6. RURAL DEVELOPMENT

[Pages:20]ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.1

Contents

6.

RURAL DEVELOPMENT ............................................................................................................................... 6.1

6.1

RURAL SUBDIVISION LEP 2000 Cl 31 GENERAL FARMING AREAS - ZONE 1(A) AND ZONE 7

...................................................................................................................................................... 6.1

PO 6.1-1 PLANNING OUTCOMES FOR RURAL HOUSE SITES ...................................... 6.2

6.2

SUBDIVISIONS CREATING LEP 2000 Cl 31 LOTS 40 HA AND GREATER ............................... 6.2

PO 6.2-1 PLANNING OUTCOMES FOR 40 HA+ SUBDIVISIONS ..................................... 6.2

6.3

HORTICULTURE LOTS LEP 2000 Cl 31 (BETWEEN 16 AND 40 HA) ........................................ 6.3

PO 6.3-1 PLANNING OUTCOMES FOR 16-40 HA HORTICULTURE SUBDIVISIONS ..... 6.3

6.4

CONCESSIONAL LOTS LEP 2000 Cl 32 ..................................................................................... 6.4

BACKGROUND .................................................................................................................. 6.4

ISSUES ............................................................................................................................... 6.4

PO 6.4-1 PLANNING OUTCOMES FOR CONCESSIONAL LOTS ..................................... 6.5

6.5

GENERAL RURAL PLANNING ISSUES....................................................................................... 6.6

RURAL FIRE MANAGEMENT AND CONTROL ................................................................. 6.6

BUFFER AREAS FOR DWELLINGS IN CLOSE PROXIMITY TO AGRICULTURE ........... 6.6

PO 6.5-1 PLANNING OUTCOMES FOR DWELLINGS IN PROXIMITY TO AGRICULTURE

AND OTHER RURAL ACTIVITIES...................................................................................... 6.8

RURAL FENCING ............................................................................................................... 6.9

RURAL FENCING GUIDELINES ........................................................................................ 6.9

PEST ANIMALS IN RURAL AREAS ................................................................................... 6.9

PEST ANIMAL CONTROL IN RURAL AREAS ................................................................. 6.10

6.6

SUBDIVISION IN ZONE 1(C) RURAL RESIDENTIAL ZONE LEP 2000 Cl 31 ........................... 6.10

PO 6.6-1 PLANNING OUTCOMES FOR RURAL RESIDENTIAL SUBDIVISION IN ZONE

1(C) ................................................................................................................................... 6.11

6.7

MANAGED AGRICULTURE LEP 2000 Cl 34 ............................................................................. 6.12

PO 6.7-1 PLANNING OUTCOMES FOR MANAGED AGRICULTURE ............................. 6.12

6.8

FARM PLANS LEP 2000 Cl 31 ................................................................................................... 6.12

BACKGROUND ................................................................................................................ 6.12

FARM PLAN REQUIREMENTS ........................................................................................ 6.13

PO 6.8-1 PLANNING OUTCOMES FOR FARM PLANS................................................... 6.14

6.9

RURAL LAND MONITOR LEP 2000 Cl 34.................................................................................. 6.14

PO 6.9-1 PLANNING OUTCOMES FOR THE RURAL LAND MONITOR ......................... 6.14

6.10

DWELLING HOUSES IN RURAL AREAS LEP 2000 Cl 35 ....................................................... 6.15

DWELLING HOUSES ON EXISTING HOLDINGS............................................................ 6.15

PO 6.10-1 PLANNING OUTCOMES FOR EXISTING RURAL HOLDINGS ...................... 6.15

SITING AND DESIGN CONSIDERATIONS FOR RURAL HOUSES ................................ 6.15

PO 6.10-2 PLANNING OUTCOMES FOR RURAL DWELLING HOUSES ....................... 6.16

6.11

RURAL DUAL OCCUPANCY LEP 2000 Cl 36............................................................................ 6.17

"CLOSE PROXIMITY" ....................................................................................................... 6.17

PO 6.11-1 PLANNING OUTCOMES FOR RURAL DUAL OCCUPANCIES...................... 6.17

6.12

SALE OF RURAL PRODUCE LEP 2000 Cl 37 ........................................................................... 6.18

PO 6.12-1 PLANNING OUTCOMES FOR SALES OF RURAL PRODUCE (INCLUDING

CELLAR DOOR SALES)................................................................................................... 6.18

6. RURAL DEVELOPMENT

6.1 RURAL SUBDIVISION GENERAL FARMING AREAS ZONE 1(A) AND ZONE 7

LEP 2000 Cl 31

The primary areas identified for agricultural production and other primary industry in the City have been included in Rural Zone 1(a) General Farming and Zone 7 Environment Protection under LEP 2000. Zone 7 relates to the water-supply catchments for Suma Park Reservoir and the Molong Water Supply Catchment. LEP 2000 recognises that rural land can be used in a number of ways. In the City, rural land is predominantly used for grazing, cropping and cold-climate fruit growing. Vineyards have also become popular in recent years. Forestry and extractive industries (gravel and hard-rock quarries) are also found in the general rural areas.

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.2

The LEP provides for a range of lot sizes on rural land with opportunities for associated dwelling houses according to the following:

100 hectares or larger for general agriculture or any other permissible purpose; between 40 and 100 hectares subject to a farm plan indicating agricultural viability; less than 40 hectares but no less than 16 hectares for established horticulture or viticulture; lots of any size for a specific purpose other than development for the purposes of a dwelling

house or agriculture.

Where lots to be created provide for a dwelling house, investigations will be required to determine suitable house site(s).

PO 6.1-1 PLANNING OUTCOMES FOR RURAL HOUSE SITES

1 House sites are located in a manner that do not inhibit normal farming practice either on the land or on land in the vicinity, in order to minimise potential agricultural/residential conflicts.

2 Houses are orientated in a manner that optimises solar orientation and provides protection from prevailing winter winds (refer Council's Smart Homes Energy Code).

3 General farming lots and associated location of dwelling houses should be undertaken in a manner that optimises the potential for economic use of the most productive land.

4 Houses are located to facilitate access to a public road and power supply. 5 House sites are located outside water-supply catchment areas.

6.2 SUBDIVISIONS CREATING LOTS 40 HA AND GREATER

LEP 2000 Cl 31

This minimum area was first introduced in Orange in the 1960s as a State wide policy to limit unsustainable fragmentation of rural land. There are about 160 holdings with areas equal to or greater than 40 hectares in Zone 1(a) and Zone 7 within Orange City.

A Farm Plan is required to be submitted in support of applications to create lots less than 100 Ha. For further information on Farm Plans, refer to Part 6.8 below.

PO 6.2-1 PLANNING OUTCOMES FOR 40 HA+ SUBDIVISIONS

1 Lot size and shape maximise the agricultural potential of the land. 2 Development applications demonstrate how the lot configuration provides for the sustainable

use of the land as a resource. 3 Development applications demonstrate that an environmental benefit is derived from the

subdivision (such as conservation of remnant vegetation, soil conservation and enhancement of waterways). 4 Works associated with environmental conservation as outlined in the Farm Plan are implemented prior to issuing a subdivision certificate. 5 Suitable house sites are identified with adequate separation from agriculture or other primary industries (refer to Part 6.5 for information on buffers). 6 House sites are identified that are suitable for on-site sewage disposal and removed from creeks, drainage depressions and flow lines. 7 Development applications demonstrate that a house site or sites are suitable for building and on-site sewage management systems are free from contamination. 8 Appropriate access to a public road is provided.

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.3

6.3 HORTICULTURE LOTS (BETWEEN 16 AND 40 HA)

LEP 2000 Cl 31

Orchards growing cold-climate fruit have been established in the Orange area since the mid-1800s. The City also has a history of grape growing. For example, grapes were grown in 1885 on 10.25 acres at Duntryleague. Historical photographs of land in the Canobolas area also indicate the planting of grapevines.

Orchards are primarily located in the Canobolas area, on the basalt-derived soils. Orchards are also located near Lucknow and Shadforth. Vineyards are more dispersed throughout the rural areas.

Horticultural enterprises must already be established or applications must adequately demonstrate commitment to establishment in order to satisfy the performance-based planning approach to creating lots less than 40 hectares.

Council may defer approval of a dwelling house until the horticultural/viticultural enterprise has reached a stage of development where a dwelling house is justified.

PO 6.3-1 PLANNING OUTCOMES FOR 16-40 HA HORTICULTURE SUBDIVISIONS

1 The land is used either for an existing horticultural/viticultural enterprise or arrangements have been made to the satisfaction of the Council to provide for the establishment of such an enterprise.

2 The development promotes sustainable agriculture. 3 The works have been carried out on vacant land in accordance with the approved Farm Plan

prior to erection of any dwelling house. 4 Applications provide information demonstrating, to the satisfaction of Council, that the land is

capable of sustaining horticulture or viticulture in accordance with a professionally-prepared Farm Plan (Refer to Part 6.8). 5 Applications identify suitable house sites with adequate separation from agricultural activities or other primary industries (refer below for information on buffers). 6 Development applications demonstrate a house site or sites suitable for building, on-site sewage-management systems free from contamination and a clear distance from creeks, natural drainage depressions and flow lines. 7 Suitable access to a public road is provided. 8 The number of accesses to a main road are not increased.

RELATED INFORMATION ? HORTICULTURE LOTS 1 NSW Agriculture, Intensive Agriculture and the Development Control Process Agnote DPI-261 2 NSW Agriculture, Policy for Sustainable Agriculture in New South Wales

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.4

6.4 CONCESSIONAL LOTS

LEP 2000 Cl 32

BACKGROUND

Concessional lots were introduced in the 1960s with a 40-hectare subdivision policy for ruralbased planning instruments across NSW. Concessional lots were originally provided as a "concession" to rural producers and their families for the introduction of minimum lot sizes. Concessional lots were initially intended to provide for farming families to continue to stay in their house on a small acreage while on-selling the remainder as a farming enterprise. The concessional lot has since become seen as a rural-lifestyle opportunity.

ISSUES

The dispersal of small residential lots in rural areas has the potential to alienate agricultural land, affect farming practices from conflicts between residents and primary producers, increase demand for services and contribute to environmental pressures. Planned small holding or "rural residential" areas are preferred to unplanned, uncoordinated small lots scattered throughout rural areas.

Water-supply catchments in the local area are affected by significant nutrient-generation rates, probably as a consequence of natural processes (such as erosion of fertile soils) and land use. Dwelling houses on concessional lots relying on on-site sewage-management systems have the potential to contribute further to the generation of nutrients in water-supply catchment areas.

Concessional lots are limited to one lot under LEP 2000. Under previous planning instruments, up to 3 lots were possible. LEP 2000 provides for the last concessional lot to be subdivided subject to specified criteria:

(a) A concessional lot only may be excised from land (being a rural holding) comprising the whole of an original holding (ie, a holding in the same configuration of parcels, portions or lots as it was in 1964) and has an area of at least 16 hectares; or

(b) A concessional lot may be excised from land that comprises the residue of an original holding where one concessional lot had been previously excised since 1964, subject to Council approval in accordance with the planning instrument at that time, and where the area of the original holding (ie, the combined area of the residue and excised lot) is at least 20 hectares, or

(c) A concessional lot may be excised from land that comprises the residue of an original holding where up to two concessional lots had been previously excised since 1964, subject to Council approval in accordance with the planning instrument at that time, and where the area of the original holding (ie, the combined area of the residue and excised lot) is at least 30 hectares,

A maximum lot size of 2 hectares applies in order to limit the alienation of rural land.

Where a concessional lot subdivision will require access to a Main Road from more than one lot, including any lots previously excised or the residue lot, then the subdivision shall not result in an increase in the number of accesses to the main road unless the RTA approves additional accesses.

Land suitability and relationship between residential development and primary industry are significant issues relating to concessional lots.

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.5

PO 6.4-1 PLANNING OUTCOMES FOR CONCESSIONAL LOTS

1 Applications shall identify a suitable house site(s) with adequate separation from agricultural or other primary industries (refer below for information on buffers);

2 House sites shall be suitable for sewage disposal and located away from creeks, drainage depressions and flow lines.

3 Development applications shall demonstrate that a house site or sites are suitable for building and on-site sewage management systems, are free from contamination and are clear distance from creeks, natural drainage depressions and flow lines.

4 Access from the lot to a public road shall have adequate sight distance and entrances set back from the road to permit vehicles to be parked at the entrance clear of the road carriageway.

5 The subdivision does not create additional entrances to a main road. 6 Significant vegetation is retained as a consequence of the development. 7 The excised lot shall be situated on land identified as having the lowest agricultural capability

or areas that will have the lowest impact on the use of the residue land for agriculture. 8 Excised lots shall be located on that part of the land within Zone 1(a) or include a house site

within that zone where land is affected by both Zone 1(a) and Zone 7.

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.6

6.5 GENERAL RURAL PLANNING ISSUES

RURAL FIRE MANAGEMENT AND CONTROL

The design of rural development are to provide for reasonable bushfire-protection measures.

Where development, including subdivision, is proposed for land identified as being bush fire prone, the development must comply with the provisions of the Planning for Bushfire Protection Guide.

Applications for the following types of development may need to be referred to the Rural Fire Service (RFS) as integrated development under the Act:

a a subdivision of bush fire-prone land that could lawfully be used for residential or rural residential purposes, or

b development of bush fire-prone land for a special fire-protection purpose.

c a school, d a child-care centre, e a hospital (including a hospital for the mentally ill or mentally

disordered), f a hotel, motel or other tourist accommodation, g a building wholly or principally used as a home or other establishment

for mentally-incapacitated persons, h housing for older people or people with disabilities within the meaning

of State Environmental Planning Policy No 5--Housing for Older People or People with a Disability, i a group home within the meaning of State Environmental Planning Policy No 9--Group Homes, j a retirement village.

Bush Fire-Prone Land is identified on Bush Fire-Prone Area Maps prepared for Council in conjunction with the RFS. All rural land is deemed to be fire prone pending preparation of a Map.

RELATED INFORMATION ? RURAL FIRE MANAGEMENT AND CONTROL NSW Rural Fire Service and Planning NSW: Building in a Bushfire Prone Area Planning for Bushfire Protection Rural Fires Act 1997

BUFFER AREAS FOR DWELLINGS IN CLOSE PROXIMITY TO AGRICULTURE

The popularity of rural lifestyle opportunities has resulted in residential development locating in rural areas adjacent to land used for primary industry. A primary objective of rural planning is to provide for rural living opportunities that do not reduce the potential for productive primary industries to operate. Where dwelling houses are proposed to be located in rural areas, Council will need to be satisfied that normal farming practices on adjacent land are not inhibited. Measures may be required to ameliorate potential conflicts between rural residents and primary producers.

The main conflicts that can occur between residential development and primary producers may involve:

spray drift from chemicals used in primary production noise from machinery dust from stock and/or machinery odours from farm related waste, silage, etc

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.7

Land in Orange most likely to involve chemical spraying includes land used for horticulture, viticulture and grain production.

Measures may be required to minimise potential conflicts between residents and primary producers.

Maximum separation is the most effective means to control conflicts.

Restrictions are applied to aerial spraying within 150 metres of the curtilage of a dwelling house in accordance with the Pesticides and Allied Chemicals Act.

Separation distances may vary depending on the scale, type and times of operations.

Dwelling houses should be located the maximum practical distance, taking into account all other development influences from rural activities that can generate noise, dust, odour and chemical spray drift.

A vegetation "biological" buffer is appropriate for spray drift of chemicals applied by ground-based jets or boom sprays.

The buffer should:

have a minimum width of 30 metres and attain a height of up to 15-20 metres comprise a range of fine-leaf native trees and shrubs in a variety of shapes, with leaf cover to

the ground level and located in a manner that provides for airflow through the buffer vegetation - not as an "impermeable" windbreak comprise vegetation with a mature height at least 1.5 times the height of the adjacent spray comprise plant species and varieties appropriate to the area be maintained to provide an effective buffer at all times, including replacing dead or dying plants as required

Appropriate plants for a biological buffer are listed below:

SUITABLE PLANTS FOR BUFFERS IN THE ORANGE AREA

BOTANICAL NAME

ACACIA Baileyana Boormanni Cardiophylla Dealbata Deanei Decurrens Fimbriata Mearnsii Specatbilis

ALLOCASUARINA Cunninghamiana Glauca Torulosa

BANKSIA Ericifolia

CALLISTEMON Pallidus Pinifolius

Salignus Seeberi

COMMON NAME

Cootamundra Wattle Snowy River Wattle Wyalong Wattle Silver Wattle Deane's Wattle Green Wattle Fringed Wattle Black Wattle Mudgee Wattle

River She Oak Swamp Oak Forest Oak

Heath Banksia

Lemon Bottlebrush Green Bottlebrush Red Bottlebrush Willow Bottlebrush Alpine Bottlebrush

MATURE HEIGHT

(m)

6.0 4.0 3.0 12.0 12.0 12.0 6.0 16.0 5.0

20.0 12.0 15.0

2.0

4.0 2.0 2.0 7.0 1.0

ORANGE DEVELOPMENT CONTROL PLAN 2004

PAGE 6.8

SUITABLE PLANTS FOR BUFFERS IN THE ORANGE AREA

BOTANICAL NAME

Subulatus EUCALYPTUS

Aggregata Goniocalyx Radiata Scoparia GREVILLEA Rosmarinifolia HAKEA Sericea LEPTOSPERNUM Flavescens Squarossum MELALEUCA Armillaris Bracteate Decussate Ericifolia Halmaturorum Incana Stypheliodes

COMMON NAME

Black Gum Long Leaf Box Narrow-Leaved Peppermint Willow Gum

Bushy Needlewood

Common Tea Tree Peach Tea Tree

Honey-Myrtle White Cloud Tree Cross-Leaved Honey-Myrtle Swamp Melaleuca Salt Paper Bark Grey Honey-Myrtle Prickly-Leaved Paper-Bark

MATURE HEIGHT

(m)

1.5

20.0 15.0 30.0 15.0

2.0

2.5

4.0 2.5

6.0 10.0

5.0 3.0 3.0 2.0 12.0

Photograph - Agricultural buffer in a rural residential area

PO 6.5-1 PLANNING OUTCOMES FOR DWELLINGS IN PROXIMITY TO AGRICULTURE AND OTHER RURAL ACTIVITIES

1 Dwelling houses should be located to minimise conflicts with the operation of activities associated with primary production.

2 Where a dwelling is proposed to be located within 150 metres of land where spraying of chemicals is likely to occur, an adequate biological buffer is to be established between the dwelling and that agricultural land.

RELATED INFORMATION ? BUFFER AREAS FOR DEVELOPMENT IN CLOSE PROXIMITY TO AGRICULTURE 1 Department of Planning 1996 Circular No D9: Advice on Providing Buffers Between Dwellings and Other

Developments and Aerial Spraying.

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download