Lord Howe Island Local Environmental Plan 2010
Schedule 1Exempt development
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Schedule 1 Exempt development
Schedule 1 Exempt development
(Clause 9)
Note—
Publications referred to in this Schedule, including Australian Standards, may be inspected at the office of the Board.
| Column 1 | Column 2 | | Development | Development standards and other requirements | | Advertisement or sign | (a) Must not cover any mechanical ventilation vents.(b) Must not be internally illuminated. | | Advertisement or sign behind a shop window | No additional requirements. | | Advertisement or sign on a vehicle or trailer | (a) The vehicle or trailer must primarily be used for the conveyance of goods or passengers.(b) The vehicle or trailer must not be parked solely for the purposes of advertising or promotion. | | Business identification sign | (a) Not more than one for each business premises concerned.(b) Must be installed on the land from which the business is operating.(c) Must not exceed 0.9 square metre.(d) If on premises with an awning—the advertisement or sign must be located below the level of the awning.(e) If installed on premises without an awning—the top of the advertisement or sign must be located less than 2 metres above ground level.(f) Must not cover more than 20 percent of the area of the front of any building from which the business is operating. | | Navigation sign (including a public notice erected on, or placed in, Zone 8 Permanent Park Preserve or Zone 9 Marine Park) | Must be installed by or on behalf of a public authority. | | Public notice (including a public notice erected on, or placed in, Zone 8 Permanent Park Preserve or Zone 9 Marine Park) | Must be installed by or on behalf of a public authority. | | Replacing an advertisement, or sign (but not any part of an advertisement or a sign that is a structure) | Advertisement or sign must relate to the purpose for which the land on which it is placed is used. | | Temporary advertisement or sign relating to an event | (a) Must not exceed 5 square metres.(b) Must not be installed more than 28 days before the subject event.(c) Must be removed within 48 hours after the subject event.(d) Limit of 2 per event. | | Tourist directory sign (including a tourist directory sign erected on, or placed in, Zone 8 Permanent Park Preserve or Zone 9 Marine Park) | Must be installed by or on behalf of a public authority. | | Aerial or antenna | (a) Must be installed on land within Zone 1 Rural, Zone 2 Settlement or Zone 5 Special Uses.(b) If roof mounted—topmost point must not be more than 3.5 metres above topmost point of roof. | | Awning or patio (not enclosed) | (a) Must be located on land within Zone 2 Settlement.(b) Maximum area of 10 square metres.(c) Must comply with following setbacks—(i) if allotment on which awning or patio is to be installed has one boundary adjoining a road—must be installed at least 10 metres from that boundary and at least 5 metres from any other boundary of the allotment,(ii) if allotment has more than one boundary adjoining a road—awning or patio must be installed at least 10 metres from one of those boundaries and at least 5 metres from any other boundary of allotment,(iii) in any other case—awning or patio must be installed at least 5 metres from any other boundary of allotment.(d) Roof water must be disposed of without causing nuisance to adjoining premises. | | Barbecue | (a) Must be installed on land within Zone 2 Settlement.(b) Maximum area of 2 square metres.(c) Maximum height, including any chimneys, of 1.8 metres.(d) Must not be installed in any location visible at street level. | | Building alterations (external) | (a) Non-structural alterations to the exterior of a building only, such as painting, cement rendering, cladding, attaching fittings and decorative work.(b) Any recladding must not change roof shape or increase building footprint.(c) Any new windows to be offset to any windows in building on adjoining property.(d) Must not reduce light or ventilation to the building.(e) Structural support members must not be removed.(f) Colour selection of materials used must be compatible with the neighbourhood. | | Building alterations (internal) | (a) Must not affect the load-bearing capacity of any load-bearing component of the building.(b) May be made to lawfully completed buildings only.(c) Does not include any conversion of non-habitable rooms to habitable rooms.(d) Does not include any change to configuration of rooms whether by removal of existing walls or partitions or by other means.(e) Does not include any alterations that result in change in classification of building concerned under the Building Code of Australia.(f) Does not include fit out of commercial kitchen or of any business premises, such as a restaurant or cafe, intended to be used for preparation and consumption of food.(g) Must not reduce window arrangements for light and ventilation, reduce doorways for egress or enclose internal open living space.(h) Must not compromise fire safety or affect accessibility to a fire exit from any part of the building. | | Cabana, cubby house, garden shed, gazebo, green house, aviary, or fowl or poultry house | (a) Must be erected on land within Zone 1 Rural or Zone 2 Settlement.(b) Maximum area of 10 square metres.(c) Maximum height of 2.4 metres.(d) Must not be erected in any location visible at street level.(e) No more than one of each per allotment.(f) No internal plumbing.(g) Roof water must be disposed of without causing nuisance to adjoining premises.(h) Must not be used for dwelling or for commercial premises. | | Clothes hoist or line | (a) Must be installed on land within Zone 2 Settlement or Zone 5 Special Uses.(b) Must be installed to manufacturer’s specifications.(c) Must not be visible from street. | | Demolition of a structure | (a) Must comply with AS 2601—2001, The demolition of structures.(b) The erection of the structure would be exempt development under this Plan. | | Domestic solid fuel or oil heater | (a) Must be installed on land within Zone 2 Settlement.(b) Fireplace must be installed in accordance with manufacturer’s instructions. | | Driveway or pathway | (a) Must be of structurally sound and stable construction and have adequate reinforcement.(b) Must not be elevated or suspended above natural ground level.(c) Stormwater must not be directed by the driveway or pathway onto adjoining property. | | Fabric shade structure | (a) Must be erected on land within Zone 1 Rural, Zone 2 Settlement or Zone 5 Special Uses.(b) Maximum area of 20 square metres.(c) On land within Zone 2 Settlement must not be erected in any location visible at street level. | | Flagpole | (a) Maximum height of 6 metres.(b) Must not extend into any obstacle height limitation surface (as identified on the map marked “Lord Howe Airport Existing Obstacle Limitation Surfaces” deposited in the office of the Board) surrounding the Lord Howe Island Airport. | | Mooring (including on land within Zone 9 Marine Park) | Must be located in accordance with permission obtained under the Marine Parks Act 1997 and Lord Howe Island Act 1953. | | Park or street furniture (comprising seats, bins, picnic tables or shelters) | (a) Construction must be carried out by or on behalf of the Board.(b) Must be installed on land under the control of the Board. | | Playground equipment | (a) In the case of residential use—a maximum height of 2.5 metres.(b) In the case of non-residential use—a maximum height of 2.5 metres and maximum ground coverage of 10 square metres.(c) Must be designed, fabricated and installed in accordance with AS 1924.2—1981, Playground equipment for parks, schools and domestic use, Part 2: Design and construction—Safety aspects. | | Ramp for persons with a disability | (a) Maximum height of 1 metre.(b) Grade must comply with AS 1428.1—2001, Design for access and mobility, Part 1: General requirements for access—New building work and be a maximum of 1:14. | | Satellite dish | Installation and use must be in accordance with the Satellite Earth-Station Dish Policy, adopted by the Board on 13 December 1996. | | Solar energy systems | (a) Must be attached to the roof of a building.(b) Must not reduce the structural integrity of, or involve structural alterations to, a building to which the system is attached.(c) Must not be higher than 0.5 metres above the part of the roof to which the system is attached.(d) Must not extend beyond the edge of the roof to which the system is attached.(e) Must not involve mirrors or lenses to reflect or concentrate sunlight.(f) Must not have the capacity to generate more than 10 kilowatts.(g) For a photovoltaic electricity generating system—the system must be installed—(i) in accordance with the manufacturer’s specifications, or(ii) by a person who is accredited by the Clean Energy Council to install photovoltaic electricity generating systems.(h) For a solar hot water system or solar air heating system—the system must be installed in accordance with the manufacturer’s specifications. | | Telecommunications facility(comprising microcell installation, in-building coverage installation, pit, manhole, underground equipment shelter or housing, underground conduit or cable, public pay phone cabinet or booth, pillar, roadside cabinet, pedestal or external equipment shelter) | Must be carried out by or on behalf of a public authority. | | Wastewater management systems | (a) Must be installed on land within Zone 2 Settlement.(b) Must be used for domestic purposes.(c) Must not be located on land identified as “Significant Native Vegetation” on Sheet 3 of the map.(d) Must comply with the design, construction and installation requirements of the Lord Howe Island On-Site Wastewater Management Strategy developed by the Board and dated April 2013.(e) Treatment and disposal devices must not be located in a flood hazard area (as identified on the map marked “Flood Hazard Map” deposited in the office of the Board). | | Water tank (including on land within Zone 6 Recreation, Zone 7 Environment Protection or Zone 8 Permanent Park Preserve if carried out by or on behalf of the Board) | (a) Materials must be non-reflective and muted, natural tones.(b) Any storm water or overflow from water tank must be directed away from any neighbouring property. |