sch.12-sec-oc.21

sch.12-sec-oc.21 Roadside stalls

Roadside stalls

(1) Must not be adjacent to a freeway, highway or tollway within the meaning of the Roads Act 1993.

(2) Must not be in a floodway within the meaning of the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

(3) Must not have a gross floor area of more than 9m2.

(4) For a stall located on bush fire prone land—the stall must not be erected or installed within 6m of residential accommodation.

(5) An existing vehicular access point to a public road must comply with the lesser of—

(a) a clear sight distance for vehicles leaving the premises of at least 300m, or

(b) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design, Table 5.5, published by Austroads on 26 February 2021.

(6) Vehicles must be able to enter and exit the landholding in a forward direction.

(7) Car parking spaces must be located—

(a) on a road verge, or

(b) wholly within the boundaries of the landholding.

(8) Car parking spaces may only be located on a road verge if—

(a) the verge has a maximum average gradient of 1:20, and

(b) there is no vegetation on the verge.

(9) Waste generated as a result of the development must be disposed of—

(a) using a sewage reticulation system connected to the landholding, or

(b) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993, section 68, or

(c) at a waste or resource management facility.

(10) The on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land.

(11) In this section—

landholding means an area of land—

(a) constituted or worked as a single property, and

(b) if comprising more than 1 lot—the lots are—

(i) contiguous, or

(ii) separated only by a road or watercourse.