The consenting authority for the purposes of this District Plan is (subject to the Act) the Council. This clause does not apply:. a) to a covenant imposed by the Council or which the Council requires to be imposed, or (b) to any prescribed instrument within the meaning of section 183A of the Crown Constitution. c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or. d) to any Trust Agreement within the meaning of the Nature Conservation Trust Act 2001, or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or (f) to any biobank agreement within the meaning of Part 7A of the Endangered Species. g) to any planning agreement within the meaning of Section 7.1 of the Act. For the purposes of this Ring Plan, land is within the zones shown on the Land Zoning Map.
Land to which this Zoning Plan applies may be subdivided, but only with development consent.
Principal development standards
This clause applies to a plot zoned R2 Low Density Residential which has an area of less than 250m2 (but not less than 225m2) if the residential density (per hectare) shown on the residential density map by plot is equal to 15. 2) Despite clause 4.1AB (3), planning consent may be granted for the erection of a dwelling house on a plot subject to this clause if the lot meets the requirements of sub-clause only (3) and:. a) the lot originates from a subdivision for which building consent has been granted in accordance with clause 4.1AA, and in determining a building application for the erection of a residential building, the consent authority takes into account all the information that it took into account for the purposes of this clause in determining the building application for that subdivision, or. b) development application is one development application for development consisting of the following: i) subdivision of land into 2 or more lots,. ii) construction of a residential building on one of the plots resulting from the subdivision. This clause applies to plots zoned R4 with a high density of dwellings having an area of less than 225m2 (but not less than 125m2). This clause applies to any parcel containing land zoned R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential and land in any other zone. a) in relation to land in Zone R2 Low-Density Residential, means the area of that part of the plot that is in Zone R2 Low-Density Residential, and. b) in relation to land in the R3 zone of a medium-density residential estate, means the area of that part of the plot that is in the R3 zone of a medium-density residential estate, and.
The floor space ratio of buildings in a site is the ratio of the gross floor area of all buildings within the site to the area of the site. In addition, subclauses (4)-(7) apply to the calculation of site area for the purposes of applying a ratio of floor space to the proposed development. The area of a lot that is wholly or partially above another or others in a strata subdivision shall be included in the calculation of the area of the site only to the extent that it does not overlap with another lot already included in the calculation of the area of the site.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site must be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all the buildings. 9) Bonds to prevent "double dipping". When development consent is granted for development on a site consisting of 2 or more plots, a condition of the consent may require a covenant to be registered preventing the creation of floor area on a site (the restricted site) if the consenting authority is satisfied that an equivalent amount of floor area will be created on another site solely because the site included the restricted site. a) a covenant of the kind referred to in subclause (9) applies to any land (affected land), and (b) proposed development relates to the affected land and other land which together the. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
In deciding whether to grant consent, the Director General must take into account: a) whether the violation of the development standard raises any issue relevant to national or regional environmental planning, and.
Miscellaneous provisions
Under section 30 (2) of the Local Government Act 1993, the Governor's approval is required for subsection (5) that applies to the public land concerned before a description of the land is inserted in Part 2 of Schedule 4 to this area plan. Where development for the purposes of a home business is permitted under this site plan, the carrying on of the activity shall not involve the use of more than 30 square meters of floor area. Where development for the purposes of cottage industry is permitted under this site plan, the carrying on of the cottage industry shall not involve the use of more than 30 square meters of floor area.
Where development for the purposes of an industrial retail outlet is permitted under this site plan, the retail floor area shall not exceed:. a) 40% of the gross floor area of the industry or rural activity located on the same land as the retail premises, or Where construction for the purpose of a secondary dwelling is permitted under this Zoning Plan, the gross floor area of the dwelling (excluding any area used for parking) shall not exceed the greater of the following:. Heritage Conservation Areas (if any) are shown on the Heritage Maps and described in Schedule 5. The objectives of this clause are as follows:. a) to preserve the environmental heritage of Box Hill and the Box Hill Industrial Area, (b) to preserve the heritage significance of heritage objects and heritage conservation areas,.
A development permit is required for one of the following:. a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its details, fabric, finish or appearance):. (i) an heirloom, (ii) an Aboriginal object. iii) a building, work, relic or tree within a protected heritage site. However, a development permit is not required under this section if:. a) the applicant has notified the licensing authority of the proposed development and the licensing authority has notified the applicant in writing, before work is carried out, that it is satisfied that the proposed development:. i) is of a minor nature or has the purpose of maintaining the heritage object, aboriginal object, aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the conservation area, and. ii) will not adversely affect the heritage significance of the heritage object, Aboriginal object, Aboriginal site, archaeological site or protected heritage area, or (b) the development is on a cemetery or burial ground and the proposed development:. (i) is the creation of a new grave or monument, or the excavation or disturbance of land for the purpose of preserving or repairing monuments or grave markers, and. ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods or to an Aboriginal site of heritage significance, or. c) the development is limited to the removal of a tree or other growth which the Council considers to be a danger to human life or property, or. d) the development is an exempt development. The consent authority must, before granting permission under this section for a cultural heritage or a protected area, consider the effect of the intended development on the heritage significance of the property or area in question.
The consenting authority must, before giving consent under this section to carry out development on an Aboriginal site of heritage significance:. a) consider the impact of the proposed development on the site and any Aboriginal artefact known or reasonably expected to be located on the site, by means of an appropriate investigation and assessment (which may involve consideration of a heritage impact statement), and. (b) notify the local Aboriginal communities, in writing or by such other means as may be appropriate, of the application and take into account any response received within 28 days of the notification being sent. The consenting authority may permit development for any purpose of a heritage building or the land on which such a building is erected, or for any purpose on an Aboriginal site of heritage significance, even if development for that purpose would not otherwise be permitted under this site plan, if the consenting authority is satisfied that:. (a) the conservation of the heritage object or Aboriginal place of heritage significance is facilitated by giving consent, and.
Additional local provisions
Bushfire risk reduction work authorized by the Rural Fires Act 1997 can be carried out on any land without planning permission. Note. The Rural Fires Act 1997 also contains provisions relating to the carrying out of development on bushfire-prone land. This clause does not apply to any natural vegetation:. (a) in a State forest or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or. b) declared to be a noxious weed under the Noxious Weeds Act 1993.
This clause applies to land within an existing native vegetation area as shown on the Native Vegetation Protection Map. This clause does not apply to any vegetation declared to be a noxious weed under the Noxious Weeds Act 1993.
In deciding whether to grant development consent for development for the purpose of sexual service premises, the consent authority must consider the following: a) if the facility will be located on land that is attached to, is directly opposite or is separated only by a local road from the land:. i) in the R2 Low Density Residential Zone, the R3 Medium Density Residential Zone or the RE1 Public Recreation Zone, or. ii) is used for the purposes of a center-based child care institution, a community structure, a school or a place of public worship. In this clause, the building has active street frontage if all the premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises. This clause has effect notwithstanding anything to the contrary in the Land Use Table or any other provision of this Zoning Plan.
Additional permitted uses
Classification and reclassification of public land
Land classified, or reclassified, as operational land—no interests changed
Land classified, or reclassified, as operational land—interests changed
Land classified, or reclassified, as community land
Environmental heritage