DCP provides a set of controls which restrict the intensity of thedevelopment so as they do not interfere with the amenity of the area in whichthey are conducted or annoy neighbouring properties in general.I6.1 Objectives – Animal EstablishmentsThe objectives of this Chapter are to:‣ provide guidelines for what will be required within an application for thekeeping of animals on a commercial basis, as well as for the keeping ofanimals on a non-commercial basis where intensities exceed thosespecified,‣ provide controls to protect urban and rural amenity,‣ encourage smaller scale agricultural pursuits which are moremanageable for the rural landowner and more likely to be profitable andrewarding due to reduced production overheads, and‣ provide adequate design considerations to avoid unacceptable adverseimpact upon amenity of the surrounding locality (Noise, traffic etc) andany endangerment to local road users.Part I – Other Considerations – Animal Est. – Boarding and Training Est. I.61

Richmond Valley Development Control Plan 2012I6.2 Animal Establishments - Boarding andTraining (Non-Commercial)(1) Non-commercial Keeping of Animals requiring Development ConsentThe following Table contains standards that will be used to determine whenthe keeping of animals for non-commercial purposes requires developmentconsent.ZoneR1 – General ResidentialRU5 - VillageNumber of Animals KeptThe maximum number of animals (excluding offspring to 3months of age) that may be kept on a property and anyspecific requirements are:(a) for dogs—5;(b) for cats—5;(c) for fowl and poultry—10, and must not include arooster;(d) for bees—1 hive, and the Beekeeper must beregistered;(e) for sheep, goats, pigs or horses—1; and(f) for all other animals—a maximum numberappropriate to the location, breed and temperamentof the animals so as not to interfere with the amenityof the area;No more than 2 types of animals being kept at themaximum number set per property.R5 – Large Lot Residential The maximum number of animals (excluding offspring to 3months of age) that may be kept on a property and anyspecific requirements are:(a) for dogs—5;(b) for cats—5;(c) for fowl and poultry—20;(d) for bees—2 hives, and the Beekeeper must beregistered; and(e) for all other animals—a maximum numberappropriate to the location, breed and temperamentof the animals so as not to interfere with the amenityof the area;No more than 2 types of animals being kept at themaximum number set per property.RU1 Primary Production The maximum number of animals (excluding offspring to 3months of age, and working dogs as per CompanionAnimals Act 1998) that may be kept on a property and anyspecific requirements are:(a) for dogs—5;(b) for cats—5; and(c) for all other animals—a maximum numberappropriate to the location, breed and temperamentof the animals so as not to interfere with the amenityof the area;No more than 2 types of animals being kept at themaximum number set per property.Note. The keeping of other types of animals or the erection of their shelters may beprovided for under State Environmental Planning Policy (Exempt and ComplyingDevelopment Codes) 2008. Examples ‘Animal shelters’, ‘Aviaries’, and ‘Fowl andpoultry houses’.Note 2 . The keeping of animals for commercial purposes may be captured by definitions of“animal boarding or training establishments” or “intensive livestock agriculture”.Part I – Other Considerations – Animal Est. – Boarding and Training Est. I.62

Richmond Valley Development Control Plan 2012I6.3 Design standards – AnimalEstablishments - Boarding and TrainingThe keeping of animals at populations exceeding those presented in theexempt provisions will warrant the lodgement of a development application.Council may consider such establishments to no longer be for domesticpurposes and to be assessed as either Intensive livestock agriculture oranimal boarding or training establishments.The keeping of animals for non-commercial purposes above numbersprescribed within I6.2 (exempt provision) is development for which consentwill be required as there is a higher likelihood there may be unacceptableimpacts resulting from the development in relation to noise, odour, waste, orany other impact or emission.This section of the DCP applies to the preparation, submission, assessmentand determination of development applications for consent approval ofCouncil to establish and operate an animal establishment. Animalestablishments include the following uses:‣ Intensive livestock agriculture where cattle, goats, sheep, poultry,pigs, rabbits or other livestock are held in buildings or in a confined areawholly or substantially for feeding and may consist of or includeagricultural industries such as:• a feedlot containing more than five (10) cattle fed for meatpurposes or concentrated feeding area for dairy or other animalproduct purposes,• piggery (including free range) containing more than five (5) pigs,• poultry farm (including free range) containing more than twenty (20)birds• rabbit farm consisting of over twenty rabbits (20)‣ Animal boarding, housing or training establishment including thekeeping, breeding, boarding, training, rearing and caring of greyhoundsor racehorses, dogs, cats and other forms of equine trainingestablishments exceeding 15 animals, including riding schools.(1) Areas where Intensive Animal Establishments are unlikely to besupportedFigure I6.3 defines the locations where development applications for animalestablishments will not be supported and represents these locations asconstrained due to:‣ Proximity to established residential, rural residential developments andto future residential or rural residential developments as delineatedwithin Urban or Rural Land Use Strategies prepared for Richmond ValleyProximity to either approved, established and operating forms of intensiveanimal establishments.In addition, Council cannot support the establishment of Intensive AnimalEstablishments or Livestock Agriculture where cumulative developments maypresent an increased amenity risk. The establishment of boarding and trainingestablishments on adjoining or close sites will be considered and ultimatelydetermined on a merit basis with the onus strongly on the applicant toPart I – Other Considerations – Animal Est. – Boarding and Training Est. I.63

Richmond Valley Development Control Plan 2012demonstrate through detailed analysis why additional establishments will notbe a risk.(a) Intensive Poultry sheds – meat or egg productionEstablishments for the raising of poultry for meat or egg production will not besupported:‣ within 1.5 kilometres from any existing poultry establishment, or‣ within 500 metres of areas identified within Land Release Strategies, or‣ if the road access is unsealedFigure I6.3 Map showing Animal Establishment Constraints within RichmondValley Council Area.(2) Development Application Requirements – Animal Boarding and TrainingEstablishmentsA Development Application for an Intensive Animal Establishment, or anAnimal Boarding and Training Establishment, must include but not necessarilybe limited to the following detail within a comprehensive Statement ofEnvironmental Effects:(a) OdourAn Odour Modelling Report prepared by a suitably qualified person whichoutlines the extent of impacts of any odours both from the proposed land useand any cumulative impacts due to any existing land uses which may alreadyPart I – Other Considerations – Animal Est. – Boarding and Training Est. I.64

Richmond Valley Development Control Plan 2012emit offensive odours. Such report is to be prepared with regard for likelyclimatic and prevailing conditions. The Odour Report is also to submitoperational procedures to further mitigation any impacts and to identify theextent of reduction based upon these practices.(b) NoiseA Noise Impact Report prepared by a suitably qualified person which outlinesthe extent of impacts of noise from the proposed use including the full extentand activities to be operating on site and also the activities associated with theproposal including the type and numbers of traffic which will be generated bythe land use. The Report is also to make recommendations for the mitigationof any noise impacts and is to identify the extent of noise reduction as a resultof these measures being implemented. Section I7 – Noise Impact Assessment(NIA) provides additional detail as to what is required for the preparation of adetailed application involving NIA.(c) Traffic and Road HaulageA Traffic Report is required to be submitted and must be prepared by asuitably qualified person, detailing, but not necessarily limited to:‣ the types and numbers of traffic to be generated by the proposal;‣ details of the existing condition, widths, depths of pavement and itssuitability or otherwise for the carriage of transport to be associated withthe land use;‣ proposed upgrading to be undertaken by the applicant includinglocation(s) of width or depth of pavement, sealing of pavement andextension of stormwater pipes or culverts along the route(s).‣ Detailed plans showing where access to the property is proposed andadequate manoeuvring area(s) are provided to ensure visiting vehiclesenter and exit the property in a forward motion. Car parking is to beprovided wholly within the property for a minimum of three vehicles,however more may be required based upon detail supplied as to staffingnumbers and operational procedures.(d) AccessEntrance/exit-way(s) to the local road network must be constructed to Councilspecification and provide suitable line-of-sight distance for exiting vehicles. Asa guide, around 150 metres is required to safely de-accelerate and pull off theroad in a 100km an hour speed zone. In all instances, Council reserves theright to determine whether the placement and access is suitable and safe. Allworks required to be undertaken must be financed by the owner of theproperty or proponent of the development, including any works proposed onthe road reserve verge.(e) Statement of Environmental EffectsThe Statement of Environmental Effects (SEE) accompanying the applicationis required to describe in detail all aspects of the operation of theestablishment which may then be transcribed into a Management Plan for theland use.Part I – Other Considerations – Animal Est. – Boarding and Training Est. I.65

Richmond Valley Development Control Plan 2012(f) Environmental Management PlanAn Environmental Management Plan shall be prepared for the operation of theanimal establishment detailing, but not necessarily limited to the followingmatters:‣ Treatment and disposal of litter and effluent;‣ Odour Management;‣ Noise Management;‣ Biosecurity measures for the control and quarantine of exotic, endemicor emergency diseases;‣ Disposal of dead animals;‣ Food Storage and Vermin control;‣ Erosion control measures;‣ Water and Drainage management;‣ Chemicals and Fuel storage;‣ Complaints register;‣ Guidelines for the Operation, e.g. NSW Meat Chicken FarmingGuidelines (NSW), Greyhound Racing Control Board, etc;‣ Water storage and harvesting methods; and‣ Dust and air-borne particulate matter management.(g) On-Site Sewage ManagementThe preparation and review of On- Site Sewage Effluent Disposal for theseforms of land use is to be undertaken in accordance with Council's On-SiteSewage and Wastewater Strategy and associated guidelines. Further effluenttreatment methods and devices may be required for solids disposal and it isrecommended pre-lodgement discussions be held with Council to confirm thetreatment level and technique.(h) Land Use Conflict Risk Assessment (LUCRA)A LUCRA component to provide a site specific conflict risk assessmentrelevant to the location and sensitivity of adjacent, adjoining and nearbylanduses to ultimately determine the feasibility of the establishment in thelocation proposed and any required management response to potentialconflicts. Section I11 addresses the requirements of a LUCRA in detail andshould be referenced comprehensively for this component of the application.(3) Public Exhibition and ConsultationThe Public Exhibition and any required consultation shall be conducted inaccordance with DCP Section I15 – Notification and Advertising ofDevelopment and generally requires minimum 30 day exhibition period.(4) Site Suitability – Intensive Animal Establishments and Animal Boardingand Training Establishments – all other DCP considerations to beaddressedThe suitability of the site for the purpose of accommodating an AnimalEstablishment will be assessed during the application process. It would bemost advisable that the applicant and consultant engaged on the applicant’sPart I – Other Considerations – Animal Est. – Boarding and Training Est. I.66

Richmond Valley Development Control Plan 2012behalf pay particular attention to, but not limited to, the following site suitabilityspecifications as to minimise poor site choices and wasted resources.Considerations relative to site suitability are listed generally here as they areimperative to siting animal establishments suitably;‣ Large and isolated rural allotment as to provide ample distancebetween sensitive receivers in respect to noise, odour and biohazard‘buffer’ requirements.‣ Adequate access as to provide ample entry turnout and line-of-sightdistance relevant to the intended vehicular type and numbers proposedfor the use of the property. The local road network from the larger arterialroads must be of a suitable width, grade and condition to be able toadequately support the intended establishment. The proponent may berequired to upgrade the road (and any associated works) to a conditionsuitable and/or pay contributions for use of the local road network basedupon the assessment of Council.‣ Relatively Flood and Bushfire Free – subject to specifications withinthis DCP and all relevant Council policies.‣ Relatively free of other Environmental Constraints – in particularthose indicated within the Natural Resource Sensitivity mapping andassociated provisions (see Section H4 – Natural Resource Sensitivity forfurther detail and requirements).Part I – Other Considerations – Animal Est. – Boarding and Training Est. I.67

Richmond Valley Development Control Plan 2012I7. Noise Impact AssessmentEnvironmental noise emitted from a premise or land-use can impactnegatively upon neighbours, or even entire neighbourhoods. It can affect thehealth and wellbeing of individuals and community as a whole. In N.S.W, lawshave been enacted to enforce noise reduction and protect people fromresultant annoying and harmful effects.Although Council has authority to regulate noise impacts if verified offensivenoise complaints are received, it is more practical to ensure offensive noiseimpacts are prevented through initial intelligent design. Operationalprocedures should also be instigated to minimise noise at the time when theland-use is established or when significant changes are proposed.This section of the DCP provides guidance and examples where noise impactassessment is required as part of a comprehensive development application.Noise impact assessment is generally required to be an integral component ofa development application (DA) where the proposed development and/orassociated activity may potentially impact neighbouring properties and publicland. The provisions within this section of the DCP particularly seek to protectnoise-sensitive land uses from any negative impacts resulting from anyproposed development.DefinitionsNoise-sensitive land uses include all that are residential, institutional, publicand recreation in nature. Examples include (but are not limited to)campgrounds, hospitals, places of worship, schools, day care facilities, longtermcare facilities, libraries, auditoriums, community centres, offices,conference rooms, reading rooms, hotels, motels and some parts of retailstores.Noise may be generated as a direct consequence of the operation of adevelopment and involves sound impacts from:‣ machinery of any kind‣ vehicles within the site (forklifts, trucks reversing, loading, etc)‣ any ancillary operation noiseIndirect noise generation may also be required to be assessed and mayinclude:‣ pedestrian and/or vehicle movements to and from the site of thedevelopment, with particular attention to the times of day or night thesemovements may occur. Pedestrian movement may involve intoxicatedpatrons which will have a greater influence on the amount of noisepotentially generated from the development.‣ security or fire alarms, night access facilities, security personnelmovements, etcPart I – Other Considerations – Noise Impact Assessment I.69

Richmond Valley Development Control Plan 2012I7.1 Objectives – Noise Impact AssessmentThe objectives of this Chapter are to:‣ Provide examples of development types that require Noise ImpactAssessment (NIA) as an integral part of an application for thedevelopment.‣ Describe the level of detail required to satisfy qualitative and quantitativeassessment of noise impacts within an application or proposal. EffectiveNIA requires accurate deduction of all potential and likely noise impactsupon adjoining land uses and the community as a whole.‣ Establish conditions and procedures to be applied to any relevantapproval for development/proposals in order to offset possible negativeresulting noise impacts. Conditions may apply to any aspect of theproposed development, including building design & materials,operational procedures (particularly hours of operation), and/or anycombination of operation and construction controls as a result of hefindings of the NIA. Precautionary measures are required to beanticipated by the proponent which may then be conditioned on anyconsent Council may grant. Conditions may be imposed by Council withsome negotiation possible with the offsetting of major impacts, howeverit will be required the proponent suggest mediating measures within theNIA.‣ Provide mechanisms for avoiding the creation of ‘offensive noise’through development control initiated through the approval process.‣ Provide for any additional advertising and notification procedures for thedevelopment application process in relation to noise matters.I7.2 Legislative Provisions - NoiseAlthough there is no specific provision concerning Noise Impact Assessmentwithin the Richmond Valley Local Environmental Plan 2012 (the LEP), noiseimpact considerations are included within the overall aims and objectives ofthe Plan.Extract from Richmond Valley Local Environmental Plan 2012Clause 1.2 Aims of Plan...(2) The particular aims of this Plan are as follows:(a) to encourage the proper management, development and conservation of natural andman-made resources,(b) to support and encourage social and economic benefits within Richmond Valley,(c) to ensure that suitable land for beneficial and appropriate uses is made available asrequired,(d) to manage appropriate and essential public services, infrastructure and amenities forRichmond Valley,(e) to minimise the risk of harm to the community through the appropriate management ofdevelopment and land use.Section 79C of the Environmental Planning and Assessment Act 1979requires that when determining a development application, a consent authorityPart I – Other Considerations – Noise Impact Assessment I.70

Richmond Valley Development Control Plan 2012(Council) must take into consideration the likely social impacts of thatdevelopment in the locality. Richmond Valley Council (RVC) has a statutoryobligation to include consideration of noise impacts when determiningdevelopment proposals. Council and this DCP may therefore requireapplicants to provide noise assessment within application detail, whendeemed necessary in the opinion of Council and/or the assessing officer.Extract from Environmental Planning and Assessment Act 1979Section 79C Evaluation(1) Matters for consideration—generalIn determining a development application, a consent authority is to take into consideration suchof the following matters as are of relevance to the development the subject of the developmentapplication:(b)…and…(e)the likely impacts of that development, including environmental impacts on both thenatural and built environments, and social and economic impacts in the locality,the public interest.Noise assessment is an important tool to accurately assess the potentialimpact of a proposal or application for development on surrounding land usesand the locality. Although this section of the DCP is most relevant fordevelopment applications from private firms or individuals, it may also be auseful resource for authorities (including Council) as to where to what degreeof NIA should be incorporated into proposals and application.Extract from Protection of the Environment Operations Act 1997Definition of Offensive NoiseOffensive noise means noise:(a) that, by reason of its level, nature, character or quality, or the time at which it is madeor any other circumstances:(i) is harmful to (or is likely to be harmful to) a person who is outside thepremises from which it is emitted, or(ii) interferes unreasonably with (or is likely to interfere unreasonably with) thecomfort or repose of a person who is outside the premises from which it isemitted, or(b) that is of a level, nature, character or quality prescribed by the regulations or that ismade at a time, or in any other circumstances prescribed by the regulations.I7.3 Design principles - Noise(1) Determining where Noise Impact Assessment is requiredThe question as to whether the proposal will require a degree of Noise ImpactAssessment can be answered by responding in the affirmative to any one ormore of the following;‣ Does the proposal involve a land-use which is likely to generate noisecontrary to the majority of existing surrounding land-uses?‣ Is the use one which might be considered to ordinarily generate someform of noise as a consequence of a consent being granted?Part I – Other Considerations – Noise Impact Assessment I.71

Richmond Valley Development Control Plan 2012‣ Will the proposal likely give rise to an increase in noise within thelocality, either directly or indirectly through traffic movements, pedestrianaccess, operational equipment noise, etc?‣ Is the proposal likely to impact upon neighbourhood amenity and/orcommunity meeting places (including pedestrian commuting conduits,parklands, etc) through the direct or indirect emission of noise?The majority of development proposals will only require suitable commentregarding potential noise impacts within or as part of the Statement ofEnvironmental Effects (SEE) accompanying a formal application. Full NoiseImpact Assessment (NIA) is required for more comprehensive proposalswhich are likely to have larger potential noise impact upon neighbourhoodsand localities.The main distinction in the levels of NIA invoked below is the depth and rangeof reporting required within the proposal application. Section 3.4 outlines thedetail required for various levels of Noise Impact Assessment which may beattributed to the development types listed below.There is a high likelihood that most larger scale developments and proposalswill require comprehensive noise reporting or assessment, in many casesthese developments may also be ‘designated’ and require multiple additionalapprovals or concurrence from State and/or Commonwealth agencies.(2) The responsibility of the proponentIt is the proponent’s responsibility to ensure appropriate measures have beenincorporated into the development design and that all applicable sound levelcriteria are met (subject to approval and review) for the extent and life of thedevelopment. The proponent’s responsibilities also involve the following:‣ Determining feasibility of the project including constraints applicablebefore any project action or construction commitment is made;‣ Ensuring all noise generating criteria likely to be associated with thedevelopment are included within the assessment provided and anacceptance that additional costs are likely to be borne by the proponentif the noise report is inadequate;‣ Assessing all outdoor and indoor acoustical environments;measurements and readings must be supplied and extrapolated usingcommonly accepted and contemporaneous units and criteria;‣ Ensuring that the required control measures are incorporated in thedevelopment.(3) Determining what level of Noise Assessment is required for the proposal(a) High degree NIADevelopment types which will require an extensive and comprehensivedegree of Noise Impact Assessment accompanying the application:‣ Developments likely to generate noise and/or vibration impacts whichcould potentially significantly impact receivers within the vicinity andlocality, such as:Part I – Other Considerations – Noise Impact Assessment I.72

Richmond Valley Development Control Plan 2012• animal boarding and/or training establishments (particularly dog &cat) – see Chapter I6 for further detail of other requirements• Any proposed use involving the operation of more than four (4)mechanical vehicles such as automobiles, motorbikes, go-carts, jetskis or similar at one time.• extractive industries of any kind (quarrying) which involve heavymachinery use which are within 500 metres of any residentialdevelopment, particularly involving noise generation of any kind(directly or indirectly) outside of usual operating hours (see below).Quarries which involve blasting and/or crushing requirecomprehensive noise assessment and are generally considered tosignificantly affect residences within 1000 metres.• industries, whether urban or rural utilising machinery use (within100 and 750 metres of residential development respectively)involving noise generation of any kind (directly or indirectly)particularly when outside of usual operating hours (see below fordetails of usual operating hours)‣ Any other proposed noise emitting development situated within 50metres (in an urban area) or 350 metres (within a rural area) of noisesensitive land-uses. If after-hours operation is proposed the trigger iswithin 100 metres (urban) or 750 metres (rural) of noise sensitive landuses(standard hours given below).‣ Pubs, clubs and discothèques, etc (registered clubs) or any other musicgenerating development (such as rehearsal rooms/halls, venues)‣ Late or very early hour premises such as Service Stations and fast orother food premises within 100 metres of residents; Depots,Entertainment Facilities, Function Centres, and any other similarpremise.‣ Any other development Planning or Environmental Health Officersinterpret to likely present comparable noise impacts to those listedabove.(b) Moderate degree NIA requiredDevelopment types which will require a reasonable and comprehensivedegree of Noise Impact Assessment accompanying the application:‣ Developments, such as:• Larger retail complexes, Neighbourhood Shops (late or earlyhours),• industries, whether rural or urban which involve machinery use(within 1000 and 200 metres of sensitive land-use respectively)involving noise generation of any kind (directly or indirectly) outsideof usual operating hours (see below for details of usual operatinghours).• Childcare (caring for in excess of 15 children) within 50 metres ofresidential or other noise sensitive land-use (nslu).• Places of Public Worship and public assembly,• Recreation facilities (indoor and outdoor, inc. water),• Schools (exceeding 15 pupils under 18 years),Part I – Other Considerations – Noise Impact Assessment I.73

Richmond Valley Development Control Plan 2012• passenger transport facilities within 100m of a sensitive land-use• developments involving wind, water, or other means of harnessingenergy from the environment turbines which make noise in theprocess‣ Group Homes (transitional and permanent), Boarding Houses, Hostelsand the like‣ Forms of Tourist Development which involve transitory guestaccommodation catering for in excess of 10 guests, such as backpackeraccommodation, which are within 200 metres of noise-sensitive landuses.‣ Expansion or change of a non-conforming ‘existing’ or ‘continuing’ use(lesser NIA may be sufficient if noise impacts are negligible, subject toCouncil’s consensus),‣ Home occupations, business or industry which intends to involve anyform of noise generating machinery and is situated adjacent or adjoiningother residential development or any other noise-sensitive land-use.‣ Larger Urban Industries and Rural Industries with over 15 employees‣ Amusement Centres and Entertainment Facilities,‣ Places of Public Worship (between 20 - 30 worshipers - high degree NIArequired above if within 100 metres of a sensitive land-use)‣ Seniors Housing and Residential Care Facilities (to be assessed as asensitive receiver based upon existing land-uses within the vicinity),‣ Any other development Planning Staff interpret to likely presentcomparable social impacts to those listed above. This may include anydevelopment listed as requiring a high degree of NIA in I7.3(3)(a) abovewith less perceived potential impacts.(c) Low degree NIA requiredCircumstances where a Noise Impact statement is sufficient - Developmenttypes which require low degree of Noise Impact Assessment accompanyingthe application:‣ Developments, such as:• Small retail complexes• Medical Centres,• Urban Industries and small rural industries within suitable setting• Educational Establishments• Child Care Centres‣ Expansion or change of a non-conforming ‘existing’ or ‘continuing’ use‣ Places of Public Worship (less than 20 worshipers)‣ Any other development Planning Staff interpret to likely presentcomparable low degree of noise impact to those listed above. This mayinclude any development listed as requiring a moderate degree of NIA inI7.3(3)(b) above with reduced potential impacts, with Council’sconcurrence.Part I – Other Considerations – Noise Impact Assessment I.74

Richmond Valley Development Control Plan 2012(3) Standard hours of operation for any noise generating developmentThe standard hours of operation for noise generating development areequivalent to the normal hours of unrestricted business operation. It cannot beassumed operation within these hours is acceptable if the noise generated isconsidered to be in excess of that which would ordinarily be expected to beexperienced.(a) Operating Hours:Monday to Friday: 7a.m. till 6 p.m.Saturday 8 a.m. till 1 p.m.Sundays and Public Holidays: No Operations.(b) Unloading, pick-ups and deliveries:Monday to Friday: 8 a.m. till 5 p.m.Saturday 9 a.m. till 12 noonSundays and Public Holidays: No Operations.Any development proposed to operate outside of the Standard Hours ofOperation should be treated as a higher impact development requiring ahigher level of noise assessment. 24 hour operation will almost certainlyrequire the highest level of noise assessment.I7.4 Design Standards – NIA(1) Main Considerations - Checklist for all levels of NIAThe applicant will be required to address noise impacts of the proposal withinthe Statement of Environmental Effects (SEE) or any Environmental ImpactAssessment accompanying the application, with care to address the followingmain considerations:‣ An indication of the type and duration of all potential noise events likelyto be generated from the land, and not just a direct result of the land useproposed. Examples of direct and indirect noise generation are givenabove (in the preamble). All anticipated noise sources shall be includedwithin an exhaustive itinery.‣ A comprehensive list of all adjoining land uses and comment as to thecompatibility of the proposal with those land uses existing, with particularattention to noise issues.‣ Any suggestions by the proponent as to operational and/or designimplementation which might lessen the impact of noise sourced from thedevelopment.‣ Any required or suggested advertising and/or consultation withneighbours and key stakeholders.Part I – Other Considerations – Noise Impact Assessment I.75

Richmond Valley Development Control Plan 2012(2) Varying levels of Noise Impact Assessment as relevant to development(a) Low level Noise Impact AssessmentMinimum Requirements for where Noise Impact comment is required i.e.development stipulated within I7.3:‣ A statement summary as to whether there are any inconsistencies withthe existing land uses and the use proposed. Each land use should beaddressed individually (possibly in tabulated form) and a statementsummary supplied.‣ Comment should detail whether any of the main considerations aboverelate to the proposal or the location of the proposal. A short response toeach of the questions within I7.3(1) will suffice, in particular:• Is the proposal likely to impact upon adjoining land-uses(particularly if they are noise-sensitive), neighbourhood amenityand/or community land/meeting places (including pedestriancommuting conduits, parklands, etc)?‣ Comment should outline the likely impacts upon adjoining land-uses andkey stakeholders. Comment need not be prepared by a suitably qualifiedperson however must address all potential impacts and suggest possiblemitigating measures.‣ Comment does not need to entail predictive acoustic readings howevershould endeavour to quantitatively and qualitatively itemise all noisegenerating sources likely to be audible beyond the subject propertyboundary. In instances where the noise source is likely to generatesound which could be reasonably expected to be a nuisance, detail shallbe provided as to how impact may be mitigated.(b) Moderate level NIAMinimum Requirements for Social Impact Assessment as per developmentstipulated within I7.3 above:‣ A comprehensive summary as to whether there are any inconsistencieswith nearby existing land uses and the use proposed. Each adjoiningland-use should be addressed individually (possibly in tabulated form)and a paragraph summary supplied to outline all noise impacts andconsiderations. The NIA must provide a detailed response as to whetherany of the main considerations within I7.3(1) relate to the proposal or thelocation. If an affirmative response to any I7.3(1) consideration isrecorded, the applicant should demonstrate how negative impact may bemitigated and potentially incorporated into the design or operatingprocedure of the development.‣ The NIA shall outline all potential impacts upon adjoining land-uses andkey stakeholders. A report shall be comprehensive and prepared byperson or persons suitably qualified in acoustic reporting with referenceto best practice principles concerning contemporary acoustic reporting.Acoustic levels recorded (both background and peak shall be providedand incorporated into reasoning within the report.‣ The NIA should entail a component of community consultation, record indetail all resulting discussion and comments received, and outline howany potential negative impacts raised may be incorporated into thePart I – Other Considerations – Noise Impact Assessment I.76

Richmond Valley Development Control Plan 2012development design and operation. Community consultation shouldconcentrate on immediate neighbouring land-uses and main stakeholders.(c) High level SIAMinimum Requirements for Social Impact Assessment as per developmentstipulated within I7.3:‣ A comprehensive report shall be provided detailing any inconsistencieswith nearby existing land uses and the use proposed. Each adjoiningland-use should be addressed individually with a comprehensivesummary supplied to outline all noise impacts and considerations. TheNIA must provide a detailed response as to whether any of the mainconsiderations within I7.3(1) relate to the proposal or the location. If anaffirmative response to any I7.3(1) consideration is recorded, theapplicant must provide detail as to how negative impact will be mitigatedand measures incorporated into the design and/or operating procedureof the development to alleviate all noise impacts.‣ The NIA shall outline all potential impacts upon adjoining land-uses andkey stakeholders. A report shall be comprehensive and prepared by asuitably qualified acoustic engineer with particular reference to bestpractice principles and other contemporary studies (see section I7.5below).‣ The NIA is required to outline all potential impacts upon adjoining landusesand key stakeholders identified as a result of a comprehensivescoping component of the assessment. The acoustic engineer isrequired to address all impacted receivers and as well as suggestingongoing monitoring measures to improve upon existing land-useoperation and reporting procedures. Representative contact detailsshould be made readily available to any member of the effected public torecord and respond to offensive noise events. The operating proceduresof the development shall incorporate monitoring and responseprocedures which will ensure ongoing noise level compliance.‣ The NIA shall incorporate a record of consultation with immediateneighbouring land-uses and key stakeholders. Comments and issuesraised should be documented preferably written and signed ‘letterhead’with responses from the applicant as to how the issues raised supportthe development, or suggest mitigating measures which may beincorporated to lessen the impact of the issue raised.‣ The applicant is required to provide a comprehensive analysis of allpotential impacts identified as a result of in-depth analysis of the locationand active/passive use of the proposal site and surrounds. All impactsshould be reported alongside all impacts resulting from community &stakeholder consultation. The proponent is also required to presentsuggested impact minimisation of all perceived impacts.‣ The NIA should entail a component of community consultation, record indetail all resulting discussion and comments received, and outline howany potential negative impacts raised may be incorporated into thedevelopment design and operation. Community consultation shouldPart I – Other Considerations – Noise Impact Assessment I.77

Richmond Valley Development Control Plan 2012concentrate on immediate neighbouring land-uses and main stakeholders.I7.5 Guidelines and Best Practice to beadopted for Reporting – Noise ImpactAssessmentThe following publications and guidelines provide the most contemporaneousNoise Impact Assessment methods at the time of writing. It is expected thenoise assessment guidelines and techniques listed below (or successiveguidelines) be extensively referenced and adopted for developmentapplications requiring NIA of the type examined within this DCP chapter. Thislist is not comprehensive and are subject to superceding guidelines,improvements and review.‣ New South Wales Industrial Noise Policy – Environmental NoiseManagement – Environment Protection Authority (EPA, 2000).‣ Department of Environment and Conservation (NSW) – Noise Guide forLocal Government – Environmental Noise Management (2004).‣ NSW Department of Planning – Development near Rail Corridors andBusy Roads (Interim Guidelines 2008 or later).I7.6 Advertising and Notification – NoiseImpact Assessment ProceduresSection I15 concerning advertising and notification generally sets therequirement for advertising periods dependent upon development type.It is considered prudent, however that the applicant begin Noise ImpactAssessment very early in the preparation of the development applicationpreparation process. Early preparation and notification provides a means toaccurately present all noise impacts to adjoining owners and the generalpublic during the exhibition process. Monitoring directly from nearby noisesensitiveenvirons (including indoors) can often be the most revealing meansof collecting relevant data, and the facilitating process can be a means tomake positive contact with affected individuals and stakeholders.Early engagement can be beneficial to demonstrate the intent of theproponent to conduct an equitable assessment of the proposal’s impacts.Timely and thoughtful assessment techniques can provide opportunity todemonstrate how the development might proceed with minimal noise impacts.Transparency in this process can introduce and discuss mitigating measuresto reduce impacts of noise on sensitive receivers.It is highly recommended consultation concerning noise impact be initiatedand include noise impacts as a major component of discussion and educationwith adjoining and affected parties. It is recommended the consultationprocess be initiated one month before the advertising period in order toadequately inform nearby residents and tenants as to the proposal and anypossible consequence.Part I – Other Considerations – Noise Impact Assessment I.78

Richmond Valley Development Control Plan 2012I7.6 Additional Information regarding NoiseImpact (NIA) Measurement, Complianceand Management(1) Proposals which involve situating Noise Sensitive Development withinthe influence of existing or proposed noise generating operations‣ Taking all reasoning and provisions into account outlined within theprevious sections of this DCP, Council will require suitable NIA includedwithin formal application for the potentially affected proposeddevelopment. The opinion of Council is absolute in determining thesematters, and includes consideration, but is not limited to, the following:• Road and Rail Transport Corridors (whether existing or proposed –including instances where the infrastructure and/or planning is inplace, has been initiated, or continuance is undecided,• Industrial, Commercial, Extractive or Agricultural practices adopted,or likely to be adopted within the surrounding area,• Any likely or prevailing environmental factors, such as wind,topography, water bodies which may project sound further, etc,• Areas recognised as potential development areas, as prescribedthrough the zoning, DCP designation, or any State or local strategy.‣ Any knowledge of the proposed increase in production in nearby noisegenerating developments, including likelihood of escalation of ‘existing’or ‘continuing’ use.(2) Noise Impact Assessment Compliance – Legal Considerations‣ Council may impose Noise Control Orders in relation to ‘Offensive Noise’matters which attract fines for non-compliance.‣ Police have the authority to issue a Noise Abatement Direction forunacceptable noise which is an offence to ignore.‣ Generally, persistent noise, such as that from an engine, is notacceptable before 7.00 a.m. or after 8.00 p.m.Part I – Other Considerations – Noise Impact Assessment I.79

Richmond Valley Development Control Plan 2012I8. Social Impact AssessmentThis section of the DCP provides guidance and examples where social impactassessment is required as part of a comprehensive development application,management plan or other form of proposal assessment. The most notableinstance of where social impact assessment is required is where proposedactivity and/or development is likely to potentially impact a particular socialgroup, community section or community in entirety.I8.1 Objectives – Social Impact AssessmentThe objectives of this Chapter are to:‣ a concise checklist to determine whether social impact Provideassessment is required as part of a development proposal or application.‣ Provide for qualitative assessment of social impacts within an applicationor proposal accurately interpreting the possible and likely impacts upon asocial sector or community as a whole. The social consideration isrequired to balance environmental and economical considerations andprovide a balanced and integrated assessment of all impacts.‣ Allow for easy identification of the social constituents within a communitylikely to be impacted by a proposal or development. If the proposal ispermitted to proceed, monitoring of possible impacts upon the identifiedstakeholders may take place over the lifespan of the development.‣ Social Impact Assessment should determine conditions and procedureswhich need to be followed to offset possible negative social impactsresulting from of the proposal. Precautionary measures are required tobe anticipated by the proponent that can then be conditioned on anyconsent Council may grant. Conditions may be interpreted andnegotiated between Council and the proponent, however it required theproponent suggest mediating measures within the SIA. This section ofthe DCP should be read in conjunction with and regard for Clause 1.2 ofthe Richmond Valley Local Environmental Plan 2012 (the LEP)‣ Provide for additional advertising and notification procedures.I8.2 LEP Provisions - SIAAlthough there is no specific provision concerning Social Impact Assessmentwithin the Richmond Valley Local Environmental Plan 2012 (the LEP), Socialconsiderations are requirements of many considerations regarding impacts,and are included within the overall aims and objectives of the Plan:Extract from Richmond Valley Local Environmental Plan 2012Clause 1.2 Aims of Plan...(2) The particular aims of this Plan are as follows:(a) to encourage the proper management, development and conservation of natural andman-made resources,(b) to support and encourage social and economic benefits within Richmond Valley,(c) to ensure that suitable land for beneficial and appropriate uses is made available asrequired,Part I – Other Considerations – Social Impact Assessment I.81

Richmond Valley Development Control Plan 2012(d)(e)to manage appropriate and essential public services, infrastructure and amenities forRichmond Valley,to minimise the risk of harm to the community through the appropriate management ofdevelopment and land use.Section 79C of the Environmental Planning and Assessment Act 1979requires that when determining a development application, a consent authority(Council) must take into consideration the likely social impacts of thatdevelopment in the locality. Richmond Valley Council (RVC) has a statutoryobligation to include consideration of social impacts of development proposalsin determining development proposals and may therefore require applicants toprovide social assessment within application detail, when necessary.Extract from Environmental Planning and Assessment Act 1979Section 79C Evaluation(1) Matters for consideration—generalIn determining a development application, a consent authority is to take into consideration suchof the following matters as are of relevance to the development the subject of the developmentapplication:(b) the likely impacts of that development, including environmental impacts on both thenatural and built environments, and social and economic impacts in the locality,…and…(e) the public interest.Social Impact Assessment is the tool to accurately assess the social impactsof a proposal or application for development in the locality. Although thissection of the DCP is most relevant for development applications from privatefirms or individuals, it may also be a useful resource for authorities (includingCouncil) as to where and when a degree of SIA should be incorporated intoproposals initiated by authorities.I8.3 Design principles – SIA(1) Determining where Social Impact Assessment is requiredThe question as to whether the proposal will require a degree of Social ImpactAssessment can be answered by responding in the affirmative to any one ormore of the following:‣ Will the proposal disadvantage or benefit any particular social group, orthe locality or the community within Richmond Valley (RVC) as a whole?‣ Will the proposal be likely to give rise to an increase or reduction inemployment opportunities in the locality?‣ Will the proposal be likely to give rise to an increased demand forcommunity facilities or services within the locality, or RVC area as awhole?‣ Will the proposal be likely to affect the supply of, or demand for, housingwithin the locality or LGA?‣ Is the proposal likely to impact upon neighbourhood amenity and/orcommunity meeting places (including pedestrian commuting conduits,parklands, etc)?‣ Is the proposal likely to create any element of security or risk for anyoccupants, nearby residents or passing pedestrians?Part I – Other Considerations – Social Impact Assessment I.82

Richmond Valley Development Control Plan 2012(a) Social Impact Statements or Social Impact Assessment (SIA)?The majority of development proposals will only require suitable commentwithin or as part of the Statement of Environmental Effects (SEE)accompanying a formal application. A full SIA is required for morecomprehensive proposals which are likely to have larger potential impact uponsocial identity and cohesiveness.The main distinction in the levels of SIA invoked below is the depth and rangeof social implications of the proposal which need to be taken intoconsideration. Section 2.4 outlines the detail required for various levels ofSocial Impact Assessment which may be attributed to the development typeslisted below.There is a high likelihood that most larger scale developments and proposalswill require comprehensive SIA, particularly those which are ‘designated’ orrequiring multiple additional approvals or concurrence from State and/orCommonwealth agencies.(2) Determining what level of SIA is required for the proposal.(a) High degree SIADevelopment types which will require an extensive and comprehensivedegree of Social Impact Assessment accompanying the application:‣ Major Developments, such as:• Major new retail complexes, incorporating 4 or more shops,• Hospitals, Institutions, Rehabilitation Centres, and the like,• Childcare (caring for in excess of 15 children)‣ Tourist developments, Backpacker Accommodation and other transitoryguest accommodation catering for in excess of 10 guests,‣ Sex Service Premises and Restricted Premises,‣ Residential Development in excess of twelve (12) proposed dwellings ona single allotment, regardless of any strata potential,‣ Urban and Rural Industries employing over 20 people,‣ Service Stations, Depots, Entertainment Facilities, Function Centres,Registered Clubs and any other similar premise which may proposehours after 11.00 pm from the onset of operation, or potential at any timein the future,‣ Any other development Planning Staff interpret to likely presentcomparable social impacts to those listed above.(b) Moderate degree SIADevelopment types which will require an extensive degree of Social ImpactAssessment accompanying the application:‣ Developments, such as:• Small retail complexes, Neighbourhood Shops,• Medical Centres,• Childcare (caring for in 7 - 15 children),• Recreation facilities (indoor and outdoor, inc. water),• SchoolsPart I – Other Considerations – Social Impact Assessment I.83

Richmond Valley Development Control Plan 2012‣ Group Homes (transitional and permanent), Boarding Houses, Hostelsand the like‣ Expansion or change of a non-conforming ‘existing’ or ‘continuing’ use‣ Home occupation (sex services), swingers clubs, sex/lingerie partypremises, and the like,‣ Demolition of a building with heritage significance or change of use of abuilding or place acknowledged to have social or heritage significance(as determined by Council).‣ Larger Urban Industries and Rural Industries with over 10 employees‣ Amusement Centres and Entertainment Facilities,‣ Car Parks over 20 spaces,‣ Places of Public Worship,‣ Seniors Housing and Residential Care Facilities,‣ Any other development Planning Staff interpret to likely presentcomparable social impacts to those listed above. This may include anydevelopment listed as requiring a high degree of SIA above (3.3(2)(a))with reduced potential impacts.(c) Low degree SIACircumstances where a Social Impact statement is sufficient - Developmenttypes which require low degree of Social Impact Assessment accompanyingthe application:‣ Developments, such as:• Small retail complexes• Medical Centres,• Urban Industries and small rural industries,• Educational Establishments‣ Expansion or change of a non-conforming ‘existing’ or ‘continuing’ use‣ Educational Establishments‣ Demolition of a building with heritage significance or change of use of abuilding or place acknowledged to have social or heritage significance,‣ Any other development Planning Staff interpret to likely presentcomparable social impacts to those listed above. This may include anydevelopment listed as requiring a moderate degree of SIA above(3.3(2)(b)) with reduced potential impacts.I8.4 Design Standards – SIA(1) Main Considerations - Checklist for all levels of SIAThe applicant will be required to address social impacts of the proposal withinthe Statement of Environmental Effects (SEE) or any Environmental ImpactAssessment accompanying the application, with care to address the followingmain considerations:‣ Access and mobility (consideration of that provided, or existing)‣ Employment impactsPart I – Other Considerations – Social Impact Assessment I.84

Richmond Valley Development Control Plan 2012‣ Accommodation and housing impacts‣ Crime and public safety impacts (refer to the CPTED Section I10)‣ Adjoining land uses and compatibility of the proposal‣ Advertising and/or consultation with neighbours and key stakeholders(a) Low level SIAMinimum Requirements for where Social Impact comment is required i.e.development stipulated within I8.3(2)(c).‣ Comment should detail whether any of the main considerations aboverelate to the proposal or the location of the proposal. A short response toeach of the questions within I8.3(1) will suffice, in particular:• Is the proposal likely to impact upon neighbourhood amenity andcommunity meeting places (including pedestrian commutingconduits, parklands, etc)?• Is the proposal likely to create any element of security or risk forany occupants, nearby residents or passing pedestrians?‣ Comment should outline the likely impacts upon adjoining land-uses andkey stakeholders. Comment may only require one or two paragraphsand is able to be prepared by a non-specialist.‣ Comment does not need to entail community consultation howevershould outline perceived impacts and any potential negative impact thedevelopment may have on the locality. In response to any potentialnegative impact, a response to each and a possible solution should benominated as to how the impact may be mitigated and incorporated intothe development design and operation.‣ Comment must outline if the proposal could likely give rise to anincreased demand for community facilities or services within the localityor increase or decrease provision of accommodation (housing).(b) Moderate level SIAMinimum Requirements for Social Impact Assessment as per developmentstipulated within I8.3(2)(b) above).‣ The SIA should detail whether any of the main considerations aboverelate to the proposal or the land location. A response to each of thequestions within I8.3(1) will be required, and in instances where anaffirmative is recorded, the applicant should provide a response as tohow any negative impact may be mitigated and potentially incorporatedinto the design or operating procedure of the development.‣ The SIA shall outline the likely impacts upon adjoining land-uses and keystakeholders. Comment should be comprehensive and prepared by asuitably qualified or specialist person with particular reference to bestpractice principles and other contemporary studies.‣ The SIA should entail a component of community consultation, record indetail all resulting discussion and comments received, and outline howany potential negative impacts raised may be incorporated into thedevelopment design and operation. Community consultation shouldPart I – Other Considerations – Social Impact Assessment I.85

Richmond Valley Development Control Plan 2012concentrate on immediate neighbouring land-uses and main stakeholders.‣ Comment should give particularly attention to any increased demand forcommunity facilities/services within the locality or increase/ decrease inthe demand or provision of accommodation (housing).(c) High level SIAMinimum Requirements for Social Impact Assessment as per developmentstipulated within I8.3(2)(a)).‣ The SIA should detail whether any of the main considerations aboverelate to the proposal or the land location. A comprehensive response toeach of the questions within I8.3(1) will be required, and in instanceswhere an affirmative is recorded, the applicant shall provide a mitigatingsolution to be incorporated into the design and/or operating procedure ofthe development. Particular attention to detail should be provided inresponse to the following criteria:• Is the proposal likely to impact upon neighbourhood amenity andcommunity meeting places (including pedestrian commutingconduits, parklands, etc)?• Is the proposal likely to create any element of security or risk forany occupants, nearby residents or passing pedestrians?‣ The SIA is required to outline all potential impacts upon adjoining landusesand key stakeholders after completing a comprehensive scopingcomponent to identify all impacted stakeholders. The SIA must beprepared by a suitably qualified or specialist person and reference bestpractice principles and other contemporary studies.‣ The SIA shall incorporate a record of consultation with immediateneighbouring land-uses and key stakeholders. Comments and issuesraised should be documented preferably written and signed ‘letterhead’with responses from the applicant as to how the issues raised supportthe development, or suggest mitigating measures which may beincorporated to lessen the impact of the issue raised.‣ The applicant is required to provide a comprehensive analysis of allpotential impacts identified as a result of in-depth analysis of the locationand active/passive use of the proposal site and surrounds. All impactsshould be reported alongside all impacts resulting from community &stakeholder consultation. The proponent is also required to presentsuggested impact minimisation of all perceived impacts.‣ In addition to other SIA requirements listed here, consideration shouldalso be made regarding the following:• impact upon particular social groups, such as indigenous, children,aged, ethnic, youth, persons with a disability, etc• social equity (in particular any potential for any disadvantagedgroups to be displaced or further disadvantaged).• whether some form of ongoing monitoring should be proposed forthe early duration of the proposal, and if so, how a review ofimpacts can influence management practices. A conditionalPart I – Other Considerations – Social Impact Assessment I.86

Richmond Valley Development Control Plan 2012consent might require monitoring and review of potentially highsocial impact developments after a nominated period of time.• a Community Focus Meeting may be appropriate to scope potentialimpact issues and all affected stakeholders. In exceptionalcircumstances it could be advantageous to hold further focusmeetings as a monitoring and facilitating tool. The outcomes ofsuccessfully run Community Focus Meetings would provide Termsof Reference (TOR) for accurate predictive modelling within SIApresented alongside a development application.• some degree of quantitative (statistical) analysis may be useful todemonstrate the likelihood of impacts recognised within the TORwithin the SIA.I8.5 Advertising and Notification – SIAproceduresSection I15 concerning advertising and notification generally sets therequirement for advertising periods dependent upon development type. It isconsidered prudent that the applicant begin more detailed SIA consultationwell before the formal advertising period. Consultation should be initiated atleast one month before the advertising period in order to adequately informnearby residents and tenants as to the proposal and any possibleconsequence.Part I – Other Considerations – Social Impact Assessment I.87

Richmond Valley Development Control Plan 2012I9. WSUD—Water Sensitive UrbanDesignWater Sensitive Urban Design, also known a WSUD (pronounced wiz-ud), is amultidisciplinary approach for integrating land use and water management(water supply, stormwater and wastewater) planning with the aim ofminimising the impacts of urban development on the natural water cycle.Many elements of WSUD are now incorporated into BASIX, BuildingSustainability Index, which make it mandatory to achieve water and energyefficiency in new development.Elements of WSUD that still prevail are:‣ erosion and sediment control during construction,‣ minimum rain water tank capacity for residential development,‣ stormwater management, and‣ aiming to maintain baseline water quality targets.I9.1. ObjectivesThe objective of this Chapter is to ensure that adequate water qualitymanagement principles are incorporated into development design and this iscarried through into the construction phase.I9.2. General PrinciplesThe application of a number of general principles will assist development inmeeting the objectives of this plan. The general principles include:‣ The waste management hierarchy;‣ The “Treatment Train”; and‣ Water Sensitive Urban Design.(1) Waste Management HierarchyThe waste management hierarchy is a universally accepted principle.Although developed for waste management the principles can be applied tourban development to reduce some of the impacts from cradle (source,individual dwelling level) to grave (end of pipe, disposal). The wastemanagement hierarchy consists of:‣ Avoid (most cost and resource efficient)‣ Reduce‣ Re-Use‣ Recycle‣ Disposal (most expensive and resource inefficient).The waste management hierarchy can be applied to water, wastewater,stormwater quality and stormwater volumes.Part I – Other Considerations – Water Sensitive Urban Design I.89

Richmond Valley Development Control Plan 2012(2) Treatment TrainThe “Treatment Train” is a concept for stormwater quality treatment describedin the NSW EPA Managing Urban Stormwater Series.To gain optimum stormwater quality outcomes it is desirable to combine 2 ormore Stormwater Quality Devices or management approaches. Thiscombination of treatment devices forms a stormwater treatment “train.” TheTreatment Train consists of:‣ Primary Level Treatment – screening of gross pollutants, sedimentationof coarse particles.‣ Secondary Level Treatment – Sedimentation of finer particles, filtration.‣ Tertiary Level Treatment – enhanced sedimentation and drainage,biological uptake, adsorption onto sediments.I9.3 WSUD PrinciplesFigures I9.1 & I9.2 provide diagrammatic examples of common WSUDfeatures utilising a source control approach. Figures I9.3 & I9.4 providediagrammatic examples for WSUD approaches for larger subdivision andneighbourhood scale developments.(1) WSUD Road Design and Lot Layout PrinciplesPrinciples of WSUD road design and layout are:‣ The design should promote the retention of the existing land form. Cutand fill is to be avoided and minimised where possible.‣ The design and layout should retain water courses.‣ The design should minimise stormwater runoff and peaks by avoidingthe channelling and concentration of flow and making use of existing sitetopography, natural drainage lines, soils and vegetation to treat, detain,retain and infiltrate stormwater.‣ Street layout should be designed to fit the topography so as to avoid therequirements for cut and fill.‣ Streets are not to be constructed within natural drainage lines.‣ Street design and layout should take into account native vegetation.‣ The street layout should avoid extended street lengths runningperpendicular to the slope so as to reduce runoff velocities.‣ Carriageway widths should be designed to minimise the amount ofimpermeable area but recognising that there will be a demand for whichmust be addressed either within the properties or on street.‣ Street design is to take into account the cleansing of stormwater throughthe use of landscaping, grass swales, filter strips, infiltration pits andoil/grit separators.‣ The design of the road cross section is to take into account the majorstormwater runoff events whilst allowing for vehicle safety.‣ The piped drainage scheme should take into account possibledecreased flows, where the decreases to the design events can bePart I – Other Considerations – Water Sensitive Urban Design I.90

Richmond Valley Development Control Plan 2012demonstrated through modelling or other to Council’s satisfaction, as aresult of the adoption of “sustainable water” measures within individuallots onsite.(2) WSUD Drainage Principles‣ The trunk drainage design should be based on a system of naturalwatercourses and floodplains where applicable designed to mimicnatural conditions and in particular natural flows as far as possible and tominimise maintenance.‣ These waterway corridors form the spine for the open space and habitatcorridor system.‣ The drainage system should incorporate multiple objective open spaceuses where possible.‣ The width of the habitat corridors should be based on:• the width required for flood event management.• the width required for habitat connectivity.• the width required for buffer areas.• the width required under policy.‣ The natural alignment and profile of the watercourse/s is to be retainedwhere possible.‣ Water and stormwater quality improvement devices such as detentionponds, constructed wetlands, gross pollutant traps, litter traps, sedimentponds should be placed off line to maintain the physical integrity andaesthetics of the creek system.‣ Open space planning around the trunk drainage system is to incorporatepublic safety with flood criteria.‣ Indigenous vegetation should be retained and rehabilitated.‣ The primary transport system should be an existing natural or designednatural style channel. Concrete channels and pipelines are to be avoidedwhere possible.‣ Trunk drainage may account for reductions in certain storm events andpollutant transfer as a result of initiatives to reduce and treat stormwaterat the lot level and through street design and layout but must allow forpossible failure of the local upstream attenuation systems.‣ Stormwater outlets and discharge into bushland areas are to be fittedwith energy dissipation devices and protection so as to prevent scourand erosion.‣ Where existing natural watercourses are being used to conveystormwater from a development, particular attention must be given to thelow flow situation to maintain the existing moisture levels that the floraand fauna are accustomed to and dependant upon.Part I – Other Considerations – Water Sensitive Urban Design I.91

Richmond Valley Development Control Plan 2012Figure I9.1 Example of potential WSUD features applied to lot level.Diagrammatic only. Not to scale.Conveyance systemtreatment, filterstrips, swales and/orbio retention.Designatedstreet parkingareas toprotect swalesetc.ROADSource controlmeasures, Rainwatertanks, Infiltration,Porous pavers,Detention, Decreasedstormwater to streetdrainage system.Vegetation retained aspart of stormwatertreatment andmaintaining waterbalance for site.Porous /permeabledriveways.Road width reduced to minimumrequired. Reduce runoffgeneration. Road follows thecontour of the gradient.Figure I9.2 Example of potential WSUD features in residential subdivision.Diagrammatic only. Not to scale.Part I – Other Considerations – Water Sensitive Urban Design I.92

Richmond Valley Development Control Plan 2012Figure I9.3 Design for Residential area incorporating Habitat and EcosystemValues (EPA, 1996).Figure I9.4 Desirable Drainage Corridor / Open Space Planning (Taken fromNSW Coastal Council Design Guidelines Discussion Paper).Note. The open space provides for the protection of environmentally sensitive areas. Thenetworks include (1) continuous foreshore access (2) wildlife corridors and habitat corridorsalong the creek system linking the hinterland and coastal areas (3) Riparian zones alongrivers and lakes (4) Foreshore reserves along the coast.Part I – Other Considerations – Water Sensitive Urban Design I.93

Richmond Valley Development Control Plan 2012I9.4. Water Quality Controls(1) PreambleThe increase in urbanisation leads to an increase in contaminant loading intowaterways. This increase results from wastewater discharge, urbanstormwater, erosion, loss of natural vegetative treatment systems, and wasteas a result of inefficient resource use.Unlike wastewater, urban stormwater has not historically been treated. Urbanstormwater contamination results from a number of processes including:‣ Increased stormwater volumes and subsequent increased Nitrogen andPhosphorous. This results due to increased impermeability, and the lossof vegetative and infiltration treatment mechanisms;‣ Oils, greases and heavy metals from roads and driveways;‣ Gross pollutants from leaf litter;‣ Sediment from construction practices;‣ Faecal contamination from sewer overflows and animals;‣ Chemical contamination from spills, household fertiliser and chemicalapplication, and inappropriate application rates;‣ Litter from irresponsible disposal practice.A decline in water quality may result in impacts such as:‣ A decline in the economic productivity of waterways. This includesfisheries and the suitability of water for stock, agriculture, domestic andindustrial uses;‣ Impacts on human health and subsequent lost productivity as a result ofincreased pathogen loading, creating conditions which promote harmfulmicro-organism growth (such as nutrient loading and cyano-prokaryotes)and pathogen longevity (such as turbidity);‣ Decline to the suitability of waterways for recreational contact andeconomic impacts as a result of illness, tourism reduction, aesthetics etc;‣ Ecological decline and decreases to biodiversity;‣ Creation of aquatic habitats which encourage invasive pest species.Source control measures, such as tanks and lot level infiltration devices,provide the most cost effective mechanism for reducing stormwater pollution.Stormwater Quality Improvement Devices (SQID) should be used after sourcecontrol methods to reduce the volumes and frequency of runoff generation,and subsequent pollutant transport, have been exhausted. SQIDs which areinappropriate for the location, budget and target pollutant can cause extrememaintenance, flooding, public safety and financial issues.(2) ObjectivesThe objectives of this element are to:‣ Protect the values and quality of receiving waters for human(commercial, recreational, aesthetic, public health) and ecologicalpurposes.‣ Promote and implement stormwater quality source control.Part I – Other Considerations – Water Sensitive Urban Design I.94

Richmond Valley Development Control Plan 2012‣ Implement appropriate and safe stormwater quality devices for the targetpollutant and site conditions.(3) Performance TargetsTargets for stormwater quality for all applicable development are provided inTable I9.1.Table I9.1 Stormwater Quality TargetsContaminantCoarse Sediment (0.1 to 0.5 mm)Fine particles (

Richmond Valley Development Control Plan 2012• Environmental or infrastructure factors in a development arearequire an alternate standard of performance to that listed in thispolicy.• A Masterplan, Integrated Urban Water Management Plan,Stormwater Management Plan, Water Efficiency Plan, EstuaryManagement Plan, Threatened Species Recovery Plan, Councilpolicy document or other approved policy exists for an area whichhas specified alternate treatment measures or performancestandards for the development area.• Design guidelines, as recognised by Council, indicate that thedevice is not suitable for the site constraints.• The device does not meet local, State or Federal government publichealth criteria.(ii) Pumps and Noise‣ Where pumps are used to supply water from a collection and re-usedevice (eg roofwater tank, stormwater, reclaimed water) then noisemitigation measures are to be put in place to ensure that the device doesnot breach legislative requirements and standards.‣ The noise mitigation measures are to be submitted to Council prior toapproval.‣ All connections to be undertaken by qualified plumber and electrician.(iii) Stormwater Quality Improvement Devices (SQID)The following measures apply to Stormwater Quality Improvement Devicesimplemented for any development.‣ The selection, installation and location of water quality treatment devicesmust take into account the ability to access, maintain and inspect thedevice in its operational condition by the householder, site owner,Council, private owner and/or regulatory authorities as applicable.‣ Natural treatment processes using filtration, infiltration and vegetationare to be adopted in preference to ‘hard” (eg concrete pre fabricated)treatment measures where site, operational and maintenance conditionsallow.‣ All treatment measures are to be designed, installed and maintained inaccordance with Council, or relevant authority, requirements.‣ All SQIDs must have an overflow to the drainage system.‣ SQIDs must be designed by a suitably qualified person or bodyapproved or recognised by Council.‣ Subdivision scale SQIDs are to be designed and sized in recognition ofany lot level stormwater treatment and runoff volume reductions in placefor the development area.‣ Subdivision scale SQIDs are to have access points for staff and vehiclesto allow maintenance and inspection. If maintenance requires heavyvehicles then access must be provided so that machinery does notbecome bogged.‣ The type of SQID selected must be compatible with the vehicle, plantand/or machinery available in the area for maintenance.Part I – Other Considerations – Water Sensitive Urban Design I.96

Richmond Valley Development Control Plan 2012‣ Subdivision/streetscape scale SQID’s must be provided with a site planshowing access points for operation and maintenance of a type suitablefor the vehicles required.‣ Where relevant SQID’s must be retained free of landscaping andoverhead lines near the SQID to operate and manoeuvre maintenancemachinery.‣ Where relevant SQID’s must have land retained near the SQID todewater and stockpile material from de-sludging / de-silting, andvegetation harvesting maintenance if relevant for the types of SQID.‣ SQID’s, apart from conveyance controls, are to be off line from the manmade main drainage system unless there is no other option.‣ SQID’s are not to be located on any natural watercourse.‣ SQID’s must be designed with the aim to blend into the surrounds andbe aesthetically pleasing.‣ Systems are to be preferably “dry” systems (i.e. they drain dry and thepollutants trapped within are not stored in liquid) wherever possible. Wetsump systems are not preferred due to increased disposal and wastemanagement costs.‣ An Operations and Maintenance manual is to be produced for eachSQID where it will become a Council asset.‣ The justification for SQID selection will be required to be submitted byCouncil if a Stormwater Management Plan is required for the proposeddevelopment.‣ SQIDs which are to be handed over to Council and which cannot meetWHS criteria, such as minimising the risk of needle stick injury, enclosedspace or manhandling, to Council’s satisfaction will not be approved.‣ The developer will be required to operate, monitor and pay for allexpenses in relation to the SQID for a period of 6 months. At the end ofthe period the asset will be handed over to Council in its as “designed”state along with:‣ Invoices for all expenses incurred in that period from operations andmaintenance.‣ Details of all monitoring results obtained during the six month period.‣ Details of all incidents including, but not limited to OHS & R incidents,public safety incidents, defects, repairs, failure of the system andcomplaints received whether related to the systems performance orother.‣ Three (3) copies of the Operations and Maintenance manual for thedevice/s.(iv) Private SQID RequirementsWhere a SQID is not a Council asset the following additional requirementsapply:‣ Access to the device is to be available at all reasonable times for Councilor relevant authority to inspect the device.‣ The operator of the SQID will be required to submit to Council annualreturns and a fee for the licensing of the SQID.Part I – Other Considerations – Water Sensitive Urban Design I.97

Richmond Valley Development Control Plan 2012‣ The annual returns will consist of:• The name and address of the operator of the device.• The manufacturers name, type and location of the device.• The date/s maintenance was undertaken.• The name of the person/company who undertook the disposal ofthe material.• The location of the waste disposal site.• An estimation on the volumes of material removed.• A description of the material disposed (eg wet liquid, dry material,predominately leaf litter and sand, predominately fast food wasteetc).• Details of any amendments to the device (if applicable) and thereason for amendments.• Updated Operations and Maintenance manuals (if applicable).(b) Additions & Change of useThe following additional requirements may apply for additions and change ofuse:(i) For Development Other Then Residential DevelopmentIf it cannot be demonstrated that a change of use or addition will not result in asignificant increase to stormwater and/or pollution generation then Councilmay require:‣ measures to be incorporated to off set any increase in stormwater and/orpollution generation.‣ a Stormwater Management Plan.(ii) For Residential Development:‣ Council may require measures to meet the requirements of aThreatened Species Recovery Plan, Integrated Urban WaterManagement Plan, Stormwater Management Plan, Master Plan or otherCouncil, State or Federal policy where the addition or redevelopmentmay impinge upon the objectives and/or targets of that policy.(c) Residential Dwellings/Dual OccupanciesThe following additional requirements apply:Residential lots and dual occupancies must meet targets through theimplementation of measures as indicated in Table I9.2.Part I – Other Considerations – Water Sensitive Urban Design I.98

Richmond Valley Development Control Plan 2012Table I9.2 Compliance Requirements for Residential Lots/Dual Occupancies:Water QualityImpermeable areaRoof areaDriveways wherethe impermeablepaved surfaceinside the propertyboundary exceeds30 m 2 . This appliesto lots under 800 m 2only. There are norequirements forlots > 800 m 2RequirementsOne or more of the following must be installed:‣ Roof water or stormwater tank at least 5,000 L per dwellingharvestable volume capturing at least 50 % of roof area; and/or‣ Infiltration Device/s with upstream sediment filter capturing atleast 80% of total dwelling roof area; and/or‣ Bio retention device with upstream sediment filter capturing atleast 80% of total dwelling roof area; or‣ Other treatment measure where it can be demonstrated by theproponent to the satisfaction of Council that the Objectives andPerformance targets of this section are met.Note. Council may specify treatment measures or restrict the treatmentmeasures available in certain areas.One or more of the following must be installed:‣ At least 80% of total impermeable area diverted to either• infiltration device/s with upstream sediment filter; and/or• bio retention device/s with upstream sediment filter; and/or• grassed / vegetated filter strip; and/or• stormwater tanks with upstream sediment filter.‣ Other treatment measure where it can be demonstrated by theproponent to the satisfaction of Council that the Objectives andPerformance targets of this section are met.Note. Council may specify treatment measures or restrict the treatmentmeasures available in certain areas.(d) Subdivision, Commercial, Industrial, Tourism and OtherDevelopment to which this Policy AppliesThe following additional requirements apply:‣ Development must demonstrate adherence to the objectives and targetsof this policy by:• Undertaking a Stormwater Management Plan where requested.• Achieving water quality targets by utilising water quality treatmentdevices in a method consistent with the waste managementhierarchy, stormwater treatment train and principles of WaterSensitive Urban Design as described in Section I9.2 of this Chapter.‣ At least 80% of the total impermeable area of a site must be treated tothe targets specified.I9.5 Stormwater Generation(1) PreambleUrban development results in significant increase to the level ofimpermeability and subsequently massive increases in the volumes ofstormwater being generated and stormwater peaks. The creation of hardsurfaces also increases stormwater velocities. These increases result in:Part I – Other Considerations – Water Sensitive Urban Design I.99

Richmond Valley Development Control Plan 2012‣ Increases in erosion as a result of peaks, velocities and increases in thenumber of bank full events.‣ Increases in nuisance flooding, flash flooding, property damage and riskto public safety.‣ Increase contaminant loading due to increased runoff volumes andreplacement of vegetated filters with concrete systems.‣ Aquatic biodiversity decline as communities become disrupted as aresult of frequent and elevated stormwater pulse events.‣ Increased demand for drainage infrastructure and treatment devices.(2) ObjectivesThe objectives of element are to:‣ To maintain the sites mean stormwater volumes, peak flow rates, andrunoff event frequency as near as reasonable to sites originalcharacteristics.‣ To reduce flooding, property damage, and risk to public safety todownstream areas as a result of increased impermeability, increaserunoff volume and changes to drainage line upstream.‣ To protect receiving environments from the impacts of changes tostormwater characteristics.(3) Performance TargetsPerformance requirements for stormwater volumes and drainage are providedin Table I9.3Table I9.3 Stormwater TargetsElementPeak flowrates (m3/s)Mean annual stormwater postdevelopment volumes (ML/yr).TargetThe following targets apply:‣ Flowrates at any point are not to increaseduring storms for the 2 and 5 year ARIevent; or‣ As specified within specific drainage subcatchment policy recognised by Council; or‣ As specified within Council standards.The following targets apply‣ Mean annual stormwater volumes reducedby at least 10 % from baseline; or‣ As specified within specific drainage subcatchment policy recognised by Council; or‣ As specified within Council standards.(4) Variations to TargetsCouncil may vary those targets from above where:‣ Environmental or infrastructure factors require alternate performancetargets; or‣ A Masterplan, Integrated Urban Water Management Plan, StormwaterManagement Plan, Estuary Management Plan, Threatened SpeciesPart I – Other Considerations – Water Sensitive Urban Design I.100

Richmond Valley Development Control Plan 2012Recovery Plan or other council, State or Federal policy document hasidentified alternate performance targets.(5) Policy RequirementsThe following measures are required to be implemented to meet thePerformance Targets and Objectives of this policy.(a) All Applicable Development‣ The Targets, as specified in I9.3, must be met for all applicabledevelopment covered by this policy.‣ All measures are required to be implemented and certified prior to theissuing of a final occupancy certificate or Subdivision certificate (asapplicable).‣ The selection, installation and location treatment devices must take intoaccount the ability to access, maintain and inspect the device in itsoperational condition by the householder, site owner and/or regulatoryauthorities as applicable.‣ All treatment measures are to be designed, installed and maintained inaccordance with Council, or relevant authority, requirements.(i) Restrictions of treatment measures in certain instances.‣ Council may specify alternate requirements, alternate performancetargets, exclude or specify treatment measures where:• Physical site conditions in a development area such as soilpermeability, slope, soil types and groundwater limit the optionsavailable.• Environmental or infrastructure factors in a development arearequire an alternate standard of performance to that listed in thispolicy.• A Masterplan, Integrated Urban Water Management Plan,Stormwater Management Plan, Water Efficiency Plan, EstuaryManagement Plan, Threatened Species Recovery Plan, Councilpolicy document or other approved policy exists for an area whichhas specified alternate treatment measures or performancestandards for the development area.• Design guidelines, as recognised by Council, indicate that thedevice is not suitable for the site constraints.• The device does not meet local, State or Federal government publichealth criteria.(ii) Pumps and Noise‣ Where pumps are used to supply water from a collection and re-usedevice (eg roofwater tank, stormwater, reclaimed water) then noisemitigation measures are to be put in place to ensure that the device doesnot breach legislative requirements and standards.‣ The noise mitigation measures are to be submitted to Council prior toapproval.‣ All connections to be undertaken by qualified plumber and electrician.Part I – Other Considerations – Water Sensitive Urban Design I.101

Richmond Valley Development Control Plan 2012(b) Additions & Change of useThe following additional requirements may apply for additions and change ofuse:(i) For Development Other Then Residential Development‣ If it cannot be demonstrated that a change of use or addition will notresult in a significant increase to stormwater and/or pollution generationthen Council may require:• measures to be incorporated to off set any increase in stormwaterand/or pollution generation.• a Stormwater Management Plan.(ii) For Residential Development‣ Council may require measures to meet the requirements of aThreatened Species Recovery Plan, Integrated Urban WaterManagement Plan, Stormwater Management Plan or other Council,State or Federal policy where the addition or redevelopment mayimpinge upon the objectives and/or targets of that policy.(c) Residential Development (Individual dwellings, duplexes and units)The following additional requirements apply:‣ Residential lots and duplexes must meet targets through theimplementation of measures as indicated in I9.4.‣ Larger residential development may be required to undertake aStormwater Management Plan and demonstrate compliance with thetargets of this element.Part I – Other Considerations – Water Sensitive Urban Design I.102

Richmond Valley Development Control Plan 2012Table I9.4 Compliance Requirements for Residential Lot/Duplex: StormwaterImpermeable areaRoof areaRequirementsOne or more of the following must be installed:‣ Roof water or stormwater tank at least 5,000 Litres harvestablevolume capturing at least 50 % of roof area; and/or‣ Infiltration Device/s with upstream sediment filter capturing atleast 80% of total dwelling roof area; and/or‣ Bio retention device with upstream sediment filter capturing atleast 80% of total dwelling roof area; or‣ Other treatment measure where it can be demonstrated by theproponent to the satisfaction of Council that the Objectives andPerformance targets of this section are met.Note. Council may specify treatment measures or restrict the treatmentmeasures available in certain areas.Driveways where the One or more of the following must be installed:impermeable pavedsurface inside theproperty boundaryexceeds 30m 2 . Thisapplies to lots under800m 2 only. There areno requirements for lots> 800m 2‣ At least 80% of total impermeable area diverted to either• infiltration device/s with upstream sediment filter; and/or• bio retention device/s with upstream sediment filter; and/or• grassed / vegetated filter strip; and/or• stormwater tanks with upstream sediment filter.‣ Other treatment measure where it can be demonstrated by theproponent to the satisfaction of Council that the Objectives andPerformance targets of this section are met.Note. Council may specify treatment measures or restrict the treatmentmeasures available in certain areas.(d) Subdivision, Commercial, Industrial, Tourism and OtherDevelopment to which this Policy AppliesThe following additional requirements apply:‣ A Stormwater Management Plan may be required to be submitted.‣ Development must demonstrate adherence to the objectives and targetsof this policy by reducing stormwater volumes, peaks and velocities in amethod consistent with the waste management hierarchy and principlesof Water Sensitive Urban Design as described in section I9.3.‣ The harvesting of stormwater and roofwater for non potable uses shouldbe used where possible as a method of reducing stormwater volumes,reducing stormwater peaks, reducing stormwater contaminants, andconserving potable water supplies.‣ Infiltration and detention should be encouraged within the design.Measures may include, but are not limited to:• Hard areas such as roads and streetscape parking areas can bedesigned so as to detain stormwater to decrease flow peaks.• Open space areas, such as parks and landscaped areas, should beprovided with a dual function to infiltrate and detain stormwaterwhilst incorporating public safety considerations.Part I – Other Considerations – Water Sensitive Urban Design I.103

Richmond Valley Development Control Plan 2012• The sites natural infiltration and detention features should beutilised where practical. This includes retaining key vegetationfeatures to slow down water movement.• Infiltration and detention should be used in the conveyance systemwhere possible.• Using driveways and culverts as check dams may slow downstormwater in the conveyance system and encourage infiltration.‣ Infiltration, retention and detention system should be designed with dualpurpose where possible. When implementing dual purpose adequatecontrols and signage must be provided to protect public safety.Examples of dual purpose include, but are not limited to:• Sports fields and detention areas.• Landscaping and infiltration areas, detention, retention ponds.• Car park areas and detention.• Open space, parkland and infiltration, detention areas and ponds.‣ The creation of impermeable area and increases to stormwatergeneration should be reduced as much as practical. Measures mayinclude, but are not limited to:• Road widths should be kept to the minimum required by Councilspecifications.• Porous/ permeable pavers should be used where site conditionsallow for pedestrian, light vehicles traffic areas, street car parkingand footpaths.• Using natural drainage designs and existing site features instead ofpiped and concreted drainage features where site conditions allow.• Develop a train of stormwater treatment from the lot level to streetsystem to discharge from the development.‣ Increases to stormwater velocities via concentration and channelling offlow should be avoided as much as practical. Measures may include, butare not limited to:• Allowing stormwater to sheet flow over vegetated filter strips toencourage infiltration, decrease velocities and treatment beforeentry into the conveyance system.• Use natural drainage designs and existing site features instead ofpiped and concreted drainage features where site conditions allowto reduce stormwater velocities and encourage infiltration.• Streets should be designed so that they run parallel to the gradientof slopes where practical. Having long sections of street runningdirectly down a slope should be avoided where practical.‣ Significant topographical features, vegetation features and naturaldrainage features should be retained where possible.‣ Energy dissipaters should be provided at the outlets from all formeddrainage systems where an outlet exits to a water body, dunal system,bushland, area of erosive soils, bio retention device, grass swale,infiltration area, wetland, vegetated filter strip or other easily disturbedenvironment.Part I – Other Considerations – Water Sensitive Urban Design I.104

Richmond Valley Development Control Plan 2012I9.6 Riparian areas, Habitat corridors,Vegetation and Landform(1) PreambleOne of the key features of Water Sensitive Urban Design is to retain existingvegetation and landform features. This assists in reducing the impacts offlooding in urban areas by providing storage. Vegetation corridors assist ininfiltrating, detaining and treating stormwater, maintaining water balance andproviding aesthetics. Riparian vegetation in particular plays a crucial role intreating overland flow. The retention of vegetation along waterways andmaintenance of habitat corridors is critical to maintaining biodiversity.Providing links allows flora and fauna to move through area’s preventinglocalised extinctions.The maintenance of an area’s landform is also important. Cut and fill at the lotlevel increases soil disturbance and increases the likelihood of erosion andsedimentation. Alteration of the sites topography also results in changes tooverland flow paths, increases the risk of nuisance flooding to downstreamand neighbouring properties, and in a worse case may contribute todestabilising an area.(2) ObjectivesThe objectives of element are to:‣ To maintain habitat connectivity for critical areas and species.‣ To reduce declines in biodiversity.‣ To maintain vegetation which may assist in treating stormwater andproviding habitat.‣ To undertake revegetation in a manner so as to maintain habitatconnectivity.‣ To reduce erosion and sedimentation as a result of site destabilisationfrom cut and fill.‣ To reduce flooding, property damage, and risk to public safety todownstream areas as a result of changes to drainage pathways or landslippage.(3) Performance TargetsPerformance requirements for vegetation and landform are provided in TableI9.5.Part I – Other Considerations – Water Sensitive Urban Design I.105

Richmond Valley Development Control Plan 2012Table I9.5 Riparian Vegetation, Habitat Corridor and Landform TargetAspectTargetRiparian vegetationbuffer zonesWetlandzonesbufferLittoral Rainforestbuffer zonesHabitat corridorbuffer zonesLandformThe following targets apply:Upstream catchment area (ha) ofdrainage line, creek, stream orriver< 100ha nil> 100ha and < 500ha 10m> 500ha and 1,000ha and 5,000ha and 10,000ha 50mEnvironmentally Sensitive50m buffer from the high water mark of any wetland50m buffer from any littoral rainforest50m or as defined within anapproved plan or recognisedstudy for an areaVegetation corridors maintained in accordance with an approvedplan or policy for the areaCut and fill limited to 2m in total for individual lots(4) Variations to TargetsCouncil may vary those targets from above where:‣ Environmental or infrastructure factors require alternate performancetargets; or‣ A Masterplan, Estuary Management Plan, Stormwater ManagementPlan, Integrated Urban Water Management Plan, Threatened SpeciesRecovery Plan or other Council, State or Federal policy document hasidentified alternate performance targets.(5) Policy Requirements(a) All Applicable Development‣ The following measures are required to be implemented to meet thePerformance Targets and Objectives of this policy.‣ Cut and fill is restricted to the targets of this policy.‣ Buffer zones are to be left undisturbed in accordance with the targets ofthis policy.‣ Where possible street and lot layout should be undertaken so thathabitat is retained and connected to remnant habitat in adjoining areasoutside of the immediate boundaries of the proposed development.Part I – Other Considerations – Water Sensitive Urban Design I.106

Richmond Valley Development Control Plan 2012‣ Vegetation and topography should be retained along the sites naturaldrainage lines to a width of at least 5m either side of the mean watermark.‣ Council may require reinstatement of riparian vegetation where identifiedby an existing policy, approved masterplan, estuary management plan,threatened species recovery plan, or in or neighbouring anenvironmentally sensitive area.‣ Species selection for landscaping and vegetation reinstatement shouldbe locally endemic species and ideally utilising seed stock from the area.‣ The retention or reinstatement of vegetation and provision habitatconnectivity should be undertaken with dual purpose such as parkspace, detention / infiltration basins, water treatment (filter strip) asappropriate.‣ Landscaping and vegetation reinstatement should be undertaken toprovide habitat connectivity with remnant vegetation in adjoining areas,outside the boundaries of the development area, where possible.I9.7 Construction, Erosion and SedimentControl(1) PreambleThe construction/building phase can deliver significant impacts on theenvironment predominantly through the physical removal of vegetation anddisturbance of soil. Off site environmental impacts may also result due to theinappropriate storage of machinery, materials and waste products.Compaction of infiltration areas may result due to vehicles traversing an area.Streambank and/or habitat disturbance may result with the inappropriateremoval of vegetation and failure to prevent access to easily disturbed areas.The staging and planning of construction and building works is imperative forsuccessful sediment and erosion control and site rehabilitation.(2) Objectives‣ To protect water quality from impacts during the construction phase.‣ To protect key vegetation during the construction phase.‣ To protect the site’s natural properties, such as soil permeability, fromcompaction.‣ To ensure construction waste is managed appropriately.‣ To stage ground disturbance and progressively revegetate the site toreduce the area contributing sediment.(3) Performance targetsPerformance requirements fare provided in Table I9.6.Part I – Other Considerations – Water Sensitive Urban Design I.107

Richmond Valley Development Control Plan 2012ElementTable I9.6 Construction, Erosion and Sediment Control TargetsSuspended Soils andTurbidityMotor fuels, oils and otherchemicalsTargetSoil Types Type D (dispersible) and Type F (fine)‣ Suspended Solids concentration not to exceed 50 mg/L for all 5day rainfall totals up to the 75th percentile event.Soil Type C (Coarse)‣ Suspended Solids not to exceed 50 mg/L for all flow events up to50% of the 1 year ARI flow.‣ Minimise soil erosion and discharge of sediment by theappropriate design, construction and maintenance of erosion andsediment control measures.‣ Employ all practical measures to minimise soil erosion and thedischarge of sediment in storm events exceeding the designstorms specified.‣ All motor fuels, oils and other chemicals are stored and used onsite in a manner which ensures no contamination of stormwater.‣ No incidents of visible pollution leaving the construction site.Litter ‣ No litter placed in a position where it may be blown of washed offsite.‣ No incidents of visible pollution leaving the construction site.Vegetation Management ‣ No incidents of damage to retained vegetation duringconstruction.‣ No incursion into vegetation buffer areas during construction.‣ A staged program exists to revegetate the site.Treatment Areas ‣ Protection of existing or planned treatment/infiltration areas suchas grass swales during construction.(4) Variations to TargetsCouncil may vary those targets from above where:Environmental or infrastructure factors require alternate performance targets;orA Masterplan, Integrated Urban Water Management Plan, or other Council,State or Federal policy document has identified alternate performance targets.(5) Policy Requirements(a) All Applicable DevelopmentThe following measures are required to be implemented to meet thePerformance Targets and Objectives of this policy.‣ All applicable development must meet the targets of this element duringthe construction phase.(i) Erosion and Sediment Control and Soil and Water Management Plans‣ An erosion and sediment control plan is required:• Where the area of disturbance is between 250 m 2 to 2500 m 2 .• Where the area of disturbance is under 250 m 2 but the slope of thesite exceeds 18 o .Part I – Other Considerations – Water Sensitive Urban Design I.108

Richmond Valley Development Control Plan 2012‣ An Soil and Water Management Plan is required the area of soildisturbance exceeds 2,500 m 2 .(ii) Erosion and Sediment Control‣ All erosion and sediment control measures are to be installed prior to thecommencement of any work, including cutting and filling.‣ All sediment control measures are to be constructed to prevent sedimentfrom leaving the site or entering downstream properties, drainage linesor watercourses.‣ Disturbance of the site must only occur on areas indicated in theapproved plans.‣ A sediment control fence must be installed at the downslope perimeter ofthe disturbed area to prevent sediment and other debris from leaving thesite.‣ Direct up slope runoff around the site, by use of a diversion bank orchannels. These devices may require measures to control erosiondepending on the volume of flow anticipated.‣ When roof structures and piped or artificial stormwater systems are inplace, discharge water is to be managed in a manner that reduces thelikelihood of erosion. On completion of the roof area of a building,guttering and downpipes are to be connected to the stormwater system.‣ The stormwater system must prevent sediment from being eroded fromthe site and deposited downstream.‣ All erosion and sediment control measures are to be regularlymaintained in good working order at all times and inspected foradequacy following any rainfall event.‣ All disturbed areas are to be made erosion resistant by revegetation,turfing or stabilised by paving on completion of the works.(iii) Stockpiles, storage and waste management‣ Stockpiles of erodible materials (sand, soil, spoil and vegetation) mustbe protected by a sediment fence or bund and temporary cover such asa tarp of vegetated if the stockpile will be stored on site for an extendedperiod of time.‣ No construction materials, building materials, fill material, chemicals,waste, bins, skips or other, are to be stored either in the gutter, footpath,drainage line or outside of the site boundary.‣ Petroleum and other chemical products must be prevented from enteringthe stormwater system or contaminating the soil.‣ Impervious bunds must be constructed around all fuel, oil or chemicalstorage areas with an enclosed volume large enough to contain 110% ofthe volume held in the largest tank.‣ Waste on site is to be stored in a manner which:• Prevents rainwater entry.• Has stormwater diverted around it to prevent contamination ofsurface waters.• Prevents wind blown litter from escaping.Part I – Other Considerations – Water Sensitive Urban Design I.109

Richmond Valley Development Control Plan 2012‣ Adequate trade waste and litter bins must be provided onsite andserviced regularly.‣ Concrete wastes or washings from concrete mixers must not bedeposited in any location where those wastes or washings can flow, orcan be washed into any areas of retained vegetation or receiving waters.(iv) Vehicle access‣ For individual dwellings vehicular access is to be restricted to onestabilised access point. Location will be identified on the Erosion andSediment Control Plan submitted to Council.‣ For larger Subdivision works vehicular access must be confined to amaximum of two locations or as agreed with Council. Such locations willbe shown on the Soil and Water Management Plan or Erosion andSediment Control Plan.‣ Access to construction sites of 1 hectare or more, shall be fitted with ashakedown device.‣ The shakedown device shall be located along the haul route,immediately before the intersection with the public road.‣ Regular maintenance of shake down devices is required to ensure nomaterial is deposited on public roads.‣ Should material be deposited on any public street, it shall be swept upand removed before the end of that working day.‣ If after using shakedown device, material is still adhering to truck wheelsand being deposited on public roads, a wheel washing device must beinstalled and used at site exit locations to ensure no further material iscarted off site and deposited on public roads.‣ Runoff from access surfaces must be drained into an adjacent sedimenttrapping device before leaving the site. Where appropriate, devices toremove soil particles from vehicles must be placed at site exit locations.‣ On subdivision work, priority must be given to road and shoulderstabilisation based on erosion hazards.‣ On subdivision work newly sealed hard stand areas must be sweptthoroughly after sealing/surfacing to prevent excess aggregate or gravelentering street drains.(v) Protection of Stormwater Treatment Areas and Existing Infrastructure‣ Existing or planned stormwater treatment areas such as Infiltration,grass swale or bio filtration areas are to be clearly marked and identifiedas no go areas. No materials are to be stockpiled in these areas.Vehicles are not to traverse the area or be parked in the area. The siteshould be kept free from heavy pedestrian use to maintain infiltrationproperties.‣ The footpath or nature strip adjoining construction and building sitesmust not be disturbed by construction activities other than shown on theplan for:• access to the site;• installation of services;• other works specifically approved by Council.Part I – Other Considerations – Water Sensitive Urban Design I.110

Richmond Valley Development Control Plan 2012(vi) Vegetation Removal and Protection‣ No vegetation is to be removed prior to approval of Council to start workon any stage, and not before the approved sediment control measuresare in place.‣ Vegetation removal is to be staged to avoid the complete removal ofvegetation on site, and allow the regeneration of vegetation cover.‣ For Subdivision works a plan must be undertaken which shows thestaging of vegetation removal, vegetation retention, “no go” areas andregeneration works.‣ The removal or disturbance of native trees, shrubs and ground coversshall be minimised.‣ Vegetation which is to remain on site is to be clearly marked and fencedoff. The immediate areas around vegetation to be retained is to be keptfree of vehicle storage, vehicle thoroughfare and material storage.‣ Retained vegetation and buffers must be protected by a suitable fencebarrier. Fenced areas shall be clearly signposted “No Access Area”.‣ Where practical vegetative debris must be salvaged either as logs orwoodchip for later reuse to control erosion or to rehabilitate the site. Nonsalvageable material, such as stumps and roots, may be removed.‣ Water body buffer zones are to be clearly marked and identified as no goareas. No materials are to be stockpiled in buffer zones. Vehicles are notto traverse or be parked in the buffer zone. The site should be kept freefrom pedestrian use.Part I – Other Considerations – Water Sensitive Urban Design I.111

Richmond Valley Development Control Plan 2012I10. CPTED—Crime Prevention throughEnvironmental DesignCrime Prevention through Environmental Design (CPTED) utilises crimeprevention strategies that focus on planning, design and structure of individualdevelopment which ultimately promote safer towns and neighbourhoods.CPTED serves to implement design and place management principles toreduce the likelihood essential crime ingredients from intersecting in the builtenvironment; offenders, potential victims/ targets and opportunities. Thefollowing section of the DCP is adapted from Safer by Design guidelinesprovided by the NSW Police Force.This section provides more detail than those provided elsewhere within theDCP however comprehensive guidelines should be sought from the NSWPolice Force. The general principles contained here and in the publicationslisted below should be used to provide guidance when preparing andassessing more comprehensive developments within Richmond Valley. It isunlikely minor developments such as single dwellings and dual-occupancieswill require more than those provided within the relevant DCP sections forthose purposes, however larger developments will require more detailedguideline adherence and may require referral to the Police for comment.The NSW Police assessment tools Safer By Design Evaluation and aCompanion to the Safer By Design Evaluation are based upon Australian RiskManagement Standard 4360:1999. The Safer By Design Evaluation processthat identifies and quantifies crime hazards and location risk. The evaluationmeasures include crime likelihood (statistical probability), consequence (crimeoutcome), distributions of reported crime (hotspot analysis), socio-economicconditions (relative disadvantage), situational hazards and crime opportunity.At the time of writing the DCP these publications were the most recentguidelines and any later revised publications or new guidelines should besought from the NSW Police Force.I10.1 CPTED ObjectivesCPTED generally tries to minimise crime opportunities by:‣ Maximising risks to offenders (increasing the likelihood of detection,challenge and apprehension);‣ Maximising the efforts required to commit crime (increasing the time,energy and resources required to commit crime);‣ Minimising the actual and perceived benefits of crime (removing,minimising or concealing crime attractors and rewards); and‣ Minimising excuse making opportunities (removing conditions thatencourage/facilitate rationalisation of inappropriate behaviour).Part I – Other Considerations – CPTED I.113

Richmond Valley Development Control Plan 2012I10.2 CPTED Principles(1) Territorial ReinforcementCommunity ownership of public space sends positive signals to thecommunity. Places that feel owned and cared for are likely to be used,enjoyed and revisited. People who have guardianship or ownership of areasare more likely to provide effective supervision and to intervene in crime thanpassing strangers and criminals rarely commit crime in areas where the risk ofdetection and challenge are high. Effective guardians are often ordinarypeople who are spatially ‘connected’ to a place and feel an association with,or responsibility for it.Territorial Re-enforcement uses actual and symbolic boundary markers,spatial legibility and environmental cues to ‘connect’ people with space, toencourage communal responsibility for public areas and facilities, and tocommunicate to people where they should/should not be and what activitiesare appropriate.(2) SurveillancePeople feel safe in public areas when they can see and interact with others,particularly people connected with that space, such as shopkeepers oradjoining residents. Criminals are often deterred from committing crime inplaces that are well supervised.‣ Natural surveillance is achieved when normal space users can see andbe seen by others. This highlights the importance of building layout,orientation and location; the strategic use of design; landscaping andlighting – it is a by-product of well-planned, well-designed and well-usedspace.‣ Technical/mechanical surveillance is achieved throughmechanical/electronic measures such as CCTV, help points andmirrored building panels. It is commonly used as a ‘patch’ to superviseisolated, high risk locations.‣ Formal (or Organised) surveillance is achieved through the tacticalpositioning of guardians. An example would be the use of on-sitesupervisors, e.g. security guards at higher risk locations.(3) Access ControlAccess control treatments restrict, channel and encourage people andvehicles into, out of and around the development. Way-finding, desire-linesand formal/informal routes are important crime prevention considerations.Effective access control can be achieved by using physical and symbolicbarriers that channel and group pedestrians into areas, therefore increasingthe time and effort required for criminals to commit crime.‣ Natural access control includes the tactical use of landforms andwaterways features, design measures including building configuration;formal and informal pathways, landscaping, fencing and gardens.‣ Technical/Mechanical access control includes the employment ofsecurity hardware. Crime, Design and Urban Planning: From theory toPart I – Other Considerations – CPTED I.114

Richmond Valley Development Control Plan 2012Practice Formal (or Organised) access control includes on-siteguardians such as employed security officers.‣ Formal (or Organised) access control includes on-site guardians such asemployed security officers.(4) Space/Activity ManagementSpace/Activity Management strategies are an important way to develop andmaintain natural community control. Space management involves the formalsupervision, control and care of the development. All space, even wellplanned and well-designed areas need to be effectively used and maintainedto maximise community safety. Places that are infrequently used arecommonly abused. There is a high correlation between urban decay, fear ofcrime and avoidance behaviour.I10.3 Design standards/controls - CPTED(1) Developments which require CPTED Principles to be appliedThis plan applies to all land in the Richmond Valley Local Government Area.Applicants are advised to contact our Development Assessment staff to clarifywhether this plan will apply in their specific situation. If it does, the Statementof Environmental Effects and site analysis that accompany the developmentapplication should address this plan. A security management plan may berequired to be submitted with the development application. The securitymanagement plan should set out all relevant methods to be used to preventcrime and improve safety of the development.The following types of development proposals are required to be referred tothe NSW Police Force for comment. The following list is not comprehensive,and the decision as to whether a proposed development is required to besubmitted for police comment lies with the consent authority.‣ Multiple units, townhouse/villa developments (20 or more)‣ Mixed use developments (with 20 or more dwellings)‣ New or upgraded commercial/retail developments (major work)‣ New industrial complex (ie multiple industrial units)‣ New or upgraded schools, child care centres and hospitals‣ Railway stations‣ Large sports/community facilities‣ Clubs/hotels, (ie extended hours, gaming rooms)‣ Service stations/convenience stores‣ Unusual developments (ie arcades, brothels, amusement centres,upgrade of Department of Housing properties/estates).The NSW Police will generally respond within 14 days of referral and therecommendations supplied will be taken into account when determining theapplication.Part I – Other Considerations – CPTED I.115

Richmond Valley Development Control Plan 2012(2) Suggested Application of CPTED Principles(a) Natural SurveillanceAvoid Blind Corners—'Blind corners' or concealed areas make people feeluneasy and unsafe. Not knowing 'what is around the next corner' candiscourage genuine users of a space to use and maximise it.‣ Avoid blind corners in pathways, stairwells, hallways and car parks.‣ Pathways should be direct. All barriers along pathways should bepermeable (see through) including landscaping, fencing etc.‣ Consider the installation of mirrors to allow users to see ahead of themand around corners.‣ Install glass panels in stairwells where appropriate.(b) Communal/Public AreasProvide natural surveillance for communal and public areas Naturalsurveillance of communal and public areas serves two main purposes:‣ Makes legitimate users of a space feel safe as they 'are not alone' in asecluded area. There is always the potential for someone to 'help' ifthere are any problems.‣ Deters illegitimate users as their presence in and misuse of the spacewill be rapidly noticed. A ‘positive feedback’ effect is created as peoplefeel safer using the area encouraging additional use.To achieve this:‣ Position active uses or habitable rooms within dwellings etc withwindows adjacent to main communal/public areas (eg playgrounds,swimming pools, gardens, car parks).‣ Communal areas and utilities (eg laundries and garbage bays) should belocated in areas where they may be naturally surveyed..‣ Where elevators or stairwells are provided, open style or transparentmaterials are encouraged on doors and/or walls of elevators/ stairwells.‣ Waiting areas and entries to elevators / stairwells should be close toareas of active uses, and should be visible from the building entry.‣ Seating should be located in areas of active uses.Part I – Other Considerations – CPTED I.116

Richmond Valley Development Control Plan 2012(c) Entry PointsProvide entries which are clearly visible.Prominent entrances allow:‣ Natural surveillance from street,‣ Users to feel safe and to easily access the area,‣ Emergency services to access the property rapidly.Entrances should be at prominent positions within development design, easilyaccessible from well lit street areas and within areas providing naturalsurveillance opportunities.Design entrances in such a way as to allow users to see in before entering.(d) FencingAlthough high fences may provide privacy, they restrict natural streetsurveillance from potential intruders. Fencing below one meter, or opendesign fencing allows for adequate privacy and adequate levels of naturalsurveillance.‣ Front fences should be predominantly open in design (eg pickets andwrought iron) or low in height. A sense of privacy can be increased bylight coloured fencing.‣ High solid front fences should have open elements above 1 metre.(e) LandscapingAvoid landscaping which obscures natural surveillance.As with 'blind corners' or general concealed areas, the large size of certainvegetation obstructs visibility and makes people feel uneasy and unsafe.Perceiving that something may be 'behind those bushes' can discouragegenuine use of a space.‣ Avoid medium height vegetation with concentrated top to bottom foliage.Plants such as low hedges and shrubs (1 to 1.2m high), creepers,ground covers or high canopied vegetation are good for naturalsurveillance.‣ Trees with dense low growth foliage should be spaced or have the crownraised to avoid a continuous barrier.‣ Use low ground cover or high canopied trees, clean trunked to a heightof 2 metres around children's play areas, car parks and along pedestrianpathways‣ Avoid vegetation that conceals the building entrance from the street.Part I – Other Considerations – CPTED I.117

Richmond Valley Development Control Plan 2012(f) LightingAdequate lighting is essential in making people feel safe and in deterringillegitimate users. Good lighting design should;‣ Allow people to be able to see ahead progressively into areas alongpaths and accessways,‣ (ii) Encourages legitimate users to use a facility after daylight hourswith the result their presence will deter potential illegitimate users,‣ Facilitates formal surveillance (by Police or security patrols).Care should be taken to ensure lighting does not produce glare or darkshadows. Entrances, exits, service areas, pathways, car parks etc. should bewell lit after dark when they are likely to be used.‣ Use diffused flood lights and/or movement sensitive lights.‣ Direct these lights towards access / egress routes to illuminate potentialoffenders, rather than towards buildings or resident observation points.‣ Lighting should have a wide beam of illumination, which reaches to thebeam of the next light, or the perimeter of the site or area beingtraversed. Avoid lighting spillage onto neighbouring properties as thiscan cause nuisance and reduce opportunities for natural surveillance.‣ As a guide, the areas should be lit to enable users to identify a face 15maway.‣ Use energy efficient lamps /fittings /switches to save energy.(g) Mixed Land UsesMixed land uses allow for natural surveillance of areas across a range ofhours and times (ie weekday or weekend, AM or PM). To the extent that allother provisions within this DCP allow, mixed land uses offer a way ofensuring surveillance of an area will promote increased use and security.‣ Locate shops and businesses on lower floors and residences on upperfloors. In this way, residents can observe the businesses after hourswhile the residences can be observed by the businesses duringbusiness hours.‣ Incorporate car wash services, taxi ranks, bus shelters, kiosks and otherfood vendors within car parks.‣ Include kiosks, food vendors and restaurants within parks.‣ Refer to the relevant planning instruments, public land registers andPlans of Management for permissible uses within areas to promoteincreased surveillance and use.(h) SecurityTraditional security related equipment will help make a space more difficult forintruders to break into, however its overuse may impinge on adequate levelsof natural surveillance.‣ Security grilles and security doors should be permeable (see through).‣ Avoid solid shutters on front windows and doors.Security grilles, shutters and doors should allow natural observation of thestreet and be sympathetic to the architectural style of the building.Part I – Other Considerations – CPTED I.118

Richmond Valley Development Control Plan 2012(i) Building IdentificationClear building identification prevents unintended access and assists personstrying to find the building - particularly emergency vehicles in an urgentsituation.‣ Street numbers should be at least 7cm high, and positioned between0.6m and 1.5m above ground level on the street frontage.‣ Street numbers should be made of durable materials, preferablyreflective or luminous, and unobstructed (eg by foliage).‣ Location maps and directional signage should be provided for largerdevelopment.Security grilles, shutters and doors should allow natural observation of thestreet and be sympathetic to the architectural style of the building.(j) MaterialsUse materials which reduce the opportunity for vandalism.‣ Strong, wear resistant laminate, impervious glazed ceramics, treatedmasonry products, stainless steel materials, anti-graffiti paints and clearover sprays will reduce the opportunity for vandalism. Flat or porousfinishes should be avoided in areas where graffiti is likely to be aproblem.‣ Where large walls are unavoidable, consider the use of vegetation oranti-graffiti paint. Alternatively, modulate the wall, or use dark colours todiscourage graffiti on vulnerable walls.‣ External lighting should be vandal resistant. High mounted and/orprotected lights are less susceptible to vandalism.‣ Communal/ street furniture should be made of hard-wearing vandalresistant materials and secured by sturdy anchor points or removed afterhours.(k) SpacesSpaces should be clearly defined to express a sense of ownership and reduceillegitimate use/entry.The definition of clear boundaries allows:‣ People to know when they are trespassing on private property.Part I – Other Considerations – CPTED I.119

Richmond Valley Development Control Plan 2012‣ Passers-by to clearly identify when someone is trespassing and illegallyusing the premises.‣ Create boundaries between public and private space.(l) Pride and InvolvementA sense of community pride in a particular area will help maintain an area andwill easily identify illegitimate behaviour.(3) Additional Application of CPTED Principles relating to ResidentialDevelopment design(a) Landscaping – Residential Development - CPTEDLandscaping can be an effective way of controlling/directing movement in anarea. Depending on the intention, it can either restrict or encourage people toaccess a particular area.‣ Vegetation can be used as barriers to deter unauthorised access Avoidlarge trees/shrubs and buildings works that could enable an intruder togain access to the dwelling or to neighbouring dwellings. Prickly plantscan be used as effective barriers. Species include bougainvilleas, roses,succulents, and berberis species.‣ Large trees, carports, skillion extensions, fences, and downpipes insituations can provide a means of access into yards or up to secondstorey windows or balconies.(b) Security – Residential Development - CPTEDTraditional security systems can be very effective in reducing illegitimateaccess. It is important however to be reasonable and not over secure alocation as this may make genuine users feel unsafe and even restrictlegitimate access.‣ Install quality locks on external windows and doors.‣ Install viewers on entry doors.‣ If security grilles are used on windows they should be open able frominside in case of emergencies.‣ Ensure skylights and/or roof tiles cannot be readily removed or openedfrom outside.‣ Consider monitored alarm systems.‣ Provide lockable gates on side and rear access ways.‣ Building supervisors or security guards may be a security considerationin larger unit developments, holiday units, caravan parks, etc or anydevelopment of the type listed in J3.3(1).‣ Ideally no more than two entry points to a dwelling.‣ Main entry doors should be fitted with a door viewer and door chain.(c) Ownership– Residential Development - CPTEDResearch indicates that well maintained and 'cared for' properties are lesslikely to experience crime.‣ Ensure the speedy repair or cleaning of damaged or vandalisedproperty.‣ Provide for the swift removal of graffiti.Part I – Other Considerations – CPTED I.120

Richmond Valley Development Control Plan 2012(4) Application of CPTED Principles relative to Public Services.(a) ATM, Help Points, Bicycle Storage, Public Phones, etc - CPTEDPublic services should be located in areas of high activity and generally inaccords with previous sections J3.3(2).‣ Public services should be located in highly visible areas that are well lit.‣ Locate public services away from possible places to hide, eg fire exits.‣ Avoid locating public services in recesses.‣ Design areas around ATM's to incorporate reflective materials so thatusers can observe people behind.‣ Consider conflicting uses when designing public space (e.g. do not put apublic phone or seat near an ATM as this provides a potential thief withan opportunity to loiter).Part I – Other Considerations – CPTED I.121

Richmond Valley Development Control Plan 2012I11. LUCRA—Land Use Conflict RiskAssessment – All Zones withparticular emphasis on Zones RU1,R5, RU5 and E3A wide range of issues can constitute land use conflicts and interface issues.Conflicts may arise within Richmond Valley between agricultural (and otherrural) practices [sources] and neighbouring occupants [receptors]. Managingpotential instances where land use conflict might occur is most desirablebefore real conflict becomes realised and untenable. Rural land conflict occursmost generally between rural agricultural practices and rural residential stylelandowners, however these conflicts can also occur on the fringe of urban andrural areas.Rural land use conflict issues most common on the North Coast of NSWinclude; absentee landholders, access, clearing, lack of co-operation, dogs,dust, poorly located dwellings, electric fences, general fence maintenance,firearms, heritage management, lighting, litter, noise, odours, pesticides,poisoning, pollution, smoke, bushfire maintenance, soil erosion, strayinglivestock, theft/vandalism, vegetation removal, trespass, visual amenity, water,and weed maintenance issues.I11.1 LUCRA ObjectivesThe objectives of this Chapter are:‣ To reduce the incidence and likelihood of land use conflict withinRichmond Valley.‣ To introduce methods and guidelines to reduce the likelihood andmanage existing land use conflict within the Local Government Area(LGA).‣ To reproduce current guidelines and ‘buffer distances’ (at the time ofDCP formulation) between conflicting land uses in accordance with bestpractice principles (Living and Working in Rural Areas – A handbook formanaging land use conflict issues on the NSW North Coast (LWRAHandbook)). ‘Buffer distances’ provided within this section of the DCPserve as a benchmark for proposed development within Richmondvalley, with some opportunity for modification or review based upondemonstrated exceptional circumstance.‣ To introduce the concept of Land Use Conflict Risk Assessment(LUCRA) as part of the development assessment process. Where it isdeemed necessary by the consent authority or consultant representingthe applicant, a LUCRA shall be provided alongside all other reportsprovided to support proposed development. Land use buffers providedhere and within the LWRA Handbook can be used to determine whetherland use conflict risk assessment need to be addressed in detail within aformal development application.Part I – Other Considerations – LUCRA I.123

Richmond Valley Development Control Plan 2012Living and Working in Rural Areas – A handbook for managing land useconflict issues on the NSW North Coast (LWRA Handbook) – is thepublication from which most guidelines have been reproduced here for thepurposes of this DCP. Further detail may be obtained from this publication cooperativelyproduced by the Northern Rivers Catchment ManagementAuthority, the NSW Department of Primary Industries, and the Southern CrossUniversity. Any subsequent publications replacing or improving upon theLUCRA concepts discussed here should be sought from these organisationsor their successors.I11.2 Design principles - LUCRAA LUCRA is not an alternative to placing proposed development outside of thebuffer distance of an existing landuse. The first choice for locating newdevelopment should always be outside of the buffer distance area for theproposed and neighbouring existing land-uses. A LUCRA should support theproposed siting of the new development based upon technical reasoning andmeasurements demonstrating land use conflict is unlikely to occur.(1) Circumstances where proposed development requires a LUCRA‣ A LUCRA is required where a proposed development for a particularland-use has a buffer distance which infringes upon nearby existingland-uses and/or development. Buffer distances of existing land uses,key environmental assets and/or development also trigger the need forLUCRA if the development proposed infringes existing landuse/development/keyenvironmental asset buffers. Buffer distances fordevelopment types are given within Tables I11.1, 2 & 3 below.‣ A LUCRA is also required if development is proposed with the vicinity ofan existing landuse which, due to extraordinary circumstances deemedby the consent authority, applicant or representing consultant for theapplicant, requires an increased buffer distance. In exceptionalcircumstances a buffer distance may be reduced based upon acceptedtechnical reasoning. Reduction of buffer distance could be based uponone or more of the relevant elements given below, however morecommonly these elements may increase buffer distances.(2) Buffer distances applied to proposed and existing land uses - LUCRA‣ Buffer distances may vary from those stated within the DCP as thedistances are based upon generic situations between proposals basedon local topographic, climate, environmental and social considerations.The minimum buffer distances do not apply to existing developmentsthat have already been approved. The conditions of consent placed onthese developments form the minimum standards that thesedevelopments should achieve.‣ Proponents, land owners and consultants undertaking conflict riskassessment will be required to reach consensus concerning the effortand detail should be applied to a LUCRA. The consent authority and anyother involved regulatory authorities should be consulted prior to thePart I – Other Considerations – LUCRA I.124

Richmond Valley Development Control Plan 2012lodgement of a formal application for a development requiring LUCRA todetermine the level and direction of detail required.I11.3 Design standards/controlsTable I11.1 Recommended Minimum Buffers (metres) for Primary Production(From Living and Working in Rural Areas – A handbook for managing landuse conflict NSW North Coast).Residential areas &Urban developmentRural dwellingsEducation facilities &pre-schoolsRural touristaccommodationWatercourses &wetlandsBores & wellsPotable watersupply/catchmentProperty boundaryRoadsPiggeries 1 Housing & waste storage 1000 500 1000 500 100 SSD 800 100 100Waste utilisation area 500 250 250 250 100 SSD 800 20 20Feedlots 2 Yards & waste storage 1000 500 1000 1000 100 SSD 800 100 100Waste utilisation area 500 250 250 250 100 SSD 800 20 20Poultry 3 Sheds & waste storage 1000 500 1000 500 100 SSD 800 100 100Waste utilisation area 500 250 250 250 100 SSD 800 20 20Dairies 4 Sheds & waste storage 500 250 250 250 100 SSD 800 100 100Waste utilisation area 500 250 250 250 100 SSD 800 20 20Rabbits 5 Wet shed, ponds & irrig. 300 150 150 150 100 SSD 800 50 50Waste utilisation area 120 60 120 60 100 SSD 800 20 20Other intensive livestock ops 6 500 300 500 300 100 SSD 800 100 100Grazing of stock 50 50 50 50 BMP SSD BMP NAI BMPSugar cane, cropping & hortic. 300 200 200 200 BMP SSD BMP NAI BMPGreenhouse & controlledenvironment horticulture 7 200 200 200 200 50 SSD SSD 50 50Macadamia de-husking 300 300 300 300 50 SSD SSD 50 50Forestry & plantations SSD SSD SSD SSD STRC SSD SSD BMP STRCBananas 150 150 150 150 50 SSD SSD BMP BMPTurf farms 8 300 200 200 200 50 SSD SSD BMP SSDRural industries (incl. feed millsand sawmills)1000 500 500 500 100 SSD SSD SSD 50Abattoirs 1000 1000 1000 1000 100 SSD 800 100 100Potentially hazardous or offensiveindustry1000 1000 1000 1000 100 SSD 800 100 100Mining, petroleum, production &extractive industries5001000*5001000*5001000*5001000*SSD SSD SSD SSD SSD* Recommended min. for operations involving blastingPart I – Other Considerations – LUCRA I.125

Richmond Valley Development Control Plan 2012NAI = Not an issue;SSD = Site specific determination (no standard buffer distance applies);BMP = Best management practice to apply given site circumstances. Buffer and/or management practice shouldrepresent duty of care to the environment and the public and include measures necessary to protect bank stability,maintain riparian vegetation and protect water quality. The incorporation of best management practice measures inproperty and farm plans is encouraged;STRC = Subject to relevant codes.Buffer distances represent the recommendations of the North Coast Land Use Conflict Working Group following asynthesis of existing guidelines and policy. In some cases, specific and relevant guidelines may require larger buffersor lesser buffers than those prescribed may be appropriate in the circumstances.Note 1 Subject to environmental assessment in accordance with National Environmental Guidelines for Piggeries (APL2004) and Assessment and Management of Odour from Stationary Sources in NSW (DEC 2006)Note 2 Subject to environmental assessment in accordance with NSW Feedlot Manual(NSW Agriculture 1997) or AProducers Guide to Starting a Small Beef Feedlot in NSW (NSW Agriculture, 2001) and Assessment and Managementof Odour from Stationary Sources in NSW (DEC 2006)Note 3 Subject to environmental assessment in accordance with NSW Poultry Farming Guidelines (NSW Agriculture1996), NSW Meat Chicken Guidelines (NSW Agriculture 2004), Assessment and Management of Odour fromStationary Sources in NSW (DEC 2006)Note 4 Subject to environmental assessment in accordance with NSW Guidelines for Dairy Effluent ResourceManagement – Draft (NSW Agriculture 2004), and Assessment and Management of Odour from Stationary Sources inNSW (DEC 2006)Note5 Subject to environmental assessment in accordance with Rabbit Farming: Planning and development controlguidelines (NSW Inter-Departmental Committee on Intensive Agriculture, 1999) and environmental assessment inaccordance with Assessment and Management of Odour from Stationary Sources in NSW (DEC 2006)Note 6 Subject to environmental assessment in accordance with Assessment and Management of Odour fromStationary Sources in NSW (DEC 2006) and any other relevant guideline or policyNote 7 Subject to environmental assessment in accordance with Guidelines for the Development of ControlledEnvironment Horticulture (NSW DPI 2005)Note 8 Subject to environmental assessment in accordance with Turf Farming – Guidelines for Consent Authorities inNSW (NSW Agriculture 1996)Table I11.2 Recommended minimum buffers (metres) for key environmentalassets (From Living and Working in Rural Areas – A handbook for managingland use conflict NSW North Coast)Residentialareas & UrbandevelopmentRural settlement& on-site wastesystemsEducationfacilities & preschoolsRural touristaccommodationNative vegetation/habitat 50 50 50 50Ecosystem & wildlife corridors 50 50 50 50Estuaries & major waterways 100 100 100 100Minor waterways 50* 50* 50* 50*Wetlands 100 50* 50* 50*State & regionally significant farmland 300 300 300 SSD* Site assessment is necessary as 50m buffer may be inadequate given groundwater, soil type, topographyad site factors.SSD = Site specific determination (no standard or simple buffer distances apply).Buffer distances represent the recommendations of the North Coast Land Use Conflict Working Groupfollowing a synthesis of existing guidelines and policy. In some cases, specific and relevant guidelines mayrequire larger buffers or lesser buffers than those prescribed may be appropriate in the circumstances.Part I – Other Considerations – LUCRA I.126

Richmond Valley Development Control Plan 2012(1) Types of Buffers - LUCRASeparation buffers are the most common and involve establishing a physicalseparation between land uses where conflict could arise. The aim of doing thisis to reduce the impacts of the uses solely by distance separation, rather thanby any physical means such as earthworks or vegetation planting. These canbe fixed separation distances or variable.‣ Fixed separation distances generally apply in the absence of evidencethat an alternate lesser buffer will be effective in the circumstances.‣ Variable separation distances are calculated based on the site specificcircumstances given factors such as the scale of the development, riskof conflict and risk to the adjoining environment have regard to acceptedprocedures for assessing these risks. The odour assessment process inNSW involving stationary sources is a form of a variable buffer as itvaries according to specifics of the development and the site. Biologicaland vegetated buffers are buffers created by vegetation planting andphysical landscaping works. They are most commonly designed toreduce visual impact and reduce the potential for airborne-createdconflict such as chemical spray drift and dust and can help provideenvironmental protection through vegetated filter strips and riparianplantings. Landscape and ecological buffers refer to the use of existingvegetation to help reduce the impacts from development. They aremostly used to protect a sensitive environment by maintaining orenhancing existing habitat and wildlife corridors.‣ Property management buffers refer to the use of alternative orspecialised management practices or actions at the interface betweenuses where the potential for conflict is high. The aim of these buffers isto reduce the potential of conflict arising in the first place. Examplesinclude siting cattle yards well away from a nearby residence to reducepotential nuisance issues, and adopting a specialised chemicalapplication regime for crops close to a residence or waterways with theaim of minimising off-site impacts on neighbours and the environment.(2) Other Statutory and Recommended Buffers - LUCRAThere are other statutory and recommended buffers that can apply to specificsites and situations. These include:‣ bushfire protection buffers‣ mosquito buffers‣ airport buffers‣ power line buffers‣ rifle range buffers‣ railway line buffers‣ cultural heritage buffers.(3) Other Recommended LUCRA Minimum Buffers (m) for other land usesThe following table provides some minimum (metres) buffer distances forvarious land uses such as Waste Facilities, Sewage Works, Dip Sites,Boarding Kennels, Stock Homes/stables and Effluent Re-use Areas.Part I – Other Considerations – LUCRA I.127

Richmond Valley Development Control Plan 2012Table I11.3 Recommended minimum buffers (metres) for other Land Uses(From Living and Working in Rural Areas – A handbook for managing landuse conflict NSW North Coast)Residential areas& UrbandevelopmentRural settlementEducationfacilities & preschoolsRural touristaccommodationWaste facilities 300 300 300 300Sewerage works 400 400 400 400Dip sites 1 200 200 200 200Boarding kennels 500 500 500 500Stock yards including cattle yards 200 200 200 200Stock homes/stables 2 SSD SSD SSD SSDEffluent re-use areas 3 SSD SSD SSD SSDSSD = Site specific determination (no standard buffer distances apply)Note 1 The Cattle Tick Dip Site Management Committee (DIPMAC) recommends a nominal 200metre radius assessment zone around cattle dip sites. Residential development proposed withinthis zone should be subject to a contaminated lands assessment to determine the extent ofcontamination and risks posed by contamination. The assessment and any proposedremediation works must also meet the requirements of State Environmental Planning Policy No55 – Remediation of Land. Urban encroachment onto working cattle dip sites is to be avoidedwhere possible.Note 2 Subject to assessment in accordance with NSW Department of Environment andConservation publication Environmental Management on the Urban Fringe – Horse Propertieson the Rural Urban Fringe, Best Practice Environmental Guide for Horses (2004).Note 3 Subject to assessment in accordance with NSW Department of Environment andConservation publication Use of Effluent by Irrigation (2003) or local policy as adopted byindividual councils.(4) Site Specific Factors LUCRA should consider (LWRA Handbook)‣ The nature of the land use change and development proposed. Amodest land use change is likely to create a different risk of land useconflict compared to a substantial and extensive land use change.‣ The nature of the precinct where the land use change and developmentis proposed. This provides an understanding of the context of theproposed change and development and may provide some insights intothe values and expectations of adjoining land owners and stakeholders.‣ The topography, climate and natural features of the site and broaderlocality which could contribute either to minimising or to exacerbatingland use conflict.‣ The typical industries and land uses in the area where the developmentis proposed. This provides for a broad test of compatibility with thedominant existing land uses in the locality.Part I – Other Considerations – LUCRA I.128

Richmond Valley Development Control Plan 2012‣ The land uses and potential land uses in the vicinity of the proposeddevelopment or new land use. Identifying and describing what’shappening within a minimum 1000m radius of the subject land anddevelopment site help to establish the specific land uses in the localitythat are most likely to have some effect on and be affected by theproposed land use or development. This description of surrounding landuses should include discrete land uses such as dwellings, schools, andpublic places as well as rural industry activities such as intensive animalindustries, cropping, agricultural processing industries, aquaculture,mining, petroleum production and extractive industries, plantations andfarm forestry.‣ Describe and record the main activities of the proposed land use anddevelopment as well as how regular these activities are likely to be. Noteinfrequent activities that are likely to create conflict with neighbouringland uses and be the source of neighbour disputes given our knowledgeof issues that can be a trigger for complaints and conflict.‣ Describe and record the main activities of the adjoining and surroundingland uses as well as how regular these activities are, including periodicand seasonal activities that have the potential to be a source ofcomplaint or conflict.‣ Compare and contrast the proposed and adjoining/surrounding landuses for incompatibility and conflict issues.Part I – Other Considerations – LUCRA I.129

Richmond Valley Development Control Plan 2012I12. Context and Site AnalysisI12.1 Design in ContextDevelopment that is designed in context enhances the sense of place,reinforces the role and character of localities and improves the quality of theenvironment for the community.When designing a development for a site it is essential to respond to the localand broader urban context by identifying the area’s defining elements. Thedesign should be informed by this.In order to understand this context, a site analysis should be undertaken as afirst step in preparing for a development. This should identify the opportunitiesand constraints of the site and create a platform from which to develop adesign. A site analysis demonstrates that the proposed development is thebest possible solution and makes the best contribution to its surroundings.The broader elements of a site analysis should include things such as:‣ Underlying urban structure e.g. the broad land use patterns, the spatialstructure‣ Subdivision and street patterns‣ Topography and landscape‣ Public domain‣ Transport and access‣ Building typologies eg. detached dwellings, residential flat buildings etc‣ Open space and water networks‣ Cultural, archaeological and physical heritage‣ Views and vistas.These elements should be considered in relation to the site and its area, butalso relative to the existing planning framework and controls.It is important to recognise that places and communities evolve over time andanticipation of spatial change needs to be balanced with existing themes,forms and patterns which have helped establish the character of the locality.I12.2 Site AnalysisAll development applications should submit a site analysis, exceptdevelopment applications for the purposes of:‣ Change of use‣ Minor alterations and additions, and‣ Swimming pools.The degree of detail required will vary according to the nature, type and scaleof the development and its surroundings. The level of detail required shouldbe clarified with Council.Part I – Other Considerations – Context and Site Analysis I.131

Richmond Valley Development Control Plan 2012A site analysis assessment should document the key opportunities andconstraints of a site and its surroundings and show how these, in conjunctionwith the provisions of this DCP have determined the final proposal for the site.Suburban contextLandform, topography, patterns ofsurroundingdevelopment,streetscape and built formRelative building massingPatterns of heightFigure I12.1 Site analysisContextual building designPart I – Other Considerations – Context and Site Analysis I.132

Richmond Valley Development Control Plan 2012The site analysis may include plans, sketches, photographs and supportingwritten information and should include the following information:Identifying Information‣ orientation‣ scale and north point‣ dateProperty Details‣ site dimensions, property boundaries and site area‣ easements for drainage, services and rights of carriagewayLandform and Vegetation‣ spot levels and contours‣ differences in ground levels on site as well as between the site andadjoining properties‣ existing vegetation on/or affecting the site, location, height, canopy coverand species types‣ important views - from the site and from adjoining land‣ identification of any contaminated soils on the site and extent of anyknown landfill‣ landscape features - cliffs, rock outcrops, embankments, retaining walls,foreshores‣ soil type and depth‣ flood liable land, existing means of stormwater drainage, existingstormwater detention systems, flow paths, drainage easements,watercourses, channels etc;‣ sun and shade characteristics‣ prevailing windsAccess‣ vehicle and pedestrian access to and from the site‣ public roads, laneways, pathways‣ on corner sites, the provision of a splay corner if required by Council‣ driveways, parking areas, loading bays on the site and within the vicinityof the site‣ public transport services (particularly for affordable housing, and housingfor seniors or persons with disabilities)Existing Development‣ existing buildings - on the site and on adjoining land. Show location,distance from the boundary, height, current use. Include elevationsshowing adjacent buildings‣ existing neighbourhood character, including the pattern of development,built form, building materials and colours, fencing and garden styles‣ overshadowing of and by adjoining buildingsPart I – Other Considerations – Context and Site Analysis I.133

Richmond Valley Development Control Plan 2012‣ fence and wall locations, heights, materials‣ swimming pools‣ privacy - adjoining private open spaces, doors and windows‣ street frontage features - poles, trees, kerbs, footpaths, crossings, streetfurniture‣ noise, odour and light spillage sources (e.g. main roads, railway lines,sports fields, air conditioning units, pool pumps, industrial areas)‣ heritage and/or archaeological features (indigenous and non-indigenous)on site and in the vicinity of the site include landscapes, buildings,conservation areas, special character areas‣ existing advertising signs.Assessment of Proposed DevelopmentIt is imperative that a site analysis include likely impacts of the proposeddevelopment and the measures proposed to mitigate these impacts. It shouldalso show where the site has been unable to incorporate the opportunities andconstraints of the site and the requirements of the DCP. Written and graphicalexplanations should be provided, for any site analysis, ultimately showing thesuitability of the site for the proposed use.Part I – Other Considerations – Context and Site Analysis I.134

Richmond Valley Development Control Plan 2012I13. Use of shipping containersThe use of shipping containers for any purpose requires development consentunless the shipping containers are fully located within a building as part of anapproved use, or are part of the operation of a freight transport facility orrelated approved activity.I13.1 ObjectivesThe objectives of this chapter are:‣ to protect the amenity and/or streetscape of a locality where shippingcontainers are granted development consent, and‣ to apply development controls through guidelines for the installation ofshipping containers.I13.2 Design principles(1) Permanent use of containers‣ Containers visible from public places should not be visually intrusivewhen viewed from that public place or from an adjacent property;‣ Containers are to be maintained in good condition and installed in astructurally stable manner;‣ Containers are not to be located over services or utilities; and‣ The use of the container must relate directly to and be ancillary to thepredominant lawful use of the property.(2) Temporary use of containers‣ Containers are located so as to minimise visual impact; and‣ Containers are used for temporary purposes for a time not exceeding sixmonths.I13.3 Acceptable solutions(1) Permanent use of containers‣ Containers are limited to two containers per property;‣ Containers are to be fully screened from a public place and anyadjoining property;‣ Containers are not to be stacked unless fully contained within a building;‣ Containers are to be maintained free of major rust, and painted in acolour consistent with other development on the site;‣ Containers are to be installed and tied down to a concrete slab orfoundation capable of supporting the combined weight of the containerand contents;Part I – Other Considerations – Shipping Containers I.135

Richmond Valley Development Control Plan 2012‣ Containers are not located within the front or side setback distances (asprovided for within the relevant zone—see Chapter I3);‣ Containers are not located over water, sewer or stormwater lines, orover an easement;‣ A means must be provided whereby persons within the container canexist the container, should is be closed from outside, OR an internalalarm is to be installed and maintained and regularly tested.(2) Temporary use of containers‣ No more than one container is used for temporary purposes;‣ The temporary purposes is not to exceed six months;‣ Containers are not located within front or side setback distances (asprovided for within the relevant zone—see Chapter I3);‣ Containers are in good condition, free of major rust and painted in acolour scheme consistent with other development on the site orsurrounding lands;‣ Containers are located so as to minimise visual intrusion to the publicrealm and adjoining properties;‣ Containers are only to be used in conjunction with an approved use ordevelopment on the land;‣ Containers are placed on hard-stand such as compacted gravel or thelike.I13.4 Alternative approaches and designsuggestionsAlternatives would be considered on merit but must be consistent with theperformance outcomes of this Chapter.Part I – Other Considerations – Shipping Containers I.136

Richmond Valley Development Control Plan 2012I14. Sex Services Premises, RestrictedPremises and Home Occupation(Sex Services)This section provides planning controls for the determination of developmentapplications and regulation of sex services premises, restricted premises andhome occupation (sex services) within the Richmond Valley Council area(RVC).Since the decriminalisation of sex services premises in 1995, local councilshave become the regulatory authority for legitimate businesses involving sexservices and shops. Sex services premises and shops cannot be excludedfrom any council area as it would be contrary to the intent of the 1995 reformsand does not uphold guiding EP&A Act principles discriminating againstlegitimate land uses.Council’s responsibility in relation to ‘sex services premises’ centres primarilyon land use planning under the Environmental Planning and Assessment Act1979. Responsibility for safe health practices in the workplace rests with theNSW Department of Health, while the WorkCover Authority is the primaryauthority regarding occupational health and safety issues in any workplace.Sex workers and brothel owners/proprietors must comply with Section 13 ofthe Public Health Act 1991. (Information given here was current at the time ofDCP creation – refer to these agencies and legislation for succeedingprovisions).It is likely that despite the controls provided here, sex services could beprovided within Richmond Valley by escort or outcall services operatedillegally and through means over which Council has no authority. Guidelinesare provided here to manage genuine applications for legal premises, providesome guidance for the application process, and outline steps Council maytake to control premises and activities operating illegally within premises.(1) DefinitionsExtract from the Richmond Valley Local Environmental Plan 2012Dictionarysex Service Premises means a building where sex services are provided (a brothel), but doesnot include a ‘home occupation’ (sex services).Restricted Premises means business premises or retail premises that, due to their nature,restrict access to patrons over 18 years of age, and includes sex shops and similar premisesbut does not include hotel or motel accommodation, a pub, nightclub, home occupation (sexservices) or sex service premise.home Occupation (sex services) means the provision of sex services in a dwelling or anybuilding ancillary to a dwelling, by no more than 2 permanent residents of the dwelling and thatdoes not involve:(a) the employment of persons other than those residents, or(b) interference with the amenity of the neighbourhood by reason of the emission ofnoise, traffic generation or otherwise, or(c) the exhibition of any signage, or(d) the sale of items (whether goods or materials), or the exposure or offer for sale ofitems, by retail,but does not include a home business or sex services premises.sex services means sexual acts or sexual services in exchange for payment.Part I – Other Considerations – Sex Services Premises I.137

Richmond Valley Development Control Plan 2012Other definitions used in this Chapter:Shop and Retail have the same purpose as that prescribed within the LEPdefinitions.Spruikers are persons located on the public way associated or employed bySex Service Premises, Restricted Premises or Home Occupation (sexservices) who seek to entice customers to enter the premises.Restricted Items include any publication and include any film, computergame or advertisement for such which are restricted for sale to personsover the age of 18 by Commonwealth or State legislation. In addition,restricted items here include any item offered for sale or hire which aredeemed to be unsuitable for persons aged less than 18 years of age dueto being:‣ overtly violent,‣ pornographic or‣ overtly sexual, sexually suggestive, abusive and/or lewd in nature.In addition items include those which may be deemed overtly sexual,suggestive and/or lewd in nature based upon legitimate complaintsreceived from the general public.Publication includes any written or pictorial matter as the meaning in theCommonwealth Act.Premises is a general term to mean any premises described within thissection requiring consent (Sex Service Premises, Restricted Premisesand Home Occupation (sex services)).I14.1 ObjectivesThe objectives of this section are to:‣ Regulate the location, operation and external appearance of sexservices premises, restricted premises (sex shops) and homeoccupation (sex services) to minimise any potential amenity and otherimpacts on the community.‣ Provide information to proponents and the general public as to therequirements and the responsibilities of regulatory authorities involvedwith the establishment and operation of sex service premises, restrictedpremises (sex shops) and home occupation (sex service premise) withinRichmond Valley.‣ To advise the type and quality of information required to be lodged with adevelopment application for a sex service premise, home occupation(sex service) or restricted premises (sex shop).‣ Outline circumstances and procedures to be followed, under whichCouncil may direct adherence to the guidelines set for sex relatedpremises and provide for procedures to enable the closure of sexservices premises, restricted premises and home occupation (sexservices) if required.‣ To ensure Sex Service Premises and Sex Shops are discretely locatedas to not be prominent within the streetscape and community in general.Part I – Other Considerations – Sex Services Premises I.138

Richmond Valley Development Control Plan 2012‣ Any signage associated with development provided for within thissection must be discrete and not cause offence to the general public ordraw unnecessary attention to services offered by the premises orbusiness.‣ To promote the occupational health, welfare and safety of workers in thesex industry by providing opportunity for legal business to be conductedsubject to regulated practise.‣ Provide for additional advertising and notification procedures.I14.2 Design standards/controls – SexService Premises(1) Location – Sex Service Premises(a) Richmond Valley Local Environmental Plan 2012Clause 6.15 of the Richmond Valley Local Environmental Plan 2012 (the LEP)provides for consideration of where sex service premises should be located.Extract from the Richmond Valley Local Environmental Plan 2012Clause 6.15 Location of sex services premises(1) The objective of this clause is to minimise land use conflicts and adverse amenity impacts byproviding a reasonable level of separation between sex services premises, specified land usesand places regularly frequented by children.(2) In deciding whether to grant development consent for development for the purposes of sexservices premises, the consent authority must consider the following:(a) whether the premises will be located on land that adjoins, is directly opposite or isseparated only by a local road from land:(i) in Zone RU5 Village, Zone R1 General Residential or Zone RE1 PublicRecreation, or(ii) used for the purposes of a child care centre, a community facility, a school ora place of public worship,(b) the impact of the proposed development and its hours of operation on any place likelyto be regularly frequented by children:(i) that adjoins the proposed development,(ii) that can be viewed from the proposed development, or(iii) from which a person can view the proposed development.This clause is a prescribed ‘model’ local provision for sex service premises.(b) Additional locational guidelines for Sex Service PremisesIn addition to the definitive LEP restrictions, this DCP provides guidance as tothe location, appearance and operation of Sex Service Premises withinRichmond Valley.‣ Sex Service Premises may only be located within the following zones (inaccordance with the LEP land use permissibility tables):• Zone B3 Commercial Core• Zone IN1 General IndustryPart I – Other Considerations – Sex Services Premises I.139

Richmond Valley Development Control Plan 2012In addition to the above zone restrictions, the following location limitationsapply:‣ Consent shall not be granted to development for the purpose of a SexService Premises unless Council is satisfied that the development willnot be adjacent to, adjoin, or be within 100 metres of:• an educational establishment frequented by minors,• a child care centre or residential care facility,• a recreational area,• any other place regularly frequented by children for recreational orcultural activities,• a place of public worship, funeral chapel or funeral home,• a hospital,• any land zoned for residential use (exception non-residential RU5 –Village)• any other Sex Services Premises or where consent has beengranted for such.Exceptional design standards may provide for relaxation of the aboverequirements, subject to demonstrated alternate means of shielding and/orseparation of the premises from nearby receivers of not less than 50 metres.Multiple Sex Service Premises will only be considered in an area if can bedemonstrated that conflict will not arise and that there will not be an excessivecongregation of premises leading to the creation of an undesirable precinctprecluding other legitimate land-uses.(2) External Appearance – Sex Service Premises‣ Premises must be compatible with the surrounding built form in order todiscretely blend into the streetscape and area. Colour selection forfinishes must not be garish and detail for decorative finishes shall besubdued in nature.‣ Entranceways for pedestrian and vehicle access shall be well lit,however must not form a prominent feature within the streetscape. Allaccess shall provide equitable treatment of users including disabilityaccess. A single main entrance for clientele shall be provided which isout of sight of the streetscape and the general public.‣ Sex workers or any sex related products shall not be displayed from anywindow or doorway of the premises. No signage or graphics shall bedisplayed on any exterior surface of the premises, apart from thatprescribed within the signage section below.(3) Operation Safety & Security (also see CPTED)‣ Sex workers or any sex related products shall not be displayed from anywindow or doorway of the premises. All activities, including the greetingof clientele, shall be confined to the interior of the building and shall notbe visible in any way or form from the outside of the premises.‣ Internal Car parking areas shall be well lit and signage visible within thepremise grounds shall be subtly lit and directional in nature only.‣ No spruikers of any kind shall operate within the road reserve, nor anyinternal car parking area, or on the land outside the building.Part I – Other Considerations – Sex Services Premises I.140

Richmond Valley Development Control Plan 2012(4) Car Parking - Sex Service Premises‣ On site car parking shall be provided at the rate of one space peremployee of the premises working at any time and one space per roomwhere sex services are to be offered as provided within the Statement ofEnvironmental Effects (the SEE) provided with the application. (SeeChapter I4 detailing car parking provisions).• Some reduction (up to 35%) in car parking provision may beconsidered if the applicant can demonstrate there is a provision ofadequate nearby on-street car parking which will not conflict withthe hours parking would be required by nearby land uses. Inaddition to providing this, the applicant must demonstrate there willbe no resulting impact and/or congestion of adjoining streets whichmay adversely affect adjoining properties or the amenity of thearea.‣ Car parking provided shall be easy for clientele to locate.(5) Signage – Sex Service Premises‣ Signage must be strictly limited to the identification of the premises byname and/or street number (the name in itself may not be reasonablyconstrued to be rude or offensive to the average person). One sign (ortwo signs on a corner allotment – one per frontage) a maximum of0.35m 2 may be displayed and may be dully illuminated producing anoverall luminescence per sign (measured at a distance of 400mm eachnot in excess of 20 candela (the intensity of one twenty (20) watt lightglobe measured at a 400mm distance). Additional signage not of anexcessive or lewd nature may be provided within the car parking area if itcannot be viewed from adjoining streets or properties or provideexcessive spillage of light.‣ Additionally, the following provisions must apply to signage:• Must not contain any characters, depictions, pictures or drawings• Must not be representative by shape and/or form other than thenumber of the premises.• Must not be illuminated, flash or move in any way.(6) Additional Controls – Sex Service Premises.‣ All applications shall comply with the necessary services and facilitiesrequired for Class 5/6 Buildings in accordance with the Building Code ofAustralia (BCA – as current, or superseded from the time of the DCPcreation). It should be noted that all requirements for equitable provisionof services and amenities, particularly those relating to disability accessshall be provided throughout the development.‣ All public health requirements shall be complied with, in particular, butnot limited to, the Public Health Act 1991. All proposed bars and foodpreparation areas shall comply with the NSW Food Standards Code andAS4674-2004 (current at the time of DCP – refer to any succeedinglegislative requirements).Part I – Other Considerations – Sex Services Premises I.141

Richmond Valley Development Control Plan 2012‣ The use of the premises shall not give rise to:• transmission of vibration to any place of different occupancy• a sound level at any point on the boundary of a site greater thanthe background levels specified in Australian Standard AS 1055 –Acoustics Description and measurement of environmental noise, or• an "offensive noise" as defined in the Noise Control Act 1975.I14.3 Design standards / controls –Restricted PremisesRestricted premises can potentially take many forms. Restricted premisesmay involve hire and/or selling of any item deemed to be unsuitable forpersons aged less than 18 years of age due to being;‣ overtly violent,‣ pornographic, or‣ overtly sexual, sexually suggestive, abusive and/or lewd in nature.In addition, items for display, sale and hire may be deemed overtly sexual,suggestive and/or lewd in nature if legitimate complaints are received from thepublic. Council reserves the right to determine whether premises should bedeemed ‘restricted’ if legitimate complaints are received if steps are not takenby the business to allay public concern. Commonwealth legislation anddeterminations (given below in section (f) below) should generally bereferenced when making a determination as to whether a premise should bedeemed ‘restricted’.Often restricted premises are incorporated into existing or affiliatedbusinesses. Examples include bookstores which might include an ‘over 18’s’section displaying pornographic publications, or video hire premises whichmight have an additional shielded section for adult movie hire. Someprecautions should be taken to prevent these businesses from impacting uponsensitive members of the public.(1) Location – Restricted PremisesRestricted premises shall be located away from sensitive receivers andpedestrian movements of children. Guidelines are given below to minimise thepotential for exposure of items to minors and more sensitive members of thepublic. At the discretion of Council, where the restricted goods area comprisesonly a section of a larger business (15% or less), some relaxation of thefollowing requirements shall be permitted dependent upon the absence ofadvertising and signage on any exterior of the business premise. Theserequirements should also be considered a guide for businesses wishing toincorporate a component into existing trade.(a) Richmond Valley Local Environmental Plan 2012‣ Restricted Premises may only be located within the following zones (inaccordance with the LEP land use permissibility tables)• B3 – Commercial Core• RU5 – VillagePart I – Other Considerations – Sex Services Premises I.142

Richmond Valley Development Control Plan 2012(b) Additional locational guidelines for Restricted PremisesIn addition to the above zone restrictions, the following location limitationsapply:‣ Consent shall not be granted to development for the purpose of aRestricted Premise unless Council is satisfied that the development willnot be adjacent to, adjoin or be within 50 metres of;• an educational establishment frequented by minors,• a child care centre or residential care facility,• a recreational area,• any other place regularly frequented by children for recreational orcultural activities,• a place of public worship, funeral chapel or funeral home,• a hospital,• any land zoned for residential use (exception non-residential RU5 –Village),• any other Sex Services Premises or where consent has beengranted for such.Exceptional design standards may provide for relaxation of the aboverequirements, subject to demonstrated highly effective screening of therestricted premises component and/or separation of the premises from nearbyreceivers of not less than 25 metres. Multiple Restricted Premises will only beconsidered in an area if can be demonstrated that conflict will not arise andthat there will not be an excessive congregation of premises leading to thecreation of an undesirable precinct precluding other legitimate land-uses.(2) External Appearance – Restricted Premises‣ Premises must be compatible with the surrounding built form in order todiscretely blend into the streetscape and area. Colour selection forfinishes must not be garish and detail for decorative finishes shall besubdued in nature.‣ Entranceways for pedestrian access shall be well lit, however must notform a prominent feature within the streetscape. All access shall provideequitable treatment of users including disability access.‣ No restricted products or products of an otherwise overtly violent, sexualor lewd nature shall be displayed from any window or doorway of thepremises or in any other way that may be viewed from the street.Signage or graphics displayed on any exterior surface of the premisesmay announce the nature of products for sale or hire (i.e. “adult movies”)however may not be descriptive in nature (See signage section e below).(3) Operation Safety & Security (see CPTED) – Restricted Premises‣ Employees and the owner of the premises shall be vigilant in allowingonly access to areas where restricted items are on display for saleand/or hire. All advertising and display of restricted items shall be onlypermitted within restricted areas.‣ Any car parking associated with the restricted premises shall be well litand signage visible within the premise grounds shall be subtly lit anddirectional in nature only.Part I – Other Considerations – Sex Services Premises I.143

Richmond Valley Development Control Plan 2012‣ No spruikers of any kind shall operate within the road reserve, nor anyinternal car parking area, or on the land outside the building.(4) Car Parking - Restricted Premises‣ On site car parking shall be provided at the rate of one space peremployee of the premises working at any time and one space per 40m 2plus one space for every three nominated employees (based upon aminimum of two for reception and one for each nominated guest room).• Some reduction in car parking provision may be considered (up to50% only for the restricted premise floor space area) if theapplicant can demonstrate there is a provision of adequate nearbyon-street car parking which will not conflict with the hours parkingwould be required by nearby land uses. In addition to providing this,the applicant must demonstrate there will be no resulting impactand/or congestion of adjoining streets which may adversely affectadjoining properties or the amenity of the area. Businesses withinthe CBD area may be acknowledged to have car-parking creditbased upon the premises pre-existing as a commercial premise(see Section I4 – Car Parking for detail).‣ Car parking provided shall be easy for clientele to locate.(5) Signage – Restricted Premises‣ Signage must be limited to the identification of the premises as providingrestricted items of sale and/or hire. Signage shall not be descriptive innature and must only serve to notify items of a restrictive nature areavailable for sale or hire within the premises. Signage constituting thename of the business can be in accordance with normal provisionsrelating to ‘business identification signs’, however the name of thebusiness and description of the premises to the extent it is advertised assignage may not be overtly violent, sexual or otherwise lewd in nature. Incircumstances where the sale and/or hire of restricted items constitutethe majority of the business, signage shall be limited to an area notexceeding 6m 2 of the total exterior of the premises.‣ Additionally, the following provisions must apply to signage:• Signage relating to the sale or hire of restricted items (includingitems of an overtly violent, sexual or otherwise lewd nature) mustbe restricted to six metres squared (6m 2 ) of the total exterior of thepremises.• Must not contain any characters, depictions, pictures or drawings• Must not be representative by shape and/or form other than thenumber of the premises.• Must not be illuminated, flash or move in any wayPart I – Other Considerations – Sex Services Premises I.144

Richmond Valley Development Control Plan 2012(6) Additional Controls and Information – Restricted PremisesAustralian Commonwealth Law generally prescribes what publications may besold and the nature of how they may be displayed and to whom.‣ The Classification (Markings for Publications) Determination 2007(Commonwealth) prescribes the classification markings and how theyare to be displayed on the covers and packaging of publications.‣ Areas where restricted publications are exhibited must conform withNSW Legislation requirements (Classification (Publications, Films andComputer Games) Enforcement Act 1995 (or any succeeding relevantlegislation)), in particular Division 2 – Restricted publication areas. Somereproductions of the requirements of this Act are referenced below.‣ All publications must be classified by the Classification Board beforethey can be sold (whether retail or wholesale) in Australia. Unclassifiedpublications, whether locally made or imported, may not be sold inAustralia (pursuant to relevant legislation). Foreign classifications are notapplicable in Australia so imported restricted items need to be classifiedby the Australian Classification Board before being offered for sale.‣ In order for any premises (or part of any premises) to be a restrictedpublications area, the following requirements must be complied with:• the premises must be so constructed that no part of the interior ofthe premises is visible to any person outside the premises,• each entrance to the premises must be fitted with a gate or doorcapable of excluding persons from the interior of the premises, andthe premises must be kept closed by means of any such gate ordoor at all times while the premises are closed to the public,• the proprietor of the premises, or some other adult personappointed by the proprietor for that purpose, must remain on ornear the premises, and must be in charge of the premises, at alltimes while the premises are open to the public,• at each entrance to the premises there must be prominentlydisplayed, so as to be able to be read from outside the premises, anotice, printed in clearly legible letters at least 15 mm in height,containing the following words:“RESTRICTED PUBLICATIONS AREA — PERSONS UNDER 18MAY NOT ENTER. MEMBERS OF THE PUBLIC ARE WARNEDTHAT SOME MATERIAL DISPLAYED IN THIS AREA MAYCAUSE OFFENCE.”‣ All public health requirements shall be complied with, in particular, butnot limited to, the Public Health Act 1991. All proposed bars and foodpreparation areas shall comply with the NSW Food Standards Code andAS4674-2004 (current at the time of DCP – refer to any succeedinglegislative requirements).‣ The use of the premises shall not give rise to:• transmission of vibration to any place of different occupancy• a sound level at any point on the boundary of a site greater thanthe background levels specified in Australian Standard AS 1055 –Acoustics Description and measurement of environmental noise, or• an "offensive noise" as defined in the Noise Control Act 1975.Part I – Other Considerations – Sex Services Premises I.145

Richmond Valley Development Control Plan 2012I14.4 Design standards/controls – HomeOccupation (Sex Services)(1) Location – Home Occupation (Sex Services)(a) Richmond Valley Local Environmental Plan 2012‣ Sex Service Premises may only be located within the following zones (inaccordance with the LEP land use permissibility tables)• RU1 – Primary Production• B3 – Commercial Core• IN1 – General Industrial – (dwelling may pre-exist within industrial)(b) Additional locational guidelines for Restricted PremisesIn addition to the above zone restrictions, the following locationlimitations apply:‣ Consent shall not be granted to development for the purpose of a HomeOccupation (Sex Services) unless Council is satisfied that thedevelopment will not be adjacent to, adjoin or be within 50 metres of;• an educational establishment frequented by minors,• a child care centre or residential care facility,• a recreational area,• any other place regularly frequented by children for recreational orcultural activities,• a place of public worship, funeral chapel or funeral home,• a hospital,• any land zoned for residential use (exception non-residential RU5 –Village)• any other Sex Services Premises or where consent has beengranted for such.Exceptional design standards may provide for relaxation of the aboverequirements, subject to demonstrated alternate means of shieldingand/or separation of the premises from nearby receivers of not less than50 metres. Multiple Sex Service Premises will only be considered in anarea if can be demonstrated that conflict will not arise and that there willnot be an excessive congregation of premises leading to the creation ofan undesirable precinct precluding other legitimate land-uses.(2) External Appearance – Home Occupation (Sex Services)‣ Premises must be compatible with the surrounding built form in order todiscretely blend into the streetscape and area. Colour selection forfinishes must not be garish and detail for decorative finishes shall besubdued in nature.‣ Entranceways for pedestrian and vehicle access shall be well lit,however must not form a prominent feature within the streetscape. Allaccess shall provide equitable treatment of users including disabilityaccess. A single main entrance for clientele shall be provided which isout of sight of the streetscape and the general public.‣ Sex workers or any sex related products shall not be displayed from anywindow or doorway of the premises. No signage or graphics shall bePart I – Other Considerations – Sex Services Premises I.146

Richmond Valley Development Control Plan 2012displayed on any exterior surface of the premises, apart from thatprescribed within the signage section below.(3) Operation Safety & Security (also see CPTED)‣ Sex workers or any sex related products shall not be displayed from anywindow or doorway of the premises. All activities, including the greetingof clientele, shall be confined to the interior of the building and shall notbe visible in any way or form from the outside of the premises.‣ Internal Car parking areas shall be well lit and signage visible within thepremise grounds shall be subtly lit and directional in nature only.‣ No spruikers of any kind shall operate within the road reserve, nor anyinternal car parking area, or on the land outside the building.(4) Car Parking - Sex Service Premises‣ On site car parking shall be provided at the rate of one space peremployee of the premises working at any time and one space per roomwhere sex services are to be offered as provided within the Statement ofEnvironmental Effects (the SEE) provided with the application. (seeChapter I4 detailing car parking provision).• Some reduction (up to 35%) in car parking provision may beconsidered if the applicant can demonstrate there is a provision ofadequate nearby on-street car parking which will not conflict withthe hours parking would be required by nearby land uses. Inaddition to providing this, the applicant must demonstrate there willbe no resulting impact and/or congestion of adjoining streets whichmay adversely affect adjoining properties or the amenity of thearea.‣ Car parking provided shall be easy for clientele to locate.(5) Signage – Sex Service Premises‣ Signage must be strictly limited to the identification of the premises byname and/or street number (the name in itself may not be reasonablyconstrued to be rude or offensive to the average person). One sign (ortwo signs on a corner allotment – one per frontage) a maximum of0.35m 2 may be displayed and may be dully illuminated producing anoverall luminescence per sign (measured at a distance of 400mm eachnot in excess of 20 candela (the intensity of one twenty (20) watt lightglobe measured at a 400mm distance). Additional signage not of anexcessive or lewd nature may be provided within the car parking area if itcannot be viewed from adjoining roads/streets or properties or provideexcessive spillage of light.‣ Additionally, the following provisions must apply to signage:• Must not contain any characters, depictions, pictures or drawings• Must not be representative by shape and/or form other than thenumber of the premises.• Must not be illuminated, flash or move in any way.Part I – Other Considerations – Sex Services Premises I.147

Richmond Valley Development Control Plan 2012(6) Additional Controls – Sex Service Premises‣ All applications shall comply with the necessary services and facilitiesrequired for Class 5/6 Buildings in accordance with the Building Code ofAustralia (BCA – as current, or superseded from the time of the DCPcreation). It should be noted that all requirements for equitable provisionof services and amenities, particularly those relating to disability accessshall be provided throughout the development.‣ All public health requirements shall be complied with, in particular, butnot limited to, the Public Health Act 1991. All proposed bars and foodpreparation areas shall comply with the NSW Food Standards Code andAS4674-2004 (current at the time of DCP – refer to any succeedinglegislative requirements).‣ The use of the premises shall not give rise to:• transmission of vibration to any place of different occupancy• a sound level at any point on the boundary of a site greater thanthe background levels specified in Australian Standard AS 1055 –Acoustics Description and measurement of environmental noise, or• an "offensive noise" as defined in the Noise Control Act 1975.I14.5 Application (DA) RequirementsThe Requirements for Development Applications for the sensitive land-usesdescribed within this section (Sex Service Premise, Restricted Premises andHome Occupation (Sex Services)) have some general similarities. The level ofdetail and effort required will vary dependent on the nature and scale of thebusiness proposed. It shall be at Council’s discretion as to the nature of detailrequired, however all potential sensitive receivers discussed elsewhere withinthis DCP section shall be clearly identified (including likely transitorypedestrian movements) and the likely impact thoroughly documented.Applicants should ensure open dialogue between the proponent and Councilis maintained throughout the process.(1) Social Impact Statement (SIS) – see also Section I8 regarding SISAll land-uses described within this section of the DCP will require SocialImpact Statement of sufficient detail to address all potential future impactsfrom the proposed development. Any proposed Sex Service Premises willrequire particularly detailed study. All potential sensitive receivers discussedelsewhere within this DCP section shall be clearly identified (including likelytransitory pedestrian movements). The SIS shall be of an acceptable standard(verified by the NSW Police) prior to advertising and notification describedbelow.(2) Statement of Environmental Effects (SEE)The provision of a SIS shall in no way reduce the need for a Statement ofEnvironmental Effect (SEE). The requirements of a SEE are prescribed indetail within section I12 of the DCP and outlined within a factsheetaccompanying the Development Application documentation.Part I – Other Considerations – Sex Services Premises I.148

Richmond Valley Development Control Plan 2012(3) Additional Advertising and Notification ProceduresAll land-uses described within this section of the DCP will require additionaladvertising and notification procedures to inform all potential impacted citizensof the development proposed. A stringent notification procedure will call uponrelevant agencies, authorities and community/interest groups to providecomment regarding all potential future impacts from the proposeddevelopment. These agencies/authorities/community groups shall include, butnot be limited to the following;‣ NSW Police (assessment considering CPTED principles)‣ Identified Impacted Citizens (as per the SIS)‣ Department of Human Services (f/n/a Community Services)The applicant shall provide enough current copies of the SIS to enabledistribution to all agencies and authorities to be notified.(4) Additional Considerations regarding the assessment of Sex ServicePremises, Home Occupation (sex Services) and Restricted Premises‣ Disclosure of interests of all persons involved in the ownership of theproposed occupation or business described within this DCP section.Subsequent to any development consent being issued, a condition maybe imposed that any initial and future ownership of the premises by anindividual who has been tried and convicted of an indictable offence shallbe disclosed to NSW Police and the Consent Authority.• Whilst any record against an owner in itself cannot be consideredgrounds to move to shut down premises it should be consideredcarefully in conjunction with other matters discussed within ChapterI17.6.‣ All legislative references contained throughout refer to those current atthe time of the formulation of this section of the DCP. It is theresponsibility of the applicant to ensure current legislative requirementsare met within the application in relation to Sex Service Premises,Restricted Premises and Home Occupations (sex service), whether it isrelative to alternatively named premises or legislation which could bereasonably construed to be the contemporary equivalent.I14.6 Closure of PremisesAn application may be made by Council to the NSW Land and EnvironmentCourt under Section 17 of the Disorderly Houses Amendment Act 1995(DHAA) for premises not to be used as a brothel. The Act operates in additionto Council powers under the Environmental Planning and Assessment Act1979 (EP&A) and provides for the serving of notice on a brothel operatingwithout development consent or outside the terms of consent. Relevantsections of the abovementioned legislation have been included for referencewithin this section. The legislation provided was current at the time offormulation of the DCP and any possible superseding legal procedures andrequirements should be investigated.Part I – Other Considerations – Sex Services Premises I.149

Richmond Valley Development Control Plan 2012Any actions undertaken relevant to this section shall consider the fairness ofthe assessment process if at any time in the future complaints are receivedfrom a nearby use which was not in existence at the time of the granting ofconsent for the business or occupation carried out.(1) Legislative RequirementsExtract from the Environmental Planning and Assessment Act 1979Section 121ZR Special provisions relating to brothel closure orders(1) DefinitionsIn this section and section 121ZS:brothel closure order means an order No 1 or No 15 under the Table to section 121B (1) tocease using premises as a brothel or in respect of the use of premises as a brothel, whether ornot the order also prohibits the premises from being used for, or relates to the use of thepremises for, any related sex uses.related sex uses means the following:(a) the use of premises for the provision of sexual acts or sexual services in exchange forpayment,(b) the use of premises for the provision of massage services (other than genuine(c)remedial or therapeutic massage services) in exchange for payment,the use of premises for the provision of adult entertainment involving nudity, indecentacts or sexual activity if the entertainment is provided in exchange for payment or ifthe entertainment is ancillary to the provision of other goods or services.(2) Natural justice requirements not applicableA person who gives a brothel closure order is not required to comply with sections 121G–121K.Note. Sections 121G–121K provide, among other things, for notice of proposed orders. Sections 121L and 121Napply to brothel closure orders and provide for reasons for an order to be given to the person to whom an order isgiven as well as information about appeal rights.(3) Additional prohibitions may be includedA brothel closure order may also prohibit the use of the premises for specified related sex uses,if the use of the premises for the specified uses is a prohibited development or a developmentfor which development consent is required but has not been obtained.(4) Additional persons to whom order may be givenIn addition to any other person to whom a brothel closure order may be given, a brothel closureorder may be given to any person apparently in control of or managing, or assisting in thecontrol or management of, the brothel.(5) Period for complianceA brothel closure order must specify a period of not less than 5 working days within which theorder must be complied with.Note. An appeal against a brothel closure order may be made under section 121ZK.(6) Additional persons or bodies that may make brothel closure ordersIn addition to the persons specified by section 121B, a brothel closure order may be made by aperson or body exercising planning or regulatory functions in respect of the area in which thepremises are situated and authorised by the Minister to make brothel closure orders.(7) DefencesIt is a sufficient defence to a prosecution for an offence that arises from a failure to comply witha brothel closure order if the defendant satisfies the court that:(a) if the defendant is the owner of the premises, the defendant has taken all reasonablesteps to evict the persons operating the brothel or using the premises for the specifiedrelated sex uses, or(b) in all cases, the defendant has taken all reasonable steps to prevent the use of thepremises as a brothel or for the specified related sex uses.(8) AppealsRegulations may be made for or with respect to the following matters:(a) the conferral of jurisdiction on the Local Court with respect to appeals against brothelclosure orders,(b) removing the right to appeal under section 121ZK if an appeal is made to the LocalCourt against a brothel closure order under the regulations,(c) the conferral of jurisdiction on the Land and Environment Court with respect toappeals from decisions of the Local Court on appeals against brothel closure orders,(d) the modification of provisions of the Crimes (Appeal and Review) Act 2001 for thepurposes of appeals referred to in paragraph (c).Part I – Other Considerations – Sex Services Premises I.150

Richmond Valley Development Control Plan 2012(9) Section prevails over DivisionThis section has effect despite any other provision of this Division.Note. Failure to comply with a brothel closure order is an offence (see section 125).Section 121ZSEnforcement of brothel closure orders by cessation of utilities(1) If a person fails to comply with a brothel closure order, the Local Court or the Land andEnvironment Court may, on the application of the person who gave the order, make an order (autilities order) directing that a provider of water, electricity or gas to the premises concernedcease to provide those services.(2) An order may apply to the whole or part of premises.(3) A utilities order ceases to have effect on the date specified in the order, or 3 months after theorder is made, whichever occurs first.(4) An application for a utilities order must not be made unless not less than 7 days notice of theproposed application is given to the following persons:(a) any person to whom the brothel closure order was given,(b) any provider of water, electricity or gas to the premises who is affected by theapplication,(c) any owner or occupier of the premises.(5) An owner or occupier of premises, or a provider of water, electricity or gas to premises, who isaffected by an application for a utilities order is entitled to be heard and represented inproceedings for the order.(6) In determining whether to make a utilities order, the court is to take into consideration thefollowing matters:(a) the effects of the failure to comply with the brothel closure order,(b) the uses of the premises,(c) the impact of the order on the owner, occupier or other users of the premises,(d) whether the health or safety of any person, or of the public, will be detrimentallyaffected by the order,(e) any other matter the court thinks appropriate.(7) A utilities order must not be made for premises, or any part of premises, used for residentialpurposes.(8) A provider of water, electricity or gas must comply with a utilities order, despite any other law oragreement or arrangement applying to the provision of water, electricity or gas to the premises,or part of premises, concerned.(9) No compensation is payable to any person for any damage or other loss suffered by thatperson because of the making or operation of a utilities order or this section.(10) A provider of water, electricity or gas must not, during a period that a utilities order is in force inrelation to premises, or part of premises, require payment for the provision of water, electricityor gas services to the premises or part of premises (other than services related to theimplementation of the order).(11) The Land and Environment Court or the Local Court may make a utilities order when itdetermines an appeal against a brothel closure order, if subsections (4) and (5) have beencomplied with.Section 124ABProceedings relating to use of premises as brothel(1) ApplicationThis section applies to proceedings before the Court to remedy or restrain a breach of this Actin relation to the use of premises as a brothel. Subsections (5) and (6) extend to any suchproceedings in relation to all brothels within the meaning of the Restricted Premises Act 1943.(2) Adjournments to obtain consent only in exceptional circumstancesThe Court may not adjourn the proceedings under section 124 (3) unless it is of the opinionthat the adjournment is justified because of the exceptional circumstances of the case. The factthat it is intended to lodge a development application, or that a development application hasbeen made, is not by itself an exceptional circumstance.(3) Time for making development application limited to 10 daysIf the Court adjourns the proceedings under section 124 (3), the proceedings must be broughtback before the Court if a development application is not made within 10 working days of theadjournment.(4) Only one adjournmentThe Court may make only one adjournment under section 124 (3) of particular proceedings.(5) Finding may be made on circumstantial evidenceIn any proceedings:(a) the Court may rely on circumstantial evidence to find that particular premises are usedas a brothel, andPart I – Other Considerations – Sex Services Premises I.151

Richmond Valley Development Control Plan 2012(b) the Court may make such a finding without any direct evidence that the particularpremises are used as a brothel.(6) However, the presence in any premises of articles or equipment that facilitate or encouragesafe sex practices does not of itself constitute evidence of any kind that the premises are usedas a brothel.Note. Examples of circumstantial evidence include (but are not limited to) the following:(a)(b)(c)(d)evidence relating to persons entering and leaving the premises (including number,gender and frequency) that is consistent with the use of the premises for prostitution,evidence of appointments with persons at the premises for the purposes ofprostitution that are made through the use of telephone numbers or other contactdetails that are publicly advertised,evidence of information in books and accounts that is consistent with the use of thepremises for prostitution,evidence of the arrangement of, or other matters relating to, the premises, or thefurniture, equipment or articles in the premises, that is consistent with the use of thepremises for prostitution.Extract from Restricted Premises Act 1943Part 3 BrothelsSection 16 Disorderly house declaration not to be made solely on grounds thatpremises are a brothelSection 17A declaration under section 3 may not be made in respect of premises solely because of eitheror both of the following:(a) the premises are a brothel,(b) a person having control of or managing, or taking part or assisting in the control ormanagement of, the premises has been concerned in the control or management ofother premises which have been declared to be a disorderly house under this Actsolely because those other premises were a brothel.Application to Land and Environment Court for premises not to beused as brothel(1) The Land and Environment Court may, on application by a local council, make an order that anowner or occupier of premises that are a brothel and that are situated within the area of thecouncil is not to use or allow the use of the premises for the purpose of a brothel.(1A) An order under subsection (1) may also provide that the owner or occupier of the premises isnot to use or allow the use of the premises for specified related sex uses.(1B) The Land and Environment Court may, if it makes an order under subsection (1), also make anorder suspending or varying the operation, for a period not exceeding 6 months, of anydevelopment consent relating to the use of the premises for the purpose of a brothel or the useof the premises for specified related sex uses.(1C) An order under subsection (1B) has effect despite any provision of the Environmental Planningand Assessment Act 1979 or any instrument made under that Act.(2) The local council must not make an application in relation to a brothel unless it is satisfied thatit has received sufficient complaints about the brothel to warrant the making of the application.(2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making ofan application in the case of a brothel used or likely to be used for the purposes of prostitutionby 2 or more prostitutes.(3) The complaint or complaints must have been made by:(a) residents of the area in which the brothel is situated who live in the vicinity of thebrothel, or(b) residents of the area in which the brothel is situated who use, or whose children use,facilities in the vicinity of the brothel, or(c) occupiers of premises that are situated in the area in which the brothel is situated and(d)in the vicinity of the brothel, orpersons who work in the vicinity of the brothel or persons who regularly use, or whosechildren regularly use, facilities in the vicinity of the brothel.(4) The application must state the reasons why the local council is of the opinion that the operationof the brothel should cease based on one or more of the considerations referred to insubsection (5) (a), (b), (c), (d), (e) or (f).(5) In making an order under subsection (1) the Land and Environment Court is to take intoconsideration only the following:Part I – Other Considerations – Sex Services Premises I.152

Richmond Valley Development Control Plan 2012(a) whether the brothel is operating near or within view from a church, hospital, school orany place regularly frequented by children for recreational or cultural activities,(b) whether the operation of the brothel causes a disturbance in the neighbourhood whentaking into account other brothels operating in the neighbourhood or other land usewithin the neighbourhood involving similar hours of operation and creating similaramounts of noise and vehicular and pedestrian traffic,(c) whether sufficient off-street parking has been provided if appropriate in thecircumstances,(d) whether suitable access has been provided to the brothel,(e) whether the operation of the brothel causes a disturbance in the neighbourhoodbecause of its size and the number of people working in it,(f) whether the operation of the brothel interferes with the amenity of the neighbourhood,(g) any other matter that the Land and Environment Court considers is relevant.(5A) In making an order under subsection (1B), the Land and Environment Court is to take intoconsideration only the following:(a) the likelihood that the premises will continue to be used for a brothel or will be usedfor related sex uses (whether or not by a person who is subject to the order undersubsection (1)),(b) having regard to the kinds of matters considered before granting the order undersubsection (1), the effect on the amenity of the neighbourhood of any such use oruses,(c) the permitted uses for the land on which the premises are situated under anyapplicable environmental planning instruments or approval under the EnvironmentalPlanning and Assessment Act 1979,(d) any other matter that the Land and Environment Court considers is relevant.(6) This section extends to premises within an area that is not a local government area, and in thatcase a reference to a local council is to be read:(a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and(b) in relation to such part of the land in the Western Division of the State as is not in alocal government area—as a reference to the Western Lands Commissioner, and(c) in relation to any other area that is not a local government area—as a reference to theprescribed authority for the area.(7) In this section:church, hospital and school have the same meanings as in the Summary Offences Act 1988.development consent has the same meaning as it has in Division 2A of Part 6 of theEnvironmental Planning and Assessment Act 1979.local council includes a person or body that:(a) exercises planning or regulatory functions in respect of the area in which premises aresituated, and(b) is authorised by the Minister administering the Environmental Planning andAssessment Act 1979 to exercise the functions of a local council under this section.Section 17AEvidence of use of premises as brothel(1) This section applies to proceedings before the Land and Environment Court on an applicationunder section 17 for premises not to be used as a brothel.(2) In any proceedings to which this section applies:(a) the Court may rely on circumstantial evidence to find that particular premises are used(b)as a brothel, andthe Court may make such a finding without any direct evidence that the particularpremises are used as a brothel.(3) However, the presence in any premises of articles or equipment that facilitate or encouragesafe sex practices does not of itself constitute evidence of any kind that the premises are usedas a brothel.Note. Examples of circumstantial evidence include (but are not limited to) the following:(a)(b)(c)(d)(e)evidence relating to persons entering and leaving the premises (including number,gender and frequency) that is consistent with the use of the premises for prostitution,(Repealed)evidence of appointments with persons at the premises for the purposes ofprostitution that are made through the use of telephone numbers or other contactdetails that are publicly advertised,evidence of information in books and accounts that is consistent with the use of thepremises for prostitution,evidence of the arrangement of, or other matters relating to, the premises or thefurniture, equipment or articles in the premises, that is consistent with the use of thepremises for prostitution.Part I – Other Considerations – Sex Services Premises I.153

Richmond Valley Development Control Plan 2012Section 18Rules of the Land and Environment Court(1) Rules may be made under the Land and Environment Court Act 1979 for or with respect to anymatters that by or under the provisions of this Part are required or permitted to be prescribedfor carrying out or giving effect to those provisions.(2) Subsection (1) does not limit the rule-making powers conferred by the Land and EnvironmentCourt Act 1979.(2) Circumstances where Council will Act to Close PremisesBefore initiating any process to suspend or close business trading onpremises described within this section of the DCP, Council must have regardfor the following:‣ Disruption and nuisance to the local area as a result of clientele visiting,loitering or conducting any unlawful activity in proximity to the premises.‣ Breach of the consent condition requiring the NSW Police Force and theCouncil to be notified if any person in part or whole, past or presentownership of the premises if they have been found guilty of an indictableoffence (within 28 days of conviction).‣ Disruption and nuisance to the local area as a result of persons notvisiting the premises, but shown to be loitering as a result of theexistence and operation of the premises.Council, in due consideration of any and all justified issues raised by thepublic, and documented incidents of antisocial and/or unlawful behaviourrelating to persons visiting or loiter within the vicinity of the premises, willmake a determination based upon the probability the premises has affected orwill negatively affect the social structure of the local area and/or thecommunity.Part I – Other Considerations – Sex Services Premises I.154

Richmond Valley Development Control Plan 2012I15. Notification and Advertising ofDevelopmentPublic participation is an essential component of the development assessmentprocess. This Chapter seeks to ensure that public participation is facilitated inan orderly and transparent manner when dealing with developmentapplications and related matters.The Environmental Planning and Assessment Act 1979 and the Regulationsthereto contain provisions specifying the minimum exhibition requirements fordevelopment identified as “advertised development”. They further provide thata development control plan can:‣ add to the types of development to be considered as “advertiseddevelopment”,‣ specify development to be notified or advertised, and‣ specify development that need not be notified or advertised.Note. This DCP does not cover designated development or State significant development.Reference should be made to the relevant sections and clauses of the Act and Regulationsfor their specific advertising requirements.This DCP specifies the types of development that will require publicnotification and the minimum requirements for it to be conducted. There areessentially two methods of public notification that will be utilised by this DCP,they involve:‣ a written notice—a letter to persons identified as potentially beingimpacted upon by a development proposal (usually the adjoiningproperty owners), and‣ a published notice—public notice displayed within a local newspaper.I15.1 ObjectivesThe objectives of this Division are to:‣ provide an opportunity for public participation in the developmentapplication process and invite comment on such matters.‣ ensure consistency in the notification of similar applications.‣ identify development applications that will be notified and/or advertisedand those persons who will be contacted.‣ ensure that the views of interested persons are considered beforedetermining applications.‣ outline procedures for the notification and advertisement of developmentapplications, applications to modify development consents, and thereview of development consents.‣ specify circumstances when notification of development applications isnot required.Part I – Other Considerations – Notification and Advertised Development I.155

Richmond Valley Development Control Plan 2012I15.2 Categories of Advertised or NotifiableDevelopmentFor the purposes of this DCP development has been divided into 5 categories(Category “A”, Category “B”, Category “C”, Category “D”, and Category “E”).Each category of development specifies different exhibition requirementsoutlined within Table I15.1.Note. The advertising and notification procedures for Categories “A” and “B” are defined byclause 89 of the Regulation. This DCP can not apply standards that are inconsistent withthose prescribed.Table I15.1 Advertising and Notification CategoriesDCP CoverageAdvertised Development(cl.5 of EP&A Reg 2000)Other advertiseddevelopmentOther NotifiableDevelopment(sect. 74C(c) of EP&A Act1979)ExcludedDevelopmentDesignated DevelopmentState significant developmentReferred to as “State significant advertised development”‣ NominatedIntegratedDevelopment-⇒ Heritage1977Act⇒ WaterManagementAct 2000⇒ Protection oftheEnvironmentOperations Act1997‣ ThreatenedSpeciesDevelopment‣ Class 2AquacultureDevelopment(SEPP62)‣ Class 1AquacultureDevelopment(SEPP62)‣ AdvertisedDevelopmentidentified in aDCP(sect. 74C(b) ofEP&A Act 1979)‣ Specified Developmentidentified in a DCP(other than AdvertisedDevelopment)‣ Request for a Review ofDetermination wheremaking amendments tothe original proposal‣ Application forModification of adevelopment consentfor“specifieddevelopment”Refer to section 79 Actand the Regulation fordetailsRefer to Act, Regulationand/or SEPPs fordetailsCategories for Notification and/or Advertising of Development“A” “B” “C” “D” “E”Written Notice andPublished NoticesMin. 30 Dayexhibition periodWritten Notice and Published NoticeMin. 14 Day exhibition periodNote. Exhibition periods expressed are in calendar daysPublishedNotice onlyMin. 14 DayexhibitionperiodWrittenNotice onlyMin.14 DayexhibitionperiodNo advertisingor notificationrequiredPart I – Other Considerations – Notification and Advertised Development I.156

Richmond Valley Development Control Plan 2012Table I15.2 further defines development types and prescribes their Categoryfor exhibition purposes.Where:‣ a development proposal is identified in Table I15.2 under severaldifferent Categories, or‣ an application is received containing multiple development types acrossdifferent Categories,the higher Category (“A” being highest and “E” being lowest Category) is to beused for the purposes of exhibiting the application.Table I15.2 Advertised Development (and excluded development) Categories‣ Advertised Development – requiring a published notice and written notice for 30 days(identified as Category “A” in the following table).‣ Advertised Development – requiring a published notice and written notice for 14 days(identified as Category “B” in the following table); and,‣ Other Notifiable Development – requiring a published notice for 14 days (identified asCategory “C” in the following table);‣ Other Notifiable Development – requiring a written notice for 14 days (identified asCategory “D” in the following table);‣ Excluded Development – not Advertised Development (no notification required)(identified as Category “E” in the following table);Development TypeNominated Integrated Development-being development requiring approval under:⇒ Heritage Act.⇒ Water Management Act.⇒ Protection of the Environment Operations Act.Threatened Species DevelopmentCategoryA B C D EAquaculture Development- referred to in clause 13 of SEPP62⇒ Class 1 Aquaculture Development.⇒ Class 2 Aquaculture Development.Note. Class 3 Aquaculture Development constitutes designated development.Request for Review of Determination- (s82A)⇒ where making minor amendments to the original proposal⇒ where making amendments (other than minoramendments) to the original proposal.Application for Modification of a developmentconsent- (s96)Change of useProtection of the Environment Operations Act 1997Scheduled activitiesAs per category for theamended dev. proposalAs per original developmentCategoryAs per Category for the newusePart I – Other Considerations – Notification and Advertised Development I.157

Richmond Valley Development Control Plan 2012Development TypeSEPP55 – Remediation of Land – Category 1remediation work(refer to clause 9 of SEPP55 for details of what constitutes aclass 1 remediation work)CategoryA B C D EExtend hours of operation-so as to operate outside any of the following times-⇒ between 7.00 am to 5.00 pm Monday to Friday.⇒ between 8.00 am to 12 noon Weekends and PublicHolidays.so as to operate at any time-⇒ between 10.00 pm to 7.00 am Monday to Friday.⇒ between 2.00 pm to 8.00 am Weekends and PublicHolidays.All development-⇒ 3 storeys or greater, or⇒ where the height of building exceeds 10 metres aboveexisting ground level, or⇒ Development with a value of work exceeding $20M.Demolition of a building(other than residential accommodation and ancillary structures,or farm buildings)Agriculture-⇒ Extensive agriculture⇒ Intensive plant agriculture⇒ Intensive livestock agricultureAnimal boarding or training establishmentsFarm buildingsPart I – Other Considerations – Notification and Advertised Development I.158

Richmond Valley Development Control Plan 2012Development TypeCategoryA B C D EKeeping of certain animals (non-commercial)Residential zones (RU5, R1, B1, B2, B3, IN1)⇒ >5 Dogs but not more than 10⇒ >5 Cats but not more than 10⇒ >10 fowl and poultry but not more than 20 (no roosters tobe kept)⇒ >1 sheep, goat, pig or horse but not more than 5⇒ 2 bee hivesRural Residential zone (R5)⇒ >5 Dogs but not more than 10⇒ >5 Cats but not more than 10⇒ >20 fowl and poultry but not more than 30 (no roosters tobe kept)⇒ 3 bee hivesOther zones (RU1, E3)⇒ >5 Dogs but not more than 10⇒ >5 Cats but not more than 10Residential zones (RU5, R1, B1, B2, B3, IN1)⇒ >10 Dogs⇒ >10 Cats⇒ >20 fowl and poultry⇒ keeping of rooster(s)⇒ >5 sheep, goat, pig or horse⇒ >2 bee hivesRural Residential zone (R5)⇒ >10 Dogs but not more than 10⇒ >10 Cats but not more than 10⇒ >20 fowl and poultry but not more than 20⇒ keeping of rooster(s)⇒ >3 bee hivesOther zones⇒ >10 Dogs⇒ >10 CatsResidential Accommodation-⇒ Dwelling houses⇒ Rural workers’ dwellings⇒ Dual occupancy⇒ Secondary dwellings⇒ Shop top housing (where no alterations to commercialfloor space)⇒ ancillary structures⇒ including additions to any of the abovePart I – Other Considerations – Notification and Advertised Development I.159

Richmond Valley Development Control Plan 2012Development Type⇒ Residential flat buildings (

Richmond Valley Development Control Plan 2012Development TypeAmusement centresIndustrial retail outletsWholesale suppliesEntertainment facilitiesFunction centresHighway service centresService stationsVeterinary hospitalsRegistered clubsSex service premisesHome occupation (sex services)CategoryA B C D ERestricted premises-⇒ within existing commercial premises, and⇒ occupying floor area

Richmond Valley Development Control Plan 2012Development TypeRural Industry-⇒ with gross floor area

Richmond Valley Development Control Plan 2012Development TypeInfrastructure – Transport⇒ Jetties⇒ Moorings⇒ Airstrips⇒ Helipads⇒ Boat launching ramps⇒ Car parks⇒ Passenger transport facilities⇒ Transport depots⇒ Truck depots⇒ Wharf or boating facilities⇒ Mooring pens⇒ Charter and tourism boating facilities⇒ Air transport facilities⇒ Freight transport facilities⇒ Port facilities⇒ MarinasCommunity infrastructure-⇒ Information and education facilities⇒ Emergency services facilities⇒ Child care centres⇒ Community facilities⇒ Places of public worship⇒ Public administration buildings⇒ Research stations⇒ Respite day care centres⇒ Cemeteries (other than for private burials)⇒ Mortuaries⇒ Crematoria⇒ Correctional centres⇒ Industrial training facilities⇒ Education establishmentsEvents (small short term) – (such as small festivals,markets, )Events (larger events)CategoryA B C D EPart I – Other Considerations – Notification and Advertised Development I.163

Richmond Valley Development Control Plan 2012Development TypeHealth services facilities-⇒ Health consulting rooms⇒ Medical centres⇒ Other health services facilities⇒ HospitalsCategoryA B C D ERecreation-⇒ Environmental facilities⇒ Recreation areas⇒ Water recreation structures⇒ Recreation facilities (indoor)⇒ Recreation facilities (outdoor)⇒ Recreation facilities (major)Miscellaneous⇒ Environmental protection works⇒ Cemeteries for private burials Exhibition homes⇒ Exhibition villages (consisting of 8 metres above existing ground levelPart I – Other Considerations – Notification and Advertised Development I.164

Richmond Valley Development Control Plan 2012I15.3 Published Notification Procedures(1) Form of published noticeThe minimum specifications for a published notice are provided in clause 89of the Environmental Planning and Assessment Regulation 2000. It providesthat such a notice must be published in a local newspaper and contain thefollowing information:‣ description of the land (including the address)‣ name of the applicant‣ name of the consent authority‣ description of the development proposal‣ a statement that the proposal may be inspected at the principal offices ofthe consent authority during ordinary office hours during the exhibitionperiod‣ a statement that any person may make written submissions, in relationto the development proposal, during the exhibition period‣ the dates of the exhibition period (commencing the day after the day onwhich the published notice first appears in a newspaper)Where the application is for integrated development:‣ a statement that the development is integrated development.‣ the approvals that are required under integrated development.‣ the relevant approval bodies for the required approvals.Where the application is threatened species development:‣ a statement that the development is threatened species development.(2) Exhibition periodThe exhibition period shall commence the day after the day on which thepublished notice first appears in a newspaper.The minimum exhibition period shown for each category of advertiseddevelopment is described in calendar days. The exhibition period shall beextended to accommodate public holidays and such other days where theConsent Authorities principal office is closed, excluding weekends, wheresuch days fall within the minimum exhibition period.The exhibition period may be increased, or extended, at Council’s discretion.(3) Cost of advertisingThe cost of publishing notices and erecting display notices may be recoupedby the consent authority pursuant to clause 252 of the Regulation 2000.A fee shall be levied for advertising and displaying applications. Such feeshould be levied at lodgement of the application.The applicant may request a refund of unspent advertising fees where thelevied advertising fees exceed the cost to publish notices, and/or erect displaynotices. Such requests may be made following determination of theapplication and must be in writing.Part I – Other Considerations – Notification and Advertised Development I.165

Richmond Valley Development Control Plan 2012Additional advertising fees may be levied on an application for each additionalpublished notice required.I15.4 Written Notification Procedures(1) Who will be given written notificationWritten notification shall be given to adjoining land owners.Clause 88(2)(c) of the Regulation provides that if land is owned or occupiedby more than one person, a written notice to one owner or one occupier istaken to be a written notice to all the owners and occupiers of that land.(2) Additional notification to affected personsIn many instances development proposals may have the potential to impactupon properties beyond those of adjoining lands. In determining whetheradditional affected persons should be notified, Council needs to examine thesubmitted plans and consider on merits such issues as:‣ the views to, and the view from, surrounding land.‣ potential overshadowing of surrounding land.‣ privacy of surrounding land.‣ potential noise transmission to the surrounding land.‣ the likely visual impact of the proposed building in relation to thestreetscape.‣ the scale or bulk of the proposal.‣ proposed hours of use.‣ potential light spillage or reflection.‣ potential traffic generation.‣ means of vehicle access to and provision of parking and loading on theapplication site.‣ potential social impacts on the community.Additional notification may be extended to include the occupants of affectedproperties, including those of adjoining lands, where it is suspected that theyare not occupied by an owner.(3) Written notification to public authoritiesWritten notification of development will be made to such public authorities(other than relevant concurrence authorities or approval bodies) as, in theopinion of Council, may have an interest in the determination of theapplication.(4) Form of written notificationWritten notification of development will be made in the form of a letter.As a minimum standard, letters to property owners will be posted to theservice address held within Council’s Corporate Information System at thedate the notice is issued.Part I – Other Considerations – Notification and Advertised Development I.166

Richmond Valley Development Control Plan 2012Where the occupants of identified properties are to be notified the notice needonly be addressed “To the occupant”.The minimum specifications for a written notice are provided in clause 89 ofthe Environmental Planning and Assessment Regulation 2000. It provides thata notice must contain the following information:‣ description of the land (including the address)‣ name of the applicant‣ name of the consent authority‣ description of the development proposal‣ a statement that the proposal may be inspected at the principal offices ofthe consent authority during ordinary office hours during the exhibitionperiod‣ a statement that any person may make written submissions, in relationto the development proposal, during the exhibition period‣ the dates of the exhibition periodWhere the application is for integrated development:‣ a statement that the development is integrated development.‣ the approvals that are required under integrated development.‣ the relevant approval bodies for the required approvals.Where the application is threatened species development:‣ a statement that the development is threatened species development.(5) Circumstance where a notice is to be displayedIn the situation that additional notification of affected persons is required undersubclause (2), a copy of the written notice shall be displayed on thedevelopment site.A display notice must be located in a position that is visible to the public. Itmust also be of such dimensions to reasonable display the notice so that itcan be clearly read.I15.5 DictionaryIn this Chapter the following definitions apply:Adjoining land means lands immediately adjoining the proposeddevelopment site, or that are separated from such land only by apathway, driveway, unformed road or similar thoroughfare.Advertised development has the same meaning as in the Act.Note. Section 4(1) of the Act defines advertised development as meaningdevelopment, other than designated development, that is identified as advertiseddevelopment by the regulations, an environmental planning instrument or adevelopment control plan. Advertised development includes any development for thepurposes of a scheduled activity at any premises under the Protection of theEnvironment Operations Act 1997 that is not designated development.Part I – Other Considerations – Notification and Advertised Development I.167

Richmond Valley Development Control Plan 2012Affected person means a person:(a) who owns or occupies land in the vicinity of a developmentproposal, and whose enjoyment of that land may be detrimentallyaffected by the proposed development; or(b) who owns or occupies adjoining land.and may include properties in an adjoining Local Government Area.Note. Affected persons are identified using the merit considerations identified withinChapter I15.4(2).Display notice means a copy of the Published Notice (or Written Noticewhere a Published Notice is not required) is displayed on the proposeddevelopment site and at the principal offices of the consent authority andCouncil (where not the consent authority) during the exhibition period.Integrated Development means development (not being complyingdevelopment) that, in order for it to be carried out, requires developmentconsent and one or more of the approvals listed in section 91 of the Act.local newspaper for the purposes of this Chapter means a newspaper with acirculation at least once weekly in the locality of the developmentproposal.Nominated integrated development has the same means as clause 5(1)(b)of the Regulation 2000.Note. Clause 5(1)(b) of the Regulation 2000 defines nominated integrateddevelopment as being integrated development (not being State significantdevelopment, threatened species development or Class 1 aquaculture development)that requires an approval (within the meaning of section 90A of the Act) under aprovision (specified in section 91 of the Act) of any of the following Acts:(i) the Heritage Act 1977,(ii) the Water Management Act 2000,(iii) the Protection of the Environment Act 1997.Other Advertised Development has the same meaning as provided inclause 5(2) to the Regulation 2000. It includes Advertised Development(other than State significant development) and additional specifieddevelopment by this DCP.Owner means:(a) the person or persons who appear on Council’s records to be theowner(s) of the land at the date of notification.(b) in the case of land that is subject of a strata scheme under theStrata Titles (Freehold) Act 1973, or a leasehold strata schemeunder the Strata Titles (Leasehold) Act 1986, the ownerscorporation.Published notice (referred to in clause 87 of the Regulation 2000) means tocause a notice of the application to be published in a local newspaper.Regulation 2000 means the Environmental Planning and AssessmentRegulation 2000.the Act means the Environmental Planning and Assessment Act 1979.Part I – Other Considerations – Notification and Advertised Development I.168

Richmond Valley Development Control Plan 2012Threatened Species Development is referred to in clause 5(1) of theRegulation 2000, and includes any development (other than Statesignificant advertised development or designated development) requiringa Species Impact Statement to be lodged under section 78A(8)(b) of theAct.Note. Section 78A(8)(b) requires a Species Impact Statement to accompany adevelopment application where the land, or part of the land, is critical habitat or is likelyto significantly affect threatened species, populations or ecological communities, or theirhabitats (see “7 part test” under section 5A of the Act).Written notice (referred to in clause 87 of the Regulation 2000) means togive notice in writing of an application.Part I – Other Considerations – Notification and Advertised Development I.169

Richmond Valley Development Control Plan 2012I16. Additional State ConsiderationsIn addition to all information provided within this Development Control Planthere are State provisions which override local requirements and, in rareinstances, must additionally require consideration within any application orproposal for development within Richmond Valley Local Governmental Area(LGA).I16.1 Additional Considerations – StateLegislative Requirements(1) State Environmental Planning PoliciesState environmental planning policies (SEPPs) encompass guidelines forspecific State significant issues as determined by the State planning authorityand override local provisions within the planning legislative framework. SEPPsinvolve prescribing State concerns, such as development standards, housingfor aged or disabled persons and protection of coastal wetlands, etc. TheSEPPS listed and described here are those relevant to Richmond Valley andare likely to be utilised within the LGA.The SEPP list is regularly updated and expanded and a contemporaneous listof applicable SEPP should be obtained from the Department of Planning andInfrastructure.For the purposes of simplicity only those SEPPs that apply to the RichmondValley Local Governmental Area are summarised, as many State-widepolicies do not apply or have been superseded by a subsequent SEPP. Abrief comment as to the relevance and influence the SEPP has on localprovisions is also provided for each of these State instruments.SEPP 1 – Development StandardsSEPP 1 provided for development standards set by the LEP(s) to be variedupon application and concurrence granted by the Department of Planningbased upon a successful demonstration that standards set in a particularproposed development are unreasonable or unnecessary. SEPP 1 will besuperseded upon Gazettal of the new RVC LEP as compulsory Clause 4.6within the Standard Instrument provided and will provide for ‘Exceptions todevelopment standards’. The Director-General will decide if concurrence isgranted in accordance with clause 4.6 dependent upon whether the matter willcontravene State standards and/or provide public benefit. The clause does notallow consent to be granted for development contravening complyingdevelopment standards, commitment set out within a BASIX certificate or onland potentially affected by acid sulphate soils.SEPP 6 – Number of Storeys in a buildingThe SEPP describes a method for determining the number of storeys in abuilding to prevent possible confusion arising from the interpretation of variousplanning instruments.Part I – Other Considerations – Additional State Considerations I.171

Richmond Valley Development Control Plan 2012SEPP 14 – Coastal WetlandsSEPP 14 provides for the preservation and protection of coastal wetlandswithin close proximity to the Pacific Ocean coastline. The protection of thesecoastal wetlands is seen as an economic as well as environmental benefit andidentifies over 1300 wetlands of high value ranging from Tweed Heads toCape Howe. Richmond Valley contains a high number of these protectedcoastal wetlands and this policy is of particular importance to the LGA. RVCSEPP 14 wetlands within the LGA number over 40 and cover around 1600 Hain area.State Environmental Planning Policy 14 prescribes a number of activities(clearing of vegetation, levee bank construction, draining and filling) which aredeemed to be ‘designated’ development if proposed within proximity tosignificant wetland areas recognised, requiring the preparation of anenvironmental impact statement (EIS) in accordance with Part 3A of the EP&AAct.SEPP 14 does not actually define the wetlands covered by, and referred towithin the policy, and there is no statutory definition of wetland which may beapplied. It is for this reason RVC decided to include wetland area attributeswithin the Natural Resource Sensitivity mapping to safeguard and ensureappropriate assessment is procured for significant wetland areas.SEPP 15 – Rural Land-Sharing CommunitiesThe policy provides for local Council permissibility of multiple occupancieswith consent in rural areas subject to a list of criteria. Multiple occupanciespresent a community and environmental –based approach to closer ruralsettlement reliant upon resource sharing to develop opportunities for a morecommunal basis to rural living. SEPP 15 provides guidance for intendingapplicants.SEPP 26 – Littoral RainforestsThis SEPP protects littoral rainforests (distinctive coastal rainforest suited tosalt-laden drying coastal conditions). Currently no SEPP 26 rainforest havebeen identified within the RVC LGA, however the ‘remnant’ regeneration areawithin the Silver Sands Holiday Park area at Evans Head constitutes an areaworth protecting as the species represented function similarly to a naturallyoccurring littoral rainforest.SEPP 30 – Intensive AgricultureThe SEPP regulates cattle feedlots of more than 50 head capacity andpiggeries of more than 200 head. The policy sets out information and publicnotification requirements to regulate these larger export-driven rural industrypursuits that potentially have more environmental impact in rural areas. Thepolicy does not alter the functions of lesser developments where permitted orthe regular functions of Council as the local consent authority.Part I – Other Considerations – Additional State Considerations I.172

Richmond Valley Development Control Plan 2012SEPP 33 – Hazardous and Offensive DevelopmentThe SEPP defines ‘hazardous industry’, ‘hazardous storage establishment’,‘offensive industry’ and ‘offensive storage establishment’ for the purpose ofallowing or refusing a development based upon these definitions andindividual proposal’s merits. The policy sets out the procedure foradvertisement for public comment and requirement for ‘preliminary hazardanalysis’ (PHA). The policy does not override the role of Council as consentauthority and does not override land zoning or designated developmentprovisions under the Environmental Planning and Assessment Act 1979.SEPP 36 – Manufactured Home EstatesThe SEPP is intended to provide for manufactured home estates andassociated provision of affordable and secure housing within suitablelocations. MHE are permitted where caravan parks are permitted but mustmeet certain additional criteria for Council approval. The policy also permits,with consent, the subdivision of estates either by community title or by leasesof up to 20 years. A section 117 direction in relation to MHE issued inconjunction with policy guidelines for councils preparing LEPs is addressedwithin section 7.4.3.2 of this study.SEPP 44 – Koala Habitat ProtectionThis policy aims to encourage conservation and management of vegetationspecies providing food and habitat for koala populations across the State.RVC (and all local councils) must take into consideration whether anydevelopment will impact upon koala population if habitat/food species areproposed for removal. The policy furthers a State-wide approach to enable theeffective protection of Koalas through the minimisation of habitat and food treeloss.SEPP 49 – Tourism Accommodation in Private Homes (Draft Only)Consideration of this draft policy should be made as it will affect the possibilitythat the State planning instrument will override local provisions relating to ‘Bedand Breakfast’ style establishments.SEPP 50 – Canal EstatesThe policy prohibits canal estates in NSW from the date of gazettal to ensurecoastal and aquatic environments are not affected by these developments.SEPP 55 – Remediation of LandThe policy prescribes State-wide planning controls for remediation ofcontaminated land. It prohibits development if it is unsuitable for the proposeduse and provides standards and methodology to which contaminated landshould be remediated.SEPP 62 – Sustainable AquacultureThe SEPP is aquaculture industry specific to NSW to encourage sustainabilityand minimise environmental risk associated with site and operational factors.Part I – Other Considerations – Additional State Considerations I.173

Richmond Valley Development Control Plan 2012SEPP 64 – Advertising and SignageThe policy aims to ensure that outdoor advertising is compatible with thedesired amenity and visual character of an area and is of a high quality designand finish. This SEPP regulates outdoor advertising in transport corridors.SEPP 65 – Design Quality of Residential Flat Development.This SEPP provides for the establishment of Design Review Panels forindependent expert advice as to the merit of residential flat development. Thepolicy aims to improve the design quality of residential flat development andachieve better built form and streetscapes for the wider community.SEPP 71 - Coastal Protection PolicyThe SEPP aims to ensure development in the NSW coastal zone isappropriate and suitably located if it is within 100m of the foreshore orsimilarly placed within a sensitive coastal environmental area. The SEPPprovisions endeavour some degree of a strategic consistent approach todevelopment in coastal locations and provide for the maintenance andprotection of public access to foreshore areas. In addition, the SEPP providesfor master plans relating to pedestrian, cycle, road access, provision of openspace, conservation of water quality, fauna and flora conservation,remediation and/or heritage conservation.SEPP (Affordable Rental Housing) 2009This policy provides for a relaxation of local provisions if demonstrated thatmulti-development provision of affordable rental housing. The policy providesincentives for new affordable rental housing, facilitates the retention of existingaffordable rentals, and provides incentives for role expansion of not-for-profitproviders. It also aims to support local centres by providing housing forworkers close to places of work, and facilitate development of housing for thehomeless and other disadvantaged people. As with all SEPPs, it operatesalmost independently and overrides the LEP on the proviso that proposals inaccordance with this policy are proposed within residentially zoned land inaccordance with the new LEP. Reference should be made to the SEPP(Affordable Rental Housing) 2009 for further detail regarding requirements ofdevelopment proposed under this policy.SEPP (Exempt and Complying Development Codes) 2008The intent of the Exempt and Complying SEPP was to ‘streamline theassessment processes for development that complies with specifieddevelopment standards’. The policy provides exempt and complyingdevelopment codes that have State-wide application. It is apparent since theintroduction of the State policy, however the provisions are often morestringent than those within this Development Control Plan (DCP).The SEPP codes provide standards for the following 41 Exempt developmenttypes:Access ramps, aerials/antennae, air conditioning units, aviaries,awnings/blinds/canopies, balconies/decks/patios/pergolas/terraces/verandas,Part I – Other Considerations – Additional State Considerations I.174

Richmond Valley Development Control Plan 2012barbecues, bed and breakfast accommodation, cabanas/cubbyhouses/ferneries/gardensheds/gazebos/green houses, carports, clotheshoists/lines, communications dishes (radio & satellite), demolition, driveways,earthworks and retaining walls, farm buildings and structures, fences, poultryhouses, home industries/businesses/occupations, home-based child care,landscaping structures, letterboxes, internal building alterations, playgroundequipment, portable swimming polls/spas privacy screens, rainwater tanks,scaffolding, shade structures, skylights/ventilators, water ponds/features andtemporary builders’ structures.SEPP (Rural Lands) 2008The Rural Lands SEPP provides for rural lots to be created for agriculturalpurposes contrary to the local LEP provisions for minimum lot size. Resultantlots created under this policy do not enjoy dwelling opportunities or‘entitlement’, however it can be construed to potentially create confusion andundesirable precedence in the future due to the inherent contradictions tolocal policy. It is anticipated that lots created under this policy will requirestringent recording and registration to reduce confusion in the future as to thenature of permitted land-use on these rural lots. Only lots under minimum lotsize may be created via local application and the concurrence of the StateDepartment of Planning.Part of the SEPP will be superseded by Richmond Valley LEP.SEPP (Infrastructure) 2007This SEPP provides for the provision of services and infrastructure acrossNSW without an unwarranted or undue assessment process as thedevelopment listed is mostly deemed to be ‘essential’ and/or ‘exempt’.SEPP (Temporary Structures) 2007This SEPP provides for the erection of temporary structures and the use ofpublic entertainment while maintaining protective public safety precautionsand mitigate local amenity issues. Temporary structures under this policyneed not be assessed under local provisions.SEPP (Mining, Petroleum Production and Extractive Industries) 2007The Department of Planning maintains ‘[t]his Policy aims to provide for theproper management and development of mineral, petroleum and extractivematerial resources for the social and economic welfare of the State. ThePolicy establish [sic] appropriate planning controls to encourage ecologicallysustainable development.’SEPP (Major Development)This SEPP defines particular developments as major projects to be assessedunder Part 3A of the Environmental Planning and Assessment Act 1979 asdetermined by the Minister for Planning. In addition, the SEPP prescribesprovisions for State significant sites and criteria for regional development to bedetermined by Joint Regional Planning Panels (JRPPs). The Minister forPart I – Other Considerations – Additional State Considerations I.175

Richmond Valley Development Control Plan 2012Planning grants approval which may be a concept approval and may be forcritical infrastructure.SEPP (Building Sustainability Index)This SEPP operates in conjunction with Environmental Planning andAssessment Amendment (Building Sustainability Index: BASIX) Regulation2004. The SEPP aims to provide consistency in the implementation of BASIXthroughout the State by overriding local provisions in environmental planninginstruments and development control plans, and specifying that SEPP 1 doesnot apply in relation to any development standard arising under BASIX. Thedraft SEPP was exhibited together with draft Regulation amendment in 2004.SEPP (Housing for Seniors or People with a Disability)This SEPP aims to encourage developments for the elderly and disabled. TheState policy seeks to provide incentives and guidelines for ‘high quality’accommodation and offers floor-space-ratio and other density concessions todevelopments meeting desirable criteria as accommodation providers to adisadvantaged sector of the community.SEPP – Regional Environmental PlanThis policy was denigrated to a State policy status from being above SEPPs inthe hierarchy of State planning instruments. The REP dealt with, andcontinues to address as a SEPP, planning matters that are of significance forthe environmental region and were prepared by the Director-General andadopted by the Minister of Planning.The repeal of the REP provisions took effect on 26 June 2009 to ‘simplify’ theState planning system in accordance with the new Division 2, Part 3 of theEP&A Act. The REP SEPP is considered to be primarily administrative innature having minimal consideration for the LEP formulation process.Remaining provisions transferred to the SEPP should be considered under79C considerations for assessment of development applications.(2) NSW Coastal Policy 1997The NSW Coastal Policy 1997 principle objective is to protect and conservethe coast for future generations and sets to achieve this through initiatives to;‣ prohibit sandmining in environmentally sensitive areas‣ banning tourism development impedes public access to beaches‣ prohibiting development on the beach fore dunes other than publicpurposeThe Coastal Policy sets to achieve the initiatives through a three tiersystematic implementation involving State, Local and communitymechanisms. All aspects of the NSW Coastal Policy initiatives have beenassumed within the translation of LEP zone allocation as recommendedthrough agency consultation and Council decision-making process. Whereappropriate, RE1 – Public Recreation is the assigned zoning for crown andCouncil parkland adjoining the coast. Less developed areas with minimalPart I – Other Considerations – Additional State Considerations I.176

Richmond Valley Development Control Plan 2012pathways are appropriately either zoned E3 – Environmental Management orE2 - Environmental Management, dependent on the future intentions on thesite or future plans governing the site. Any actual beach area or coast foredune system is appropriately zoned E2 for protection in accordance withDECCW requests.(3) The Threatened Species Conservation Act 1995If any application is in respect of development on land that is, or is a part of,critical habitat or is likely to significantly affect threatened species, populationsor ecological communities, or their habitats, a species impact statement willbe required. A species impact statement must be prepared in accordance withDivision 2 of Part 6 of the Threatened Species Conservation Act 1995.Note. Part 7A of the Threatened Species Conservation Act 1995 provides forcertain circumstances in which development is taken not to significantly affectthreatened species, populations or ecological communities, or their habitats.Part I – Other Considerations – Additional State Considerations I.177

Richmond Valley Development Control Plan 2012I17. Historic New Italy Village AreaNew Italy was settled by Italian migrant families in 1882. The settlementconsisted of 53 selections, ranging from 40 to 120 acres, having a total areaof about 3030.75 acres (1226.5ha).In 2002 the New Italy Settlement Landscape was recognised as having Statesignificance being:‣ evidence of a settlement built through the tenacity, forbearance andtechnical skills (esp. horticultural and architectural) of a unique group ofAustralian settlers, and‣ also significant to those displaced Italian migrants who were allowedassisted passage to Australia by Sir Henry Parkes after the ill-fatedMarquis de Rays expedition of 1881.Figure I17.1 Boundaries of the Historic New Italy Village Area (also referredto as the New Italy Settlement Area)Part I – Other Considerations – Historic New Italy Village Area I.179

Richmond Valley Development Control Plan 2012The State significance of the area was recognised under the Heritage Act1977, being represented through the State Heritage listing of 3 sites, theybeing:‣ the New Italy Museum complex (listed in August 2002),‣ the former School site (listed in August 2002), and‣ Vineyard Haven (listed in December 2004).Additional information on the New Italy Settlement and the State Heritagelisted sites can be obtained from the NSW Heritage website –www.heritage.nsw.gov.au .The Richmond Valley Council Heritage Study (2007) also recognised thesignificance of the New Italy Settlement area through local listing of a numberof heritage items and archaeological sites. These items were included inSchedule 5 of the LEP.A further action resulting from the Study was the recognition that other, yetundiscovered, sites may exist within the New Italy area. To safeguard thesepotential items the “Historic New Italy Village Area” has been recognised inthe LEP through clause 6.4 Protection of historic New Italy village area.This chapter provides a methodology for undertaking and reportingpreliminary assessments associated with clause 6.4.I17.1 ObjectivesThe objectives of this Chapter are to:‣ provide for awareness of potential archaeology within the Historic NewItaly Village Area by informing the community.‣ establish methodology to assist with undertaking a preliminaryassessments to determine the likelihood of exposing, moving, damaging,or destroying archaeology, or relics.I17.2 Design principles(1) Development Consent Required for EarthworksClause 6.3 of the Richmond Valley Local Environmental Plan 2012 requiresconsent to undertake earthworks. There are exceptions within this clause, butit applies equally throughout the Council area, not just in the New Italy area.Extract from Richmond Valley Local Environmental Plan 2012Clause 6.3 Earthworks(1) The objectives of this clause are as follows:(a) to ensure that earthworks for which development consent is required will not have adetrimental impact on environmental functions and processes, neighbouring uses,cultural or heritage items or features of the surrounding land,(b) to allow earthworks of a minor nature without requiring separate developmentconsent.(2) Development consent is required for earthworks unless:(a) the earthworks are exempt development under this Plan or another applicableenvironmental planning instrument, orPart I – Other Considerations – Historic New Italy Village Area I.180

Richmond Valley Development Control Plan 2012(b) the earthworks are ancillary to other development for which development consent hasbeen given.(3) Before granting development consent for earthworks, the consent authority must consider thefollowing matters:(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soilstability in the locality,(b) the effect of the proposed development on the likely future use or redevelopment ofthe land,(c) the quality of the fill or the soil to be excavated, or both,(d) the effect of the proposed development on the existing and likely amenity of adjoiningproperties,(e) the source of any fill material and the destination of any excavated material,(f) the likelihood of disturbing relics,(g) the proximity to and potential for adverse impacts on any watercourse, drinking water(h)catchment or environmentally sensitive area,any appropriate measures proposed to avoid, minimise or mitigate the impacts of thedevelopment.Note. The National Parks and Wildlife Act 1974, particularly section 86, seals with disturbing or excavatingland and Aboriginal objects.(2) Consideration of potential heritage fabric with EarthworksClause 6.4 is an extension to clause 6.3. It provides that development consentfor earthworks shall not be granted unless consideration has been given towhether there is likelihood that heritage items or historic features of the NewItaly historic village area will be disturbed, exposed or destroyed by the work.In undertaking this assessment consideration must be given to anyarchaeological assessment or preliminary assessment that has beenundertaken.Extract from Richmond Valley Local Environmental Plan 2012Clause 6.4 Protection of historic New Italy area(1) The objectives of this clause are as follows:(a) to protect the area known as “New Italy”,(b)to ensure that earthworks for which development consent is required will not have adetrimental impact on cultural or heritage items or features of the historic New Italyvillage area.(2) This clause applies to land as shown coloured blue and labelled “Historic New Italy VillageArea” on the Key Sites Map.(3) Before granting development consent for earthworks on land to which this clause applies, theconsent authority must consider the following matters:(a) the likelihood that the proposed development will expose, move, damage or destroyan item that may have local heritage significance,(b) the outcome of any preliminary or archaeological assessment of the local heritagesignificance of the land (if an assessment has been carried out or has been providedby the owner).Note. Clause 5.10 deals with the conservation of heritage items and relics.(3) Heritage Act approvalsConsent under Division 9 of the Heritage Act 1977 will be required to expose,move, damage or destroy any historic or cultural features (other than identifiedlocal heritage items within Schedule 5 of the LEP) that may be discovered,whether or not it resulted from an assessment under clause 6.4. Relevantsections of the Heritage Act has been extracted below.Part I – Other Considerations – Historic New Italy Village Area I.181

Richmond Valley Development Control Plan 2012Extract from the Heritage Act 1977Section 4 Definitionsharm means:(a) in relation to a building or work—demolish, or(b) in relation to a relic or moveable object—damage, despoil, move or alter, or(c) in relation to a place or precinct—damage, despoil or develop the land that comprisesthe place or is within the precinct or damage or destroy any tree or other vegetationon, or remove any tree or other vegetation from, the place or precinct.item means a place, building, work, relic, moveable object or precinct.relic means any deposit, artefact, object or material evidence that:(a) relates to the settlement of the area that comprises New South Wales, not beingAboriginal settlement, and(b) is of State or local heritage significance.Division 9Protection of certain relicsSection 138 DefinitionsIn this Division:excavation permit means an excavation permit referred to in section 139.historic shipwreck has the same meaning as it has in Part 3C.historic shipwrecks permit means a historic shipwrecks permit referred to in section 51.permit means an excavation permit or historic shipwrecks permit.relic includes a historic shipwreck.Section 139 Excavation permit required in certain circumstances(1) A person must not disturb or excavate any land knowing or having reasonable cause tosuspect that the disturbance or excavation will or is likely to result in a relic being discovered,exposed, moved, damaged or destroyed unless the disturbance or excavation is carried out inaccordance with an excavation permit.(2) A person must not disturb or excavate any land on which the person has discovered orexposed a relic except in accordance with an excavation permit.(3) This section does not apply to a relic that is subject to an interim heritage order made by theMinister or a listing on the State Heritage Register.(4) The Heritage Council may by order published in the Gazette create exceptions to this section,either unconditionally or subject to conditions, in respect of any of the following:(a) any relic of a specified kind or description,(b) any disturbance or excavation of a specified kind or description,(c) any disturbance or excavation of land in a specified location or having specifiedfeatures or attributes,(d) any disturbance or excavation of land in respect of which an archaeologicalassessment approved by the Heritage Council indicates that there is little likelihood ofthere being any relics in the land.(5) This section does not prevent a person from disturbing or excavating land in which a historicshipwreck is situated in accordance with a historic shipwrecks permit in force in respect of thatshipwreck.Section 140 Application for permit(1) A person may make an application to the Heritage Council for the issue to the person of apermit.(2) The application shall be in the approved form and shall be accompanied by such fee as may beprescribed.Section 141 Determination of application(1) The Heritage Council may determine an application for a permit:(a) by issuing a permit, either unconditionally or subject to such conditions as it thinksproper to impose, or(b) by refusing to issue a permit.(2) Where the Heritage Council fails to determine an application for a permit within 21 days afterthe date of that application, it shall, for the purpose only of section 142, be deemed to havedetermined that application by refusing to issue a permit....Part I – Other Considerations – Historic New Italy Village Area I.182

Richmond Valley Development Control Plan 2012Section 146 Notification of discovery of relicA person who is aware or believes that he or she has discovered or located a relic (in anycircumstances, and whether or not the person has been issued with a permit) must:(a) within a reasonable time after he or she first becomes aware or believes that he orshe has discovered or located that relic, notify the Heritage Council of the location ofthe relic, unless he or she believes on reasonable grounds that the Heritage Council isaware of the location of the relic, and(b) within the period required by the Heritage Council, furnish the Heritage Council withsuch information concerning the relic as the Heritage Council may reasonably require.Section 146A Disposition of certain relics(1) As soon as practicable after a relic is obtained from an excavation carried out by the holder of apermit, the holder shall notify the Minister of the existence of the relic.(2) The holder shall furnish the Minister with such information concerning the relic as the Ministermay reasonably require.Section 146B Minister may direct that relic be given to museum or other conservation body(1) The Minister may, by notice in writing, direct any person:(a) who is or has been the holder of a permit, or(b) who, in the Minister’s opinion, has obtained a historic shipwreck as a consequence ofhaving removed the relic without a historic shipwrecks permit, in contravention ofsection 51, or(c) who, in the Minister’s opinion, has obtained a relic as a consequence of havingexcavated land without an excavation permit, in contravention of section 139,to deliver the relic to a specified person or body (such as a museum) who in the opinion of theMinister has the facilities and expertise to conserve the relic.(2) Such a direction may be given on the ground that the person has obtained the relic as aconsequence of:(a)having removed the relic without a historic shipwrecks permit, in contravention ofsection 51, or(b) having excavated land without an excavation permit, in contravention of section 139,whether or not the person has been prosecuted or convicted of an offence in respect of thealleged contravention.Section 146C Forfeiture of certain relics(1) A relic the subject of a direction under section 146B shall be forfeited to the Crown.(2) No compensation is payable to any person as a consequence of the forfeiture of a relic underthis section.(4) EducationOne of the objectives of this Chapter is to inform the community of the likelypresence of archaeology in the New Italy area. This can be achieved byinforming the community, especially new property owners or prospectivepurchases of land, that they should have regard to potential heritage in thearea and take appropriate actions to avoid harming such heritage. Thisobjective can be achieved by the:‣ inclusion of clause 6.4 within the Richmond Valley LEP 2012‣ inclusion of this Chapter within the Richmond Valley DCP 2012, and‣ informing the community of the LEP and DCP requirements, the reasonsfor them, and where they apply in section 149 Planning Certificates, andthe like.(5) Preliminary AssessmentDue diligence is a process where reasonable and practical steps are taken todetermine whether a person’s actions could, in this case, harm archaeology orrelics within the New Italy Settlement Area. The Preliminary Assessmentprocess, forms a key element of due diligence.Part I – Other Considerations – Historic New Italy Village Area I.183

Richmond Valley Development Control Plan 2012The preliminary assessment methodology documented in this Chapter hasbeen designed to be simple and straight forward, while fulfilling due diligencerequirements.(6) Items Likely to be FoundSites discovered by a preliminary assessment are more than likely to bearchaeological in nature but may include any of the following:‣ stone or timber lined wells‣ remnants of buildings‣ earth mounds from mud brick buildings‣ old fence lines‣ trees, orchards and/or vine plantings, or‣ drainage lines.Figure I17.2 Examples of stone lined wellsFigure I17.3 Examples of timber lined wellsPart I – Other Considerations – Historic New Italy Village Area I.184

Richmond Valley Development Control Plan 2012Figure I17.4 Examples of old fence lines and timber postsFigure I17.5 Examples of building remnants – stumps (left) and stonefoundations (right), earth mound from weathered mud bricks (centre)Part I – Other Considerations – Historic New Italy Village Area I.185

Richmond Valley Development Control Plan 2012Figure I17.6 Examples of a contour drainage line(7) Notification of DiscoveryThere is a statutory requirement under section 146 of the Heritage Act 1977 tonotify the NSW Heritage Branch of all relic discoveries. This notificationshould also be directed to Council.Contact details:Office of Environment and Heritage—Heritage Branch3 Marist Place PARRAMATTA 2150Locked Bag 5020, PARRAMATTA NSW 2124Phone 02 98738500 Fax 02 98738599Richmond Valley CouncilCnr Graham Place and Walker StreetLocked Bag 10, CASINO NSW 2470Phone 02 66600300 Fax 02 66625198(8) MitigationThe best means of protecting heritage is to mitigate against its harm. This canbe as simple as:‣ relocating earthworks to a more suitable site, or‣ maintaining a buffer between the works and the item.If mitigation of harm is not possible approval will be required to relocate,damage or destroy the item under the Heritage Act 1977.Part I – Other Considerations – Historic New Italy Village Area I.186

Richmond Valley Development Control Plan 2012I17.3 Preliminary Assessment FormPart I – Other Considerations – Historic New Italy Village Area I.187

Richmond Valley Development Control Plan 2012Part I – Other Considerations – Historic New Italy Village Area I.188

Richmond Valley Development Control Plan 2012Part I – Other Considerations – Historic New Italy Village Area I.189

Richmond Valley Development Control Plan 2012Part I – Other Considerations – Historic New Italy Village Area I.190

Richmond Valley Development Control Plan 2012Part I – Other Considerations – Historic New Italy Village Area I.191

Richmond Valley Development Control Plan 2012Part I – Other Considerations – Historic New Italy Village Area I.192