Caerleon - Mid Western Regional Council

Caerleon 

Planning Justification Report to support 

the proposed site specific Caerleon 

Development Control Plan 

Prepared for 

BLAXLAND PROPERTY MUDGEE PTY LTD ATF BLAXLAND PROPERTY MUDGEE TRUST 

Prepared by 

Elton Consulting 

August 2012

Prepared by 

Jenny Rudolph and Samantha Czyz 

Date August 2012 

Job No. 11/2760 

Document Name Planning Justification Report 

PO Box 1488 

Level 6, 332-342 Oxford Street 

Bondi Junction NSW 1355 

T 02 9387 2600 

consulting@elton.com.au 

www.elton.com.au 

ABN 56 003 853 1010

Contents 

1 Introduction 2 

1.1 General 2 

1.2 Purpose of this report 2 

1.3 Land to which this report applies 3 

1.4 The project team 4 

2 Site Context and Identification 5 

2.1 Regional Context 5 

2.2 Subject Land 6 

3 Strategic Planning Framework 8 

3.1 Mid-Western Regional Draft Comprehensive 

Land Use Strategy 8 

3.2 Draft Mid-Western Region Community Plan – 

Towards 2030 10 

3.3 Mid-Western Regional Economic 

Development Strategy 10 

4 Vision and Indicative Concept Plan 11 

4.1 Vision 11 

4.2 Indicative Concept Plan 12 

5 Caerleon DCP 13 

6 Planning Assessment and Justification 37 

6.1 Strategic Planning Policies 37 

6.2 State Environmental Planning Policies 41 

6.3 Mid-Western Regional LEP 41 

6.4 Mid-Western Regional Council DCPs 48 

7 Conclusion and Recommendation 60 

7.1 Conclusion 60 

7.2 Recommendation 60

1 Introduction 

1.1 General 

This Planning Justification Report for the site-specific Caerleon DCP (the report) has been prepared in support of an Indicative Concept Plan and proposed site-specific 

Development Control Plan (DCP) for the Caerleon urban release area. This report is prepared by Elton Consulting on behalf of Blaxland Property Mudgee Pty Ltd ATF, trading 

as Blaxland Property Mudgee Trust (Blaxland Property), the owners of the 49 allotments known as the Caerleon urban release area or the 'subject land' for the purposes of 

this report. 

Caerleon is the newest residential land release area in Mudgee, located to the north of the Mudgee Township and on the edge of the existing urban area. The subject land 

comprises of approximately 308 hectares (ha) that is currently in the process of being rezoned from Rural / Investigation to Residential. 

The Draft Caerleon Development Control Plan (DCP) has been prepared to support the rezoning of the subject land, by providing non-statutory controls and specific design 

guidelines for future development on the site. The Draft DCP was developed giving consideration to Council's existing controls, in particular the Mid-Western Regional 

Residential DCP. The site specific DCP for Caerleon consists of ‘deemed to satisfy’ controls and includes mainly those controls that differ from the general controls in Councils 

existing DCPs and Policies. 

1.2 Purpose of this report 

This report provides justification for the Draft Caerleon DCP and justifies the proposed site-specific controls where they vary from Council’s existing Residential DCP. 

This report also provides details of the urban design framework that has been undertaken in consultation with Mid-Western Regional Council (the Council), government 

agencies and service providers, and explains the proposed response to issues and constraints that led to the preparation of the DCP documentation, which includes: 

 

 

 

 

an Indicative Concept Plan; 

a site-specific Development Control Plan; 

mapping to support the site-specific DCP; and 

technical assessment reports. 

This report also provides details about the processes that occurred as part of the preparation of the Draft Caerleon DCP. It summarises the technical studies that informed the 

process, and outlines and justifies the controls which form the site-specific DCP based on these studies. 

This report should be read in conjunction with the Draft Caerleon Development Control Plan and the rezoning report, entitled Caerleon Planning Proposal to Amend the Mid- 

Western Regional Local Environmental Plan 2012. 

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Planning Justification Report to support the Draft Caerleon DCP

1.3 Land to which this report applies 

This report, the site-specific DCP and the Indicative Concept Plan applies to land known as the Caerleon urban release area. The subject land is in single ownership and 

consists of 49 allotments, totalling an area of approximately 308 hectares (see Figure 1). Annexure A contains a legal description of the subject land. 

Figure 1 – Aerial map of the subject land 

Source: DPS 

Planning Justification Report to support the Draft Caerleon DCP 

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1.4 The project team 

Blaxland Property engaged a team of consultants to provide technical specialist advice to the rezoning, which formed the basis to the site-specific DCP. Each technical 

specialist has prepared a background report to inform the rezoning and site-specific DCP. These reports are included as attachments to this report. 

The technical specialists engaged for this project are outlined in Table 1 below. 

Table 1 – The project team 

Specialist area Specialist team Technical report 

Strategic and Statutory Planning 

Elton Consulting 

Planning Justification Report for the site-specific Caerleon DCP (this report) 

Caerleon Planning Proposal to Amend the Mid-Western Regional Local 

Environmental Plan 2012 

Urban Design DPS Indicative Concept Plan and DCP Mapping 

Flora and Fauna Eco Logical Australia Attachment A 

Bushfire Eco Logical Australia Attachment A 

Riparian Eco Logical Australia Attachment A 

Traffic and Transport Traffix Attachment B 

Archaeology and Aboriginal Heritage Kelleher Nightingale Consulting Attachment C 

Contamination Envirowest Consulting Attachment D 

Salinity Minespex Attachment E 

Infrastructure Services Land Partners Attachment F 

Odour The Odour Unit Attachment G 

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2 Site Context and Identification 

2.1 Regional Context 

Mudgee is the main subregional centre in the Central West region of 

NSW. It is located within the Mid-Western Regional local government 

area (LGA), which covers an area of over 9,000 km 2 . 

The township of Mudgee is located centrally within the LGA and 

classified as a district centre. Mudgee is the largest town in the Mid- 

Western Regional LGA and the second oldest municipality west of the 

Great Dividing Range. It is located approximately: 

Mudgee 

Airport 

Figure 2 – Locality 

 

 

 

270km from the Sydney CBD 

130km north of Bathurst 

130km south-east of Dubbo. 

SUBJECT 

LAND 

Mudgee, being a key subregional centre in the Central West region, is 

serviced by an airport located 5km north-east of the CBD. The Mudgee 

Airport is a vital infrastructure asset for the Mid-Western Region. 

Commercial passenger services run between Mudgee and Sydney 12 

times per week, with a trip time to and from Sydney Airport of 

approximately 50 minutes. 

There are a range of parks and recreational areas located throughout the 

LGA. This includes 55 parks, gardens and oval / playing field areas, 64 

separate sections of road reserves and other reserves, and 11 

cemeteries (8 rural, 3 town). 

New Waste Water 

Treatment Plan 

under construction 

Gwabegar railway line 

It is understood that Mid-Western Council will be undertaking a Recreation Strategy within the next 12 months to review the current and future provision of open space in the 

LGA. Currently there is an estimated 96.5 hectares of passive and active open space in Mudgee. New regional sporting facilities have been located at Glen Willow, which is 

within 2.5 km of the subject site. Glen Willow is a $10 million sporting complex that includes a 1,000 seat grandstand, a first grade sporting field, 8 multi-disciplinary fields 

and 19 netball courts. 

The Gwabegar railway line is a historic railway line that passes through Mudgee to Gulgong, eventually heading to Gwabegar. The railway line extends to the north-west of 

the township and forms a border between the suburbs of Mudgee and Caerleon to the north-west. The railway has been decommissioned and is no longer in use. 


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The Castlereagh Highway provides the main access between the subject land and Mudgee CBD. Access from the site to the CBD is via: 

 

 

 

Hill End Road, which provides a direct link from the northern end of the site to Castlereagh Highway 

Fairy Dale Lane, which links the southern portion of the site to Gladstone Street 

Saleyards Lane, which forms the eastern boundary of the broader area under Investigation for future residential land. 

2.2 Subject Land 

The subject land is located to the north-west of the existing township of Mudgee, on the west side of the railway line and approximately 3km from the Mudgee CBD (refer to 

Figure 2). 

The subject land is located within the locality of Caerleon to the west of the unused Mudgee-Gwabegar rail line. The site is bound by Hill End Road to the north, vegetated 

conservation lands to the south, vegetated lands and the waste treatment facility/sewerage treatment facility to the west, and Gwabegar railway line to the east. 

The land east of the railway line, between the railway and Saleyards Lane, has been identified as a future urban area by Council. Together with the subject land, these two 

portions of land form the urban release area to the north-west of Mudgee. 

While the site-specific DCP addresses the subject land only, it is understood that a separate planning process, rezoning and DCP incorporating land to the east of the railway 

line, is being undertaken by Council. The future planning for this urban release area will create an appropriate transition to surrounding lands and provide for future access 

and connectivity to the land to the east. 

2.2.1 Topography 

The site's topography varies considerably across the subject land with gentle slopes less than 12% on the north and north-western sections and more steeply mid and upper 

slopes through the central and southern sections of the site. 

The southern portion of the subject land is characterised by steep terrain and elevated areas generally associated with the foothills of Mount Misery, which is located in southwest 

Mudgee (to the south of the subject site). These elevated areas and ridgelines define the Mudgee to the west and have important scenic value for the Mudgee 

Township. A major hill to the south-west of the subject land creates significant slopes in the southern and particularly the south-western portion of the land. Contours rise up 

to and above 540 metres in steeper portions of the land. 

A hilltop to the west of the site creates a physical barrier between the subject land and the waste treatment facility further west. 

The northern portion of the subject land is relatively flat. 

2.2.2 Creek line 

Two main drainage lines traverse the subject land (refer to Figure 3). A lower order drainage line runs east to west in the southern portion of the land, and links to a higher 

order drainage line running generally north-south across the central and southern sections of the land. The drainage line extends north-east towards Saleyards Lane 

(Saleyards Creek catchment), which is to the west of the Cudgegong River. 

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There are a series of smaller intermittent drainage line on the site that are generally 

degraded with little to no native vegetation present and altered geomorphology. 

Figure 3 – Constraints Map 

The area to the east of Saleyards Lane is subject to localised flooding. The subject land 

and adjoining land to the east of the railway line (between the railway line and Saleyards 

Lane) is not subject to flooding from this catchment. It is understood that Fairydale Lane 

is subject to flooding at the low level causeway crossing near the intersection with 

Gladstone Street. 

2.2.3 Vegetation 

The subject land is generally cleared of timber with individual eucalypt trees scattered 

across the site with more dense forest located on land to the west. 

The drainage line is identifiable by a line of trees; predominantly pepper (Schinus areira) 

and eucalypt (Eucalyptus spp.) trees. However, this vegetation does not provide any 

strategic links on a local or regional scale given that the site itself is largely cleared as is 

land to the north and east. Vegetation is most dense along the hillier lands to the south 

and along slopes. The lower lying areas are more sparsely populated with grasses, the 

only exception being a few scattered vegetation around the edge of some boggy 

waterholes. 

2.2.4 Easements 

Two transmission lines currently traverse the subject land. A 132kV transmission supply 

line (Beryl to Mt. Piper) owned by Transgrid runs across the site in a northwest-southeast 

direction. A 66kV feeder line from Beryl to Gulgong, owned by Essential Energy, is located 

to the north of the 132kV easement. 

An existing 30MVa capacity zone substation is constructed near the subject site at the 

corner of Saleyards Lane and Bell Street. An existing sewer easement is located in the 

north of the subject land in an east-west direction. 

Source: DPS 

SUBJECT 

LAND 


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3 Strategic Planning Framework 

The strategic planning framework developed by Mid-Western Regional Council sets out the intended future growth of the Caerleon site. It should be used to guide the 

statutory planning framework which sets out the current planning controls that govern land use and future development of the land. A Planning Proposal to amend the 

current statutory planning framework for the land, so that it reflects the strategic vision, is currently being processed by Council and the NSW Department of Planning and 

Infrastructure. 

This section of the report outline the strategic and statutory documents that provide a framework to inform the development 

of a site-specific DCP for Caerleon. It provides an overview of the relevant principles or sections within these documents. 

3.1 Mid-Western Regional Draft Comprehensive Land Use Strategy 

The Mid-Western Regional Draft Comprehensive Land Use Strategy provides a clear direction for future growth 

and land-use change in the area for the next 15 to 20 years. The Strategy provides a context for future land-use 

and sets out Councils intended direction for targeted growth in specific areas. 

Figure 4 – Mudgee Town Structure Plan 

SUBJECT 

LAND 

One of the guiding principles for the Strategy in relation to urban land is to locate future residential and urban 

development in the most suitable areas within and adjacent to the main urban settlements. The Strategy sets a 

‘settlement hierarchy’ which aims to ensure a sustainable pattern of growth in the region and in doing so, sets a 

limit to future urban expansion and growth. 

Mudgee is identified as one of the main urban settlements in the region – a ‘district centre’ – that provides a range 

of business, employment, retail, entertainment and recreational services. The limit for future growth around 

Mudgee established in the Strategy makes allowances for the additional land that will be needed to accommodate 

population growth, and provide housing to accommodate the current and future population. 

The Mudgee Town Structure Plan shows that future urban residential development is designated for an area to 

the north-west of the existing township of Mudgee, adjacent to the railway line. Figure 4 illustrates that the 

subject land comprises the majority of this future urban residential growth area. The subject land is located to the 

east of the railway line. 

The Strategy provides a number of guiding principles for future residential growth. These principles have been 

incorporated in to the site-specific DCP. This section summarises the principles which were used in developing the 

site-specific DCP and Indicative Concept Plan. Section 6 of this report provides justification for the site-specific 

DCP and Indicative Concept Plan against these principles, outlining how the proposed DCP helps to achieve these 

principles. 

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Urban land 

 

 

 

 

Orderly and co-ordinated residential growth in line with the Mudgee Town Structure Plan will ensure accurate supply of land to meet demand for residential housing, as 

well as the ability to provide urban services to the land. 

Potential future residential lot supply in Mudgee identifies the need for 462 future lots in the area east of the railway line (known as precinct 1) and 1,198 future lots in 

the area west of the railway line (known as precinct 2). 

A range of densities should be achieved on land identified for future residential land supply. In addition to traditional residential land, there is also a large lot residential 

component to future residential land supply. 

The area to the west of the railway line (precinct 2) within the north-west urban release area is considered a long term supply option, while the land to the east (precinct 

1) is a short to medium term supply option. 

Environmentally sensitive areas and natural hazards 

 

 

 

 

Avoidance of lands affected by natural hazards such as salinity, flooding and potential bushfire risk. 

Areas of hazardous salinity should be considered as constrained lands and avoided as areas of future potential development. 

Salinity should be addressed at the Master Planning stage in order to appropriately manage this risk. 

Avoidance of environmentally sensitive areas so to minimise risk and enable development to occur. 

Ridgelines and rural views 

 

Ridgelines are visually important elements of the rural landscape and valued by the community. Development should be restricted around the 520 metre contour to the 

south west of Mudgee to reduce visual protrusion of development into the hills. 

Transport 

 

A functional hierarchy of road types throughout the region to ensure safe and efficient vehicular movement, including opportunities for shared pedestrian and cycle links 

between new and existing development areas in Mudgee. 

Servicing 

 

Utilise existing water and sewerage facilities, where possible, and monitor the need for new supply mains and service reservoirs to provide servicing to new 

developments. 

Waste Management 

 

Provide a buffer area between the waste management facility and urban development. 


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3.2 Draft Mid-Western Region Community Plan – Towards 2030 

The Draft Mid-Western Regional Community Plan – Towards 2030 sets out where the Mid-Western community wants to be in the year 2030. It is a future vision developed 

collaboratively between the community and Council and represents the aspirations of the people who live and work within the Mid-Western Region and strategies for 

achieving these goals. 

The most relevant strategies of the Mid-Western Region Community Plan are identified in the table below:- 

Vibrant towns and villages 

 

Make available diverse, sustainable, adaptable and affordable housing options through effective land use planning. 

Meet the diverse needs of the community and create a sense of belonging 

 

Provide equitable access to a range of places and spaces for all in the community. 

Protect and enhance our natural environment 

 

Minimise the impact of mining and other development on the environment both natural and built environment. 

3.3 Mid-Western Regional Economic Development Strategy 

The Mid-Western Regional Economic Development Strategy outlines a shared vision and future economic direction for the region in the next 10 years. The strategy provides 

a broad framework for the various lead agencies and stakeholders involved in economic development, to identify their roles and meaningfully engage in economic 

development initiatives for the region. 

It is Council’s vision that the region is a progressive and prosperous community we proudly call home. 

The key principles that influence economic development in the region in the future are:- 

 

 

 

 

 

 

 

 

Employment – the number of jobs and the level of participation in employment 

Education – the quality and availability of education and supporting infrastructure and services 

Workforce Skills – access to a skilled and flexible workforce with the competencies and capabilities to satisfy industry and business needs 

Business Development – the attraction and retention of a diverse range of businesses who actively participate in business development initiatives and embrace 

creativity, innovation and entrepreneurship 

Investment – a business and economic environment which attracts investment and targets new investment opportunities 

Infrastructure – infrastructure that accommodates economic growth and meets the commercial, industrial and retail needs of the region 

Tourism – diverse tourism offerings to attract visitors 

Marketing – promoting the region as a great place to live, work and conduct business. 

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4 Vision and Indicative Concept Plan 

4.1 Vision 

The vision for the subject site of its owners, Blaxland Property, is to create a well-designed residential neighbourhood founded on principle of sustainability and liveability. 

The vision is founded on the principle of traditional neighbourhood design (TND). TND is a planning concept that aims to create residential neighborhoods that are compact, 

pedestrian-oriented, have a mix of land uses, a variety of housing types, and places such as local neighbourhood centres and parks where people have opportunities to 

socialise and engage in civic life. It is a fundamental principle for the site to provide a range of housing types that cater to a diverse population and respond to the natural 

character of the land. 

The Vision is to create: 

 

 

 

 

 

 

A new, high-quality residential village of approximately 900 – 1,200 lots; 

A connected network of streets and pathways that will enable convenient, safe and efficient movement by cars, bicyclists and pedestrians; 

A community of predominantly residential uses, which also contains a small local neighbourhood centre that contains a mix of land-uses that ensures the daily 

needs of residents are met, including a café, neighbourhood shop and community facilities; 

A variety of residential lot sizes that will provide greater housing diversity and choice, helping to create a balanced and diverse community that caters to the 

needs of all household types; 

Quality open space distributed throughout the site and designed for social activity, entertainment and recreation; 

A new residential neighbourhood that responds to the landform, environmental and natural landscape settings of the site. 

The Principles that underpin the planning and future development of Caerleon include the following: 

 

 

 

Sensitive areas developed with a ‘rural’ character to protect the dramatic ridgelines and hilltops which characterise the land and which are a valued landscape feature of 

Mudgee; 

A range of residential Character Areas linked through a safe and connected street network with dedicated pedestrian and cycle paths and tree-lined streets, to promote a 

healthy and active lifestyle; 

A street network designed to encourage walking, cycling and safe vehicle movements and provide connections to the Mudgee CBD without relying on the Castlereagh 

Highway; 


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Public open space designed for social activity, entertainment, recreation and conservation, and distributed so that all residents are close to a park or green space; 

A balanced mix and distribution of land uses with predominantly residential housing, but also providing for natural and formal recreation, small-scale retail and 

commercial and community uses; 

A variety of housing types and sizes to support the changing demographic needs of the community, including smaller housing – such as townhouses and cottages – in 

key locations around the neighbourhood centre, transitioning to larger, rural-style housing on steeper land; 

A neighbourhood centre at heart of the general residential area providing opportunities for small-scale retail, such as a café and neighbourhood shops, as well as a child 

care centre, to allow residents to meet their daily needs. The neighbourhood centre recognises the existing commercial hierarchy within Mudgee, and is located within 

400m of the majority of homes within the “urban” area to the north of the site so that residents are encouraged to walk and increase their physical activity. 

Retention of important environmental and cultural features of the site such as high-value biodiversity, drainage corridors and Aboriginal heritage items. 

4.2 Indicative Concept Plan 

Figure 5 – Indicative Concept Plan 

The Indicative Concept Plan represents a preferred planning outcome for the development of the land. It 

provides the indicative location of proposed land uses, thoroughfares and open space to guide future planning 

and development controls. The key features of the Indicative Concept Plan are: 

 

 

 

 

 

 

A total lot yield of approximately 900 – 1,200 lots; 

A neighbourhood centre comprising 2 hectares of land located in the northern portion of the site; 

Approximately one fourth of the site as standard residential development area (80 hectares or 26% of site 

area); 

Approximately one fourth of the site as large lot residential development area (75 hectares or 24% of site 

area); 

Approximately half of the site as rural residential land, where development will be restricted or very 

limited (128 hectares or 42% of site area); 

The balance of the site as public open space, comprising of dedicated local public parks, a ‘green’ buffer 

along the railway line and the riparian corridor. 

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5 Caerleon DCP 

This section outlines the proposed site-specific DCP prepared for Caerleon, known as the Draft Caerleon Development Control Plan. Table 2 provides a detailed description of 

each section of the Draft Caerleon DCP and the controls therein, as well as the purpose and justification for the proposed controls. 

Where a proposed control differs from the equivalent control in Council’s current Residential DCP, then it is flagged in the table below. Section 6 of this report provides the 

details and reasoning for any variation between the proposed DCP and Council’s current Residential DCP. 

Table 2 – Explanation of Draft Caerleon DCP 

DCP chapter 

1 Introduction 

Description and justification 

1.1 Land to which this DCP Applies Explains the land to which the DCP is applicable and provides an area plan to demonstrate which land is affected by 

the DCP. Annexure A includes a description of every land parcel (lot and DP) affected by the DCP. 

1.2 Purpose of this DCP Explains the purpose of the DCP. 

1.3 Relationship to other Plans Describes all other plans and policies of Mid-Western Regional Council that should be read in conjunction with the 

DCP. Whilst the DCP is able to stand-alone as a site-specific set of controls, the DCP does not repeat other applicable 

controls within other plans of Council. For example, the car parking controls within the Car Parking DCP are applicable 

to the subject land, and thus are referred to in the site specific DCP. 

1.4 Structure of this DCP Explains how the DCP is structured. 

2 Vision 

Where there is an inconsistency between this DCP and any other DCP or Policy of Council, the site specific controls of 

this DCP shall prevail. 

2.1 Vision and Principles Describes the vision and principles that are to guide all future development within the Caerleon land. 

It is important to articulate the vision for the land, as well as the principles that guide the planning and future 

development, to ensure all future development is consistent with the overarching vision. Refer to section 4.1 of this 

report. 

2.2 Indicative Concept Plan Illustrates the Indicative Concept Plan (ICP) for the Caerleon land. 

The ICP shows the broad development footprint and land uses, and location of the local neighbourhood centre, open 

space, major easements, key transport linkages and drainage corridors and buffers. 


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The ICP has been developed through a detailed master planning process, involving workshops with the technical 

specialist team to address development potential, issues, constraints and the vision for each special Character Area; 

investigations and recommendations by specialist consultants; and ongoing liaison with Council. 

Section 2.2 of the DCP requires that all future development is undertaken generally in accordance with the ICP. 

However, as the ICP is a broad level concept for the land and subject to detailed design at the subdivision stage. 

Where future variation from the ICP is proposed, all development will be required to remain consistent with the Vision 

and Principles for Caerleon and other controls in this DCP. For example, this means the location of local streets within 

Caerleon must be consistent with street width and dimension controls contained further in the DCP, but may vary 

from the indicative locations shown in the ICP. 

2.3 Character Areas Caerleon comprises of four Character Areas, which are described in this section of the DCP. The four Character Areas 

which are described in the DCP are: 

 

 

 

 

Neighbourhood Centre 

General Residential 

Large Lot Residential 

Rural Residential. 

3 Access and Movement 

Each Character Area has an authentic quality that responds to its location within the site (its context, adjacent uses 

and topography), as well as the future population needs and market demand for development in the area. Each 

Character Area contributes to creating a sustainable neighbourhood, with a distinct identity and ‘sense of place’, but is 

unique to the physical and visual qualities of the natural landscape. 

Due to the different topographical features of the site – where some areas are relatively flat whilst others are heavily 

undulating – the use of Character Areas ensures that future development is appropriate to the conditions of the site. 

The Character Area statements in the DCP describe the desired built form and landscape within each part of the site. 

The DCP describes the intended land uses, lot sizes, built form, and landscape and public domain requirements for 

each Character Area. 

All development must demonstrate how it is consistent with the Character Area within which it is located. 

3.1 Street Network and Design This section of the DCP describes the street network proposed for the Caerleon land. 

Street hierarchy 

Caerleon is designed with a hierarchy of street types that form a permeable street network. The new neighbourhood 

is designed around a main north-south collector street that runs across the majority of the land. This north-south 

collector street connects Hill End Road to Fairydale Lane, thereby connecting the new street network with existing 

roads in Mudgee. This main collector street services the majority of the residential lands, while a secondary collector 

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Figure 6 – Indicative Street Hierarchy Plan 

street feeds off the main north-south collector to service the lands on higher slopes to the south of the site. 

The collector streets ensure that traffic will be evenly distributed across the neighbourhood. The road will be designed 

to accommodate a bus route in the future. 

Residential local streets feed off the main collector to provide access to the majority of residential properties in the 

General Residential Character Area. These streets are designed to slow residential traffic and give priority to 

pedestrians and cyclists. 

Special rural streets are included in the hierarchy to provide access to the R5 land with larger lot residential properties 

on steep slopes. These rural roads are designed to have a rural character which is in-keeping with the character they 

serve. 

The hierarchy also establishes a new laneway street type that can be used to provide access to developments fronting 

the collector road in the Neighbourhood Centre Character Area. For example, local shops that front onto the main 

road in the neighbourhood centre will be able to be accessed from the rear, as well as allow servicing from the rear. 

This ensures the neighbourhood centre is an active space with a focus on pedestrians rather than cars, which will 

serve to activate and provide more surveillance on the street. 

A ‘Neighbourhood Centre Road’ is included into the street hierarchy. This road type is used on that part of the 

collector street that traverses the neighbourhood centre. It is specially designed with an extra wide reserve (31 

metres) to create a comfortable and safe pedestrian environment, provide footpaths and accommodate on-street 

parking bays. Additional on-street car parking in the form of 60 o angled parking bays in the neighbourhood centre will 

encourage public activity and use of the retail, commercial and recreational spaces and provide convenient access to 

the neighbourhood centre for all residents. 

Cul-de-sac streets are included in the street hierarchy. Cul-de-sacs in the general residential areas are provided with 

ample road width to accommodate garbage truck movements. Cul-de-sacs longer than 100m will have a wider road 

width as they will service a greater number of dwellings, and thereby a larger number of vehicles. Cul-de-sacs for 

rural parts of the site are also included in the street hierarchy, recognising that the characteristics of these streets will 

be different to cul-de-sacs in the general residential area. Rural cul-de-sacs have a wider verge but the carriageway is 

narrower (6m) in comparison to the general cul-de-sacs, as they will service fewer dwellings. 

There are nine proposed street types: 

Laneway 

Minor Access Street - Cul-de-sac 

Minor Access Street - Cul-de-sac (longer than 100m) 

Residential Local Street 

Residential Collector Street 

Residential Collector Street with Median 


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Neighbourhood Centre Road 

Minor Rural Access Street / Cul-de-sac 

Rural Road. 

The type of street that is selected for each part of the site, as shown in the Indicative Street Hierarchy Plan, 

complements the characteristics of the Character Area which it serves. 

Street design 

Each type of street has unique widths, verges and landscape treatments to distinguish its role and function within the 

street hierarchy. 

The proposed street design controls contained in the Draft Caerleon DCP (including street widths, verges and 

landscape treatments) are similar to Council’s typical road standards contained in the Residential DCP, though there 

are some minor variations. The variations are explained and justified in Section 6 of this report. Notwithstanding the 

variations, the proposed street design controls for Caerleon will ensure safe vehicle, pedestrian and cyclist movement. 

The typical road cross sections are generally consistent with AMCOR guidelines. Road connections, pedestrian 

footpaths, bicycle paths and nature strips (verges) are to be provided throughout the neighbourhood. Pedestrians will 

therefore have a pleasant environment to move around the neighbourhood. 

Pedestrian footpaths or shared pedestrian/bicycle pathways are provided on the majority of street types, with the 

exception of cul-de-sacs, rear laneways and rural roads where a pedestrian pathway is not required. On rear lanes, 

footpaths will not be required as the laneways are intended to provide vehicle and service vehicle access to lots, and 

will be provided generally in the neighbourhood centre where pedestrian activity will be focused on the main streets. 

On rural roads, pedestrian activity will be minimal therefore footpaths are not considered appropriate. 

At the head of cul-de-sacs, footpaths will not be required, but may be provided. The majority of cul-de-sac roads are 

provided in the rural areas to access rural-residential properties thus pedestrian linkages are not considered 

necessary. 

The kerb type for each road differs depending on the location of the road and the area it service. Barrier (or up-right) 

kerbs are used on laneways and along the neighbourhood centre road in order to create a more ‘urban’ character, 

reflective of the fact that these street types would only be used in and around the neighbourhood centre which is 

intended to have a more fine-grain, ‘urban’ character. Upright kerbs on streets in the neighbourhood centre will also 

differentiate this area from the residential areas, thereby making it a unique ‘attractor’ for the neighbourhood centre. 

Roll kerbs are used on the majority of other roads in keeping with Council’s current standards for kerb types. 

Rural areas need design solutions and road standards which are appropriate to their character and setting. In these 

areas the application of urban standards, such as kerb types, are inappropriate to the natural setting. Flush kerbs may 

be used on rural roads as an appropriate alternative. 

In recognition of the amount of open space provided across the site, verges abutting open space and riparian areas 

16 


may be reduced to 1m in width providing where no servicing infrastructure is installed on the non-residential side of 

the road. The amenity of the street will not be affected as the adjacent open space and riparian areas will provide 

ample green space. 

Access 

Access to Caerleon will be gained from two locations; a new intersection at Hill End Road to the north and a road 

connection to Gladstone Road via Fairydale Lane to the south. These connections will provide convenient vehicle 

access to and from Mudgee CBD and surrounding areas. 

According to the Traffic and Transport Assessment undertaken by Traffix (Attachment B), the Hill End Road access is 

expected to form a more favourable route than Fairydale Lane, even for southbound vehicles, as the majority of 

residential density will occur in the northern portion of the site. Where the collector street intersects with Hill End 

Road, the collector street will be widened to 21m to accommodate a median for safe vehicle movements. 

It is noted that the Traffic and Transport Assessment proposed upgrading of the intersection of Hill End Road and 

Castlereagh Highway with channelised right turn treatment. This upgrade is not required for network efficiency 

reasons, but could be considered to enhance safety of vehicle movements at the intersection. The requirement and 

timing for upgrading of surrounding roads shall be addressed in outlined in a condition of Development Consent or 

Voluntary Planning Agreement. 

The DCP contains a control relating to the staging / timing of construction of the Residential Collector Street linking 

Hill End Road to Fairydale Lane. It states that the timing of this road shall be outlined in a condition of Development 

Consent or Voluntary Planning Agreement, so as to provide certainty for future development. The Traffic and 

Transport Assessment does not indicate this road is required to be fully constructed in the early stages of 

development for any traffic management reasons. 

The Indicative Street Hierarchy Plan provides for a secondary potential connection across the Gwabegar railway line to 

Saleyards Lane to the east. This potential road is shown on the Indicative Street Hierarchy Plan in order to allow for 

potential future connectivity to the Mudgee CBD, however there is no current requirement for this road to be 

constructed as there is sufficient capacity within the proposed road network to manage the traffic generation from the 

Caerleon site. A range of matter would need to be resolved to deliver this road connection, including drainage and the 

cost of a new grade separate railway crossing. 

3.2 Pedestrian and Cycle Networks Illustrates the location of pedestrian and cycleway throughout the site. 

Pedestrian and cycleways follow the street network along collector streets, residential local streets and the 

neighbourhood centre road. Shared paths for both pedestrian and bicycle use are located along the collector streets to 

link the residential areas to the neighbourhood centre. This network of paths also follows the open space network 

along the landscaped buffer adjacent to the railway line, and intersects with a dedicated off-road pathway network 

provided within the landscaped portion of the drainage corridor. 

The DCP includes a control to ensure the dedicated off-road pathway within the drainage corridor is located in the 


17

Figure 7 – Indicative Pedestrian and Cycle Network 

Plan 

outer 50 per cent of the corridor. This is consistent with NSW Office of Water Guidelines for riparian corridors on 

waterfront land (published July 2012). The guidelines outline the minimum width of riparian corridors, and explain the 

types of development that can be undertaken in the outer 50 per cent of the corridor. The Guidelines state, 

‘Cycleways or paths no wider than four metres total disturbance footprint can be built in the outer 50 per cent of the 

vegetated riparian zone’. 

A pedestrian / cycleway is also located along the north-south road that adjoins the railway corridor. This is consistent 

with the guidelines for development near rail corridors, which state that there should be cycle or pedestrian paths 

along the railway line to improve accessibility in new residential land release areas (Development near Rail Corridors 

and Busy Roads – Interim Guideline, published December 2008). 

The DCP proposes a control whereby pedestrian pathways at the end of cul-de-sacs are not required. This is a 

variation from Councils current DCP; this variation is explained and justified in Section 6 of this report. 

In recognition of the potential future road connection across the railway line, the DCP also includes a control that 

requires pedestrian / bicycle pathways to be provided on the east-west road that would form the connector road to 

the west. Any future road connection would thereby be have pedestrian and cycle links directly to Caerleon. 

The proposed pedestrian and cycle network is shown in Figure 7. 

4 Open Space and Public Domain 

4.1 Public Open Space Outlines the requirements for the provision of public open space throughout the Caerleon site. 

A network of open space comprising riparian corridors, ‘green’ buffers and local pocket parks is provided within the 

ICP. The open space network provides the community with a range of recreational opportunities including passive, 

active, formal and informal public open spaces and play opportunities that will support future residents and visitors. 

The open space is designed to provide a recreational, environmental and aesthetic role for the community. 

The standard that is commonly adopted as a benchmark for planning purposes indicates an acceptable level of open 

space provision is: 

 

2.8 hectares (ha) of usable open space per 1,000 people 

This translates to a standard open space provision of 7.112 ha for whole Caerleon development (based on a lot yield 

of 1,000 lots and occupancy rate at 2016 of 2.54 people per allotments). In total, the ICP provides more than double 

the amount of open space required. In addition, the upper slopes of the site will contain very large or rural lot, where 

existing vegetation will be retained. 

18 


Figure 8 – Indicative Public Open Space Plan 

A description of the open space network is provided below:- 

Local pocket parks 

Local parks are distributed throughout Caerleon within walking distance of residential areas. These local parks are 

distributed so that most residents are within 400m of an area of public open space. The local pocket parks will be able 

to accommodate a range of uses, such as children playgrounds, passive areas, picnic and BBQ areas, densely 

vegetated areas and / or small kicking grounds. 

A local park is to be located within, or directly adjacent to the Mixed Use zone. In this location, the open space will 

contribute to the neighbourhood centre by providing a passive gathering place for the community where children can 

play, and visitors and residents can socialise, and will allow for passive surveillance opportunities to maximise safety in 

the neighbourhood centre. The DCP requires open space area to be co-located alongside an active use, such as a child 

care centre; be highly accessible; and be linked to the pedestrian/cycleway. 

Green open space buffer 

A buffer is provided along the western boundary of the site adjacent to the existing and disused Gwabegar railway 

line. The DCP contains a control stating that a 50m wide buffer is to be provided, however a buffer width of 40m is 

considered to be a preferred solution. 

A buffer width of 40m is supported for the following reasons:- 

 

 

 

 

The provision of a 40m buffer is consistent with the NSW Department of Planning and Infrastructure guidelines 

for development near rail corridors (Development near Rail Corridors and Busy Roads – Interim Guideline, 

published December 2008). The guidelines do not provide a numerical standard, however state that: 

‘When considering residential subdivision located near a rail corridor, potential noise and vibration 

impacts should be considered at the master planning/concept planning stage… In some cases, it might 

be appropriate to design open spaces adjacent to the busy road/railway corridor to setback residential 

uses to reduce noise exposure.’ 

The width of rail corridor buffers is determined on a case-by-case basis. A comparison of surrounding areas was 

therefore undertaken to ascertain the typical distances between residential development and railway lines in 

regional areas. The analysis showed that comparable areas generally provide buffers of 40m. For example, the 

Glen Ayre development to the south-east of the Caerleon site, which is also located adjacent to the Gwabegar 

railway line, provides buffer of 35m to 40m in width between the railway line and residential lots. 

Although the railway line is closed, the provision of a 40m buffer is an appropriate distance to manage any 

potential noise and vibration impacts if the railway line is used in the future. 

A 40m buffer distance is suitable to minimise visual impact of the rail corridor for nearby residential development. 


19

The cost of landscaping and maintaining the buffer is significant; thus, the unnecessary provision of an addition 

10m along the length of the railway line is considered to be an unproductive and inefficient use of land. 

For these reasons, it is proposed that a 40m buffer is adopted within the final Caerleon DCP. 

Riparian corridor open space 

The riparian corridor is an open space area that integrates water management facilities with the riparian function of 

the drainage line. The corridor will provide recreation opportunities for residents, such as walking or cycling along 

shared paths and walking trails, as well as function as a drainage line for water management purposes. 

The DCP includes a control requiring existing vegetation, such as endemic native species within the riparian open 

space to be retained, in order to maintain the amenity of this bushland setting. The DCP also includes a control 

requiring walking trails and path/cycleways to be provided in the corridor. 

As the riparian corridor stretches along a significant portion of the site, the DCP requires that any subdivision 

application (or any other development) that relates to any part of the 40m wide drainage corridor must comply with 

the requirements of the Water Management Act 2000 and obtain controlled activity approval. Applicants will be 

required to demonstrate that the proposed development will not adversely impact the stability, drainage function or 

vegetation connectivity of the riparian corridor. This will ensure the ongoing function and health of the riparian 

corridor. 

Landscaping of public open space 

The DCP includes a control requiring a Landscape Plan to be prepared for any Development Application that creates 

public open space. The Plan will need to provide details such as:- 

 

 

 

 

 

 

 

 

 

design philosophy; 

furniture and play equipment; 

plant species and sizes (with consideration for bush fire risks and asset protection zones); 

hard and soft landscaping treatments; 

signage; 

any entry statements; 

waste facilities; 

linkages to adjacent areas, streets and dwellings; and 

any other embellishment. 

4.2 Street Planting Outlines specific controls for planting of trees along streets in Caerleon. 

Street trees are important for the character of the site. Street trees within Caerleon will improve the public domain by 

providing a soft element into the streetscape and provide shade for cyclists/pedestrians. However, the DCP will also 

ensure the safety of travelling vehicles by requiring street trees to be a certain level of maturity when planted, to 

20 


ensure sight lines of drivers are maintained. 

The DCP includes a requirement for at least 1 tree to be planted per lot frontage. On corner lots, at least 2 street 

trees must be planted on the secondary frontage. This control represents a slight variation from Council’s current DCP, 

however an explanation and justification is provided in Section 6 of this report. 

5 Residential Development 

5.1 Subdivision 

Street trees are generally to be 1.5m – 2.0m in height when planted, thereby ensuring an appropriate height and 

maturity that complements the character of Caerleon. This tree height exceeds the current tree height controls 

contained in Council's existing Residential DCP. 

This section of the DCP describes the controls for residential subdivision in Caerleon. 

5.1.1 Density and Lot Size 

The aim of the density and lot size controls is to ensure future subdivision design:- 

 

 

 

 

 

 

helps to achieves the Mid-Western Regional Councils target of a minimum of 1,198 future lots within the site; 

provides lots of a size appropriate to residential living, having regard to any development constraints or 

environmental qualities of that land; 

provides lots that will allow adequate solar access to residential dwellings; 

provides for a variety and mix of housing types that respond to different Character Areas; 

protects the natural landscape features and ridgelines; 

discourages dual occupancy and in particular battle axe developments, and ensures corner sites are developed to 

contribute to a strong and legible streetscape character. 

R1 General Residential Zone 

The forthcoming LEP sets a range of minimum lot sizes for land in the R1 zone, ranging from 4,000 m 2 on the hilltops 

to a minimum of 450m 2 . 

The DCP provides an additional level of detail to guide where small lot housing (between 600m 2 to 450m 2 ) should be 

located within Caerleon. Residential lots of 450 – 600 m 2 will only be allowed in specific areas that have high levels of 

amenity, as shown in the Density Allocation Plan (Figure 9). These specific areas include areas adjacent to public open 

space, the neighbourhood centre or major streets. Locating small lots in these areas allows residents of small lot 

housing to have convenient access to public open space. This is desirable for some people who want to avoid 

spending time maintaining a garden or who do not desire large backyard, and rather prefer to trade-off a large 

backyard for better access to the neighbourhood centre. 

The allocation of lot sizes will ultimately be determined at the subdivision stage, and will be led by market demand 

and housing trends. 


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Figure 9 – Indicative Density Allocation Plan 

Small lot housing has a number of advantages, such as:- 

 

 

 

 

 

helping to create sustainable and diverse communities, which offer diversity in housing types and cater to many 

people’s needs; 

helping to respond to the housing needs of communities as they change over time (for example, as couples grow 

older and as children leave home, the ‘traditional’ family home is often no longer ideal and residents seek out 

smaller housing that requires less maintenance); 

providing flexibility in housing choice, giving future residents a range of options to consider apart from the 

‘traditional’ family home; 

helping to cater to an increasing proportion of households comprising single persons, couples without children 

and single parent families, who often look for smaller, lower maintenance homes which suit their lifestyles and 

budgets; 

creating more affordable housing, because the amount of land take is reduced, but at the same time ensuring 

that the affordable homes are still located in places with good amenity and access to shops and open space. 

The DCP also includes a control for subdivision of lots that contain a dual occupancy development. The objective of 

this control is to discourage the creation of small lots in undesirable locations, or which would result in a poor quality 

outcome for residents. Subdivision of one lot into two lots is encouraged only where the resulting lots are both equal 

to, or greater than, 600m 2 . Other forms of subdivision, such as battle-axe development, are discouraged. 

B4 Mixed Use Zone 

The forthcoming LEP does not set a minimum lot sizes for land in the B4 zone because this area is expected to contain 

a mix of retail and community uses, such as a cafe, child care centre and small grocery shop. Refer to Section 6 of this 

report for more details about the Neighbourhood Centre. 

A control has been introduced into the DCP to outline the type of residential development that could occur in the 

neighbourhood centre, given there is no allocated minimum lot size in the LEP. The DCP states that medium-density 

housing such as terraces or townhouses may be developed in the neighbourhood centre on smaller lots (i.e. lots less 

than 450m 2 ). The limited size of the B4 zone – only 2ha – means that only a few medium-density dwellings would be 

able to be developed. Medium-density housing provision will be led by market demand. 

R5 Large Lot Residential Zone 

The forthcoming LEP sets a minimum lot size for land in the R5 zone, being predominantly being 4,000m 2 and a small 

pocket of land with a minimum lot size of 1,200m 2 . 

The DCP provides additional control for subdivision of land in the R5 zone. The purpose of this additional control is to 

ensure development on higher land will complement the visual setting of the ridgelines forming the backdrop of 

Mudgee. The DCP introduces a control requiring all development to be sited to minimise visibility above ridgelines, so 

to protect land at or above the 520m contour line. 

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5.1.2 Subdivision Earthworks This control aims to ensure topsoil and vegetation removal and 'land-shaping' on land where residential subdivisions 

are being constructed, is undertaken only where it is justified and contributes to the overall design quality of the 

development. Any Subdivision Application proposing subdivision earthworks will be required to adhere to this control. 

5.2 Building Design 

This section of the DCP describes the controls for residential building design in Caerleon. The controls are intended to 

ensure a high level of quality in the built form and set a benchmark for residential development in Mudgee. 

5.2.1 Streetscape 

Streetscape controls relate to the selection of materials, finishes and colours for all residential buildings in Caerleon, as 

well as the ‘siting’ of buildings in relation to the street. The intent of these controls is to ensure there is variety in the 

streetscape which reflects the Character Area in which the development is located. The overarching aim is to 

encourage attractive and cohesive streetscapes. 

The DCP controls require all development to be sited and designed to achieve the desired neighbourhood character of 

the Character Area in which it is located. These controls are descriptive controls which are supported by the built form 

and envelope controls contained later in this section of the DCP. The controls for each Character Area are summarised 

below:- 

 

 

 

 

Neighbourhood Centre Character Area: active streetscape characterised by a mix of retail, commercial and 

community uses, as well as medium-density residential. Zero setbacks are encouraged with extensive use of glass 

and awnings along the main street. 

General Residential Character Area: variety in the streetscape should be achieved through articulated 

building form, high-quality fencing, variety in setback controls which reduce the visual dominance of garages on 

the streetscape and create a balance between the street and built form. 

Large Lot Residential Character Area: streetscapes reflect the environmental and topographic constraints of 

the steeper land in this Character Area, with more generous setback controls for built form. 

Rural Residential Character Area: located within a rural landscape setting, streetscapes are dominated by 

natural features including extensive vegetation, with buildings set back significantly and sited to integrate with 

the landscape. 

5.2.2 Housing Types 

The DCP encourages a mix of housing types in Caerleon. The predominant housing type is envisaged to be ‘traditional’ 

detached residential dwellings on 600m 2 – 800m 2 lots. To create diversity and increase housing choice, small lot 

housing on lots down to 450m 2 is encouraged. This may include terraces, townhouses or cottages. Larger lots shall 

contain detached housing and rural-style dwellings on steeper land or land at or above the 520m contour line. 

The DCP requires that the type of housing is consistent with the Character Area in which it is located. Where 

residential development is proposed in the neighbourhood centre it is encouraged to be medium-density housing, such 

as an attached row of terraces, to maintain the 'urban' character of the neighbourhood centre. 

The DCP also includes a control that discourages battle-axe style dual occupancy development, as this form of housing 

is generally not well designed, resulting in amenity impacts or garages dominating the streetscape. 


23

5.2.3 Built form and building envelope 

This section of the DCP contains controls for building setback requirements and building design. The purpose of this 

DCP control is to encourage variety in the built form and good-quality building design throughout Caerleon. 

Building setback is defined as the minimum distance which a wall-face is required to be from a property boundary. 

Setback controls within Caerleon are designed specifically to take into account the variety of different lot sizes across 

the site. Different setback controls are therefore applied depending on the size of the lot. The setback controls are 

outlined in Section 6 of this report. 

Front building setbacks vary from 4.5m to 10.0m depending on the lot size, increasing as the lot size increases. All 

garages are required to be setback at least 1.0m behind the front building line, so as to not dominate the streetscape. 

A 1.0m ‘articulation zone’ is also provided. The articulation zone is a distance forward of the building line where 

elements that provide architectural interest can encroach into the front setback. Elements such as articulation 

features, awnings, bay windows and eaves, are encouraged to further contribute to the building design and add visual 

interest to the street. 

Providing a variety of setback and articulation controls for the housing in Caerleon will assist to create more diversity 

in the streetscape. Smaller front setbacks for some small lots will have benefits for the ultimate character of the 

streetscapes. The setback controls have been specifically designated to ensure the built form will be balanced with the 

street width, particularly when housing is located on main roads. Bringing the front setback forward for small lot 

housing creates a more diverse, defined and distinguished built form, which will have a more balanced outcome for 

the streetscape in terms of design and visual interest. In turn, this contributes to the overall character of houses and 

streets in Caerleon. 

Minimum setback controls are also provided for medium-density dwellings below 450m 2 (refer to Section 6 of this 

report). The DCP provides specific controls for medium-density housing so that an appropriate built form is established 

in the neighbourhood centre. 

The DCP also proposes an additional control for zero lot dwellings. Zero lot dwellings are dwellings that have one or 

more walls abutting the boundary with the next lot. The control provides specific requirements for zero lot dwellings, 

such that the boundary wall is limited to 35 per cent of the length of the boundary, or 20m, whichever is greater. The 

DCP requires any Development Applications which propose zero lot dwellings to demonstrate suitable outcomes in 

terms of solar access and overshadowing. 

In conjunction with other controls for the building design (articulation), public domain and landscaping, these controls 

will distinguish homes in Caerleon as unique and new form of standard type of housing. 

5.2.4 Landscaping and private open space 

This section of the DCP outlines the minimum requirements for private open space for residential development within 

Caerleon. The DCP controls ensure an appropriate amount of private open space is provided for all dwellings. The 

following rates are adopted:- 

 

Residential dwellings on lots < 600m 2 are required to provide a minimum of 15% of Private Open Space. 

24 


Residential dwellings on lots > 600m 2 are required to provide a minimum of 20% of Private Open Space. 

Small lots less than 600m 2 have a smaller private open space requirement to reflect the reduced amount of land 

space. However, the DCP Density Allocation requirements ensure that small lot housing is located within walking 

distance of an area of public open space. Therefore, residents of small lot housing with 15% private open space will 

not be disadvantaged, and rather will have excellent access to public open space areas where a range of opportunities 

for passive and active recreation will be provided. 

5.2.5 Vehicle access, car parking and garage 

design 

Outlines additional requirements for vehicle access, car parking and garage design for residential development. 

This section of the DCP should be read in conjunction with Council’s current Car Parking DCP. All residential 

development is required to provide car parking at the rates outlined in Council’s existing DCP, being:- 

 

 

1 space per 1 or 2 bedroom house 

2 spaces per 3+ bedroom 

The purpose of this section of the DCP is to provide site-specific controls which respond to the special circumstances 

and vision for Caerleon, and to provide additional controls not contained in Council's current Car Parking DCP . The 

controls will ensure parking areas, driveways and garages are carefully designed so they are safe, accessible and do 

not detract from the appearance of the streetscape. The controls ensure garages and driveways do not have a 

negative impact if constructed on or near the front boundary. 

The controls provide that:- 

 

 

 

 

the minimum width of a driveway is 3m, which can be of a mix of materials; 

driveways are generally to be offset by 1m from the side boundary for all residential development; 

landscaping is encouraged within setbacks between driveways and boundaries; 

the garage shall not comprise more than 50 per cent of the front building elevation. 

In addition to these controls, rear access may to be provided to residential development on lots less than 450m 2 

within the Neighbourhood Centre, in order to reduce the visual impact of the garages when the homes are viewed 

from the main street. Provisions for rear access are included in the road cross sections outlined earlier in the DCP. 

This control ensures the streetscape in the neighbourhood centre remains active and pedestrian-focused. 

Outlines the minimum requirements for fencing across each of the Character Areas. 

5.2.6 Fencing 

Fencing is an important streetscape element. High quality front fencing contributes significantly to the streetscape and 

character of an area. For the purpose of this DCP, front fencing is any fence between the front alignment of a building 

and the street boundary. 


25

All proposed fencing must be suitable to the Character Area, respond to the architecture and design of the building, 

and provide visual interest to the streetscape. Where a fence is provided with a dwelling house, the material and finish 

of front fences shall be coordinated with the architecture of the dwelling on the site. 

Furthermore, while privacy and security of households is an important consideration, high blank fencing along the 

street has a negative impact on the streetscape, personal safety and security. High fencing reduces the opportunities 

for passive surveillance and is therefore not desirable and should be avoided. 

Taking account of these objectives, the DCP provides the following maximum fence heights for residential 

development in the R1 zone:- 

 

 

 

 

1.0m for the front fence 

1.0m for the side boundary fence (where it is forward of the front building line) 

1.8m for the side boundary fence (where it is behind the front building line) 

1.8m for the rear fence. 

All front fencing and fencing forward of the building line must be constructed of visually permeable materials, with at 

least 50% of the fence structure constructed visually permeable material (such as such as timber picket). 

The DCP also provides additional controls to ensure fencing on corner lots is not excessive. It requires fencing on the 

secondary frontage of a corner lot to be equal to or less than 50 per cent of the length of that lot boundary. This will 

ensure that fencing does not dominate the streetscape for any great length. In addition, the DCP required that 

landscaping be provided on the street side of a fence where sheet metal fencing is provided, which will assist to 

reduce the visual dominance of blank fences. 

In addition to these controls, the DCP provides specific fencing controls for residential development within the R5 zone 

due to the different character of this land. Fencing is to be either open-style post and rail, or, post and wire. This DCP 

control will ensure development on upper slopes is rural in nature and complements the natural landscape context. 

5.2.7 Waste disposal 

Includes a control requiring waste storage areas and bins to be concealed from public view and stored on individual 

properties. The purpose of the control is to ensure bins and waste storage areas are not visible from the public 

domain, to ensure an attractive streetscape. 

5.2.8 Residential earthworks 

This section of the DCP contains controls for cut and fill associated with residential development. The controls in this 

section have been prepared generally on the basis of controls within State Environmental Planning Policy (Exempt and 

Complying Development Codes) 2008. 

The purpose of the section is to control excavation to ensure that new development respects the topography and 

natural fall of the land. It also aims to discourage alteration or redirection of natural flows of ground water. The 

26 


proposed DCP controls ensure that development consent is obtained for any development that involves placing fill on 

the land (in excess of 100mm topdressing) unless the development is exempt and complying development for the 

purposes of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. 

Other controls for residential earthworks include the following:- 

 

 

 

 

 

A maximum of 600mm cut or fill below or above ground level (existing) is permitted. 

Cut and fill must be at least 900mm from each lot boundary. 

Development must provide adequate drainage lines to ensure surface water is disposed of without causing a 

nuisance to adjoining owners, and must not redirect the flow of surface water onto an adjoining lot. 

Cut and fill must be located at least 1m from any registered easement, sewer main or water main. 

If the fill is more than 150mm deep it must not occupy more than 50 per cent of the landscaped area. 

5.3 Additional Controls for Development 

on Steep Slopes 

In addition to these controls, Section 5.3.4 of the DCP contains special controls for cut and fill on steep slopes. 

This section of the DCP outlines specific controls for land on steep slopes in Caerleon. For the purposes of the DCP, 

steep slopes are defined as slopes in excess of 15 o . 

5.3.1 Siting and visual impact 

Outlines controls for the location, or siting, of buildings on land that contains steep slopes. 

The objective of these controls is to ensure the ridgelines of Mudgee are considered as part of the development and 

design of new residential buildings. The controls require the visual impact of dwelling houses on steep slopes, in 

particular dwellings at or above the 520m contour, to be minimised through appropriate siting, landscaping, and the 

use of materials and colours sympathetic to a rural environment. Generally, dwellings are encouraged to be sited on 

the flattest section of each site and where possible, on the lowest contour of site. 

To provide additional certainty to the community, the DCP requires Subdivision Applications for land with steep slopes 

to identify the general building envelope for the future dwelling. Preliminary input from qualified geotechnical and civil 

consultants will be required to accompany these Applications. This will ensure the site stability is not compromised, 

that appropriate engineering solutions are provided, and that the visual impact of the development is considered at 

the early, subdivision stage. 

5.3.2 Building height 

Outlines controls relating to the height of buildings on land with steep slopes. 

The purpose of this control is to explain how development on steep slopes should be designed to achieve compliance 

with the height standards of the LEP. This control encourages applicants to consider the building height plane when 

designing dwellings on steep slopes in order that development can step down the block to follow the topography of 

the land. Building height plane means a plane projected at an angle of 45o over the actual land to be built upon from 

a vertical distance (of 8.5m) above ground level at the side boundaries of the site. 


27

5.3.3 Sheds, outbuildings and detached garages 

Outlines controls for sheds, outbuildings and detached garages in development on steep slopes. 

The purpose of this control is to ensure that sheds and outbuildings are located to minimise impact on neighbouring 

properties, and in particular to ensure such structures to not dominate the landscape. The DCP control provides that 

sheds, outbuildings, detached garages and any other ancillary structures shall be located to protect the major 

topographical feature of the land – the ridgeline. These structures are therefore to be located behind or adjacent to 

the dwelling, with appropriate landscaping provided around the structure to minimise its visibility from the public 

domain. 

This control will support the LEP clause regarding visually sensitive lands and will further assist to protect the 

important natural landscape features of the land. 

5.3.4 Cut and fill 

Outlines specific controls for earthworks proposed to be undertaken on steep slopes. 

The purpose of this control is to ensure that site stability is not compromised by proposed development of the land, 

and to ensure the necessary technical investigations are undertaken prior to development for the safety of 

development and the community. As such, the DCP control requires that an appropriate construction methodology is 

outlined in the Development Application for building construction on land with steep slopes. This provides applicants 

with the opportunity to investigate a range of engineering solutions to ensure the stability of future development. It 

also provides Council with certainty at the development application stage that the land can accommodate the 

proposed development. A range of construction methodologies may be investigated, including raised floor construction 

or stepped construction requiring cutting. 

6 Neighbourhood Centre 

6.1 Land Use 

Applicants will be required to provide a detailed report and/or plans from qualified geotechnical and structural 

consultants with a Construction Certificate Application to demonstrate safety and avoid areas of land slip. 

The Neighbourhood Centre Character Area is a 2ha area of land located in the central northern portion of the land. 

The controls in this section of the DCP apply to permissible development in the Neighbourhood Centre Character Area; 

that is, the land zoned as B4 Mixed Use in the Mid-Western Regional LEP 2012. The controls are intended to guide 

design and development in the Neighbourhood Centre Character Area to ensure development meets the objectives of 

the Character Area, outlined in Section 2.2 of the DCP. 

The type of land uses that are encouraged within this Character Area include local retail, commercial, community and 

open space land uses that serve the everyday needs of the local community. Where the uses are permissible in the R1 

zone, these land use may spill into adjacent R1 General Residential land. For example, an open space park may be 

provided directly adjacent to the Neighbourhood Centre but on land zoned as R1 General Residential. 

The type of retail uses to be provided in the Neighbourhood Centre should be small-scale convenience stores, cafés 

and the like. Development must have regard to, and maintain, the commercial hierarchy of Mudgee. Therefore large- 

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scale retail facilities are not encouraged, and the size of the B4 zone impedes larger retail uses. The DCP provides a 

control to achieve this objective, requiring that retail and commercial uses at ground level must have a maximum 

Gross Floor Area of 1,000m 2 per unit or tenancy. 

The B4 zone encourages a range of residential, retail, commercial and other uses in this zone. As such, the DCP 

includes a control stating that higher intensity residential development, including medium-density housing and mixeduse 

development, can be provided within the Neighbourhood Centre Character Area. Medium-density housing should 

be in the form of terraces and/or townhouses, and should complement the 'urban' character of the Neighbourhood 

Centre. 

The Neighbourhood Centre Character Area will be differentiated through a variety of uses which promote activation, 

and which should be focused along, and front, the main street. 

6.2 Built Form and Streetscape This section of the DCP contains controls for the size, scale and form of buildings and streets within the 

Neighbourhood Centre. 

The objectives of these control are to: ensure that a diversity of active street frontages are provided which are 

compatible with the scale, character and architectural treatment of the buildings; and to provide active frontages that 

enable direct and easy access from the footpath to the retail uses and draw people into the active parts of the centre. 

The controls embedded within the DCP that will assist to achieve these objectives are outlined below:- 

 

 

 

 

 

 

 

Retail and commercial uses at ground level must have their entrance directly from the main street frontage. 

Buildings with a retail function at ground level, whether part of a mixed-use building or stand-alone shop, shall be 

built with zero or minimal front and side setbacks. Buildings should generally be built to the street edge. Zero 

metre setbacks are encouraged for buildings in the B4 Mixed Use zone. 

The frontage of retail or mixed use buildings is to have substantial glazing at ground level and no blank facades 

facing the streets. 

Where appropriate, an awning or posted verandah should be provided over the public footpath. If an awning or 

posted verandah is provided, it is to be cantilevered or suspended over the adjoining footpath within the road 

reserve. 

Awnings must be designed to permit street tree planting to be provided at regular intervals. 

Front fencing shall generally be provided for residential development in the B4 Mixed Use Zone. 

Shop top housing must provide a clear street address and direct pedestrian access from street frontages and 

associated car parking areas. The access must be separate from the entry areas for other building uses. 

6.3 Public Domain This section of the DCP contains requirements for landscaping and other embellishments in the public domain. 

The purpose of the control is to encourage development in the public domain that adds not only to the streetscape, 

but also to the safety and amenity of pedestrians and visitors. The DCP requires provision of high quality landscaping 

design that includes plants, street furniture and lighting to enhance the character of the Neighbourhood Centre. 

The controls provided within the DCP to achieve this aim include:- 


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Requirements for the provision of street tree and planting that is of an appropriate height and permeability to 

maintain views and establishes shade for pedestrians. 

Details of street furniture, lighting and plantings, including species selection, size of beds and irrigation provision, 

is to be provided within a Landscape Plan submitted to Council for approval as part of Development Applications. 

It is stated that an open space area should adjoin the Neighbourhood Centre Character Area in a prominent 

location and should be designed to accommodate numerous activities such as outdoor eating, pedestrian 

movement or seating areas. 

6.4 Parking and Access This section of the DCP contains requirements for car parking and vehicle access within the Neighbourhood Centre. 

The objective of these controls is to provide safe, convenient car parking with a height level of amenity within close 

walking distance of shops in the Neighbourhood Centre. It is also a key objective to ensure that on-street and offstreet 

parking is provided with direct access to active retail frontage, to encourage activity in the Neighbourhood 

Centre. 

The controls will help to make the Neighbourhood Centre an active and vibrant area by requiring that at grade parking 

areas are generally provided behind building lines and screened from the main Collector Road. 

It is noted that the car parking provision rates are provided in the Council's Car Parking DCP. However, this DCP 

enables and supports shared car parking provision for complementary uses within the neighbourhood centre. The 

provision of a small, shared car paring area located close to active uses, such as the park or child care centre, will not 

only provide families and residents will convenient access, but will encourage surveillance. 

Notwithstanding the above, on-street car parking will be provided on the Neighbourhood Centre Road. 60° rear to 

kerb parking along both sides of the Neighbourhood Centre Road will contribute to street life and surveillance. The onstreet 

parking controls for the Neighbourhood Centre are designed to activate the street. 

The DCP also encourages the use of laneways to provide access to parking areas and waste collection areas to the 

rear of buildings in the Neighbourhood Centres. Laneways will ensure that unsightly parking or waste areas are 

directed away from the main street and concealed from active pedestrian areas. Laneways will be required to 

accommodate heavy vehicles where access to the rear of shops (for deliveries) and waste collection is required. Die to 

the small scale of shops in the Neighbourhood Centre, loading bays are not required on-site and can be provided for 

loading/unloading can be provided at the rear of an allotment where a laneway is proposed. The DCP also encourages 

the planting of street trees along the footpath adjacent any on-street rear to kerb car parking, at a rate of 1 tree 

every 8 parking spaces. 

Where the need for a bus stop at the site is identified by Council, details of the location and design of the bus stop are 

to be provided with the development plans submitted to Council for approval. 

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7 Environmental Management 

7.1 Stormwater Management 

Figure 10 – Indicative Drainage Plan 

Outlines the stormwater management system proposed for the site, as well as appropriate controls to ensure soil 

erosion and sediment is controlled during the construction and development stages. 

A Riparian Assessment was carried out by Eco Logical Australia (July 2012) to inform this section of the DCP 

(Attachment A). 

Two main watercourses that drain the majority of the land were identified on the site, and are mapped in the 

Indicative Drainage Plan embedded within the Draft Caerleon DCP (Figure 10). The Riparian Assessment identified 

these two watercourses as 3rd and 4th order streams and concluded that they provide an important role in draining 

the site and surrounding lands. Other lower order streams were identified as having minimal environmental value. Eco 

Logical Australia recommended:- 

that the 3 rd and 4 th order streams be retained for drainage functions; 

that a 30m buffer be applied to 3 rd order streams and a 40m buffer to 4 th order streams, in order to protect the 

drainage and riparian corridors, provide flexibility for the channel to migrate within corridors, and minimise the 

need to construct hard engineering structures within the channel; 

that stormwater detention basins are provided in the site and designed to attenuate high frequency flows (up to 1 

in 5 year flows) to reduce the potential for erosion to increase in the future; 

that WSUD principles be incorporated across the site; 

that grazing be excluded from riparian corridors to encourage their natural regeneration; 

that riparian corridors be maintained as open channels where they are located in larger residential (private) lots, 

and vegetation within these corridors be maintained. 

The Draft Caerleon DCP provides controls to reflect and enforce these recommendations. The indicative location for 

detention basins / water quality basins is mapped in the Indicative Drainage Plan in the DCP. 

Furthermore, the Draft Caerleon DCP also provides controls for construction and development to addresses salinity 

and stormwater issues. These controls require that:- 

 

 

 

 

 

the principles of Water Sensitive Urban Design (WSUD) be incorporated across the site; 

details of erosion and sediment control measures be provided with Development Applications where there is 

potential for soil erosion to occur (erosion and sediment control measures may include sediment trapping at all 

points where stormwater runoff can enter inlets to stormwater systems, or where runoff may leave the site); 

driveways on steep slopes be designed to minimise erosion; 

the relevant stormwater management objectives for new development set out in the most up to date revision of 

Managing Urban Stormwater: Soils and Construction be complied with; 

appropriate stormwater and drainage measures be incorporated into Development Applications to demonstrate 

that any potential impacts on groundwater and salinity can be managed to mitigate significant environmental 

impact. 


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7.2 Biodiversity 

Figure 11 – Indicative Conservation Plan 

Outlines the requirements for the retention and protection of threatened species and important habitat areas 

throughout Caerleon. 

A Flora and Fauna Assessment was carried out by Eco Logical Australia (July 2012) to inform this section of the DCP 

(Attachment A). The results of the Assessment indicate that eleven vegetation communities are present within the 

subject land. The vegetation is dominated by derived grassland which covers 89% of the site, of which half is exotic 

and half is native. Remnant canopy trees are also scattered throughout the site. The most common tree species is 

White Box which occurs in the woodland remnants in the southern two thirds of the site, while Yellow Box is the most 

common tree in the northern third of the site. The most common trees located along the drainage lines/riparian 

corridors are Angophora floribunda (Rough-barked Apple) and the introduced Schinus areira (Pepper Tree). 

The derived grassland community is the only ecological community of conservation significance that occurs on the 

site. Some areas which contain tree species as well as this native grassland community were found to be of moderate 

or high significance. However, the Assessment concluded that:- 

 

 

approximately half of this grassland is exotic, and therefore does not meet the criteria for listing under the EPBC 

Act or TSC Act, and 

the vast majority of the native grassland is relatively species-poor, thus was found to be of low significance. 

Potential Koala habitat was also investigated during the field survey. While no visible signs of Koala’s were identified, 

White Box is a tree species listed under SEPP 44 as a Koala feed tree. White Box occurs in some of the areas of the 

site that were found to be of moderate or high significance. 

Areas of moderate or high significance are mapped in the Indicative Conservation Plan and embedded into the Draft 

Caerleon DCP (Figure 11). The proposed DCP contains controls to ensure vegetation and trees in these areas are 

retained and protected. The proposed DCP also contains a control requiring any development that affects areas of 

high ecological significance to have regard to a Vegetation Management Plan (VMP). This VMP will be required to be 

prepared with any application affecting areas of moderate or high significance within the site, in order to encourage 

natural regeneration whilst controlling exotic species and enhancing the natural characteristics of the high value 

ecological communities. 

In order to protect the Avisford Nature Reserve to the south of the site, a DCP control restricting development within a 

40m buffer area to the Reserve is included in the DCP. 

No threatened plant species, as listed under either the NSW TSC Act or the Commonwealth EPBC Act were recorded 

during the survey. No threatened fauna species were recorded within the site. 

7.3 Bushfire Outlines the requirements for bushfire management. 

A Bushfire Assessment was carried out by Eco Logical Australia (July 2012) to inform this section of the DCP 

(Attachment A). 

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The Assessment concluded that the site has a low relative hazard rating. However, the remnant bushland located to 

the west of the site is considered to be a moderate bushfire hazard area, reflecting the density of vegetation and 

steeper slopes, both of which contribute to fire hazard. 

7.4 Odour 

Figure 12 – Odour Buffer Area 

In order to address this issue, the Draft Caerleon DCP includes a control to ensure future development is assessed 

against the appropriate bushfire management standards, including Planning for Bushfire Protection (2006). The DCP 

control states that all residential and subdivision applications shall be assessed under section 100B of the Rural Fires 

Act 1997 and will require a Bush Fire Safety Authority (BFSA) to be obtained from the NSW Rural Fire Service. 

Furthermore, as recommended in the Assessment, further detailed bushfire assessment shall be undertaken for future 

development and must address the bushfire protection measures of Planning for Bushfire Protection 2006. 

Outlines the requirements to manage odour impacts from the Waste Water Treatment Plant (WWTP) and landfill site 

located to the west of the site. 

It is noted that as part of the Planning Proposal to amend the LEP, a new clause is being introduced that restricts 

development to beyond the 1 odour unit. The new LEP clause will require future development located within the 

current 1 odour unit only occur if it can be demonstrated, once the new WWTP is operational, that there is no adverse 

odour impact (Refer to 1 odour contour mapped in Figure 12). 

The Draft Caerleon DCP sets out the requirement for future assessment of odour impacts to be undertaken once the 

WWTP is operational, and confirms the developer will be responsible to commission further independent analysis. 

It is noted that current general practice is to provide odour buffers at the 2 odour unit contour. This is the standard 

approach taken in many residential subdivision areas affected by sources of odour. The Odour Assessment Report 

(Attachment G) suggests that the 2 odour contour is satisfactory. Notwithstanding, a more conservative approach 

using the 1 odour contour has been used in the DCP as the new WWTP is not yet operational. Once commissioned, a 

revised analysis will ascertain the real odour impact and determine the most appropriate buffer. 

7.5 Contamination A Contamination Assessment was carried out by Envirowest Consulting to inform this section of the DCP, and is 

included as Attachment D. The findings of this Assessment indicate that further assessment must be undertaken for 

the machinery shed site and sheep dip site, as these areas may be affected by contamination. 

The DCP controls thereby explain the necessary contamination studies required to be carried out prior to any 

development of the machinery shed or sheep dip sites. 


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Caerleon - Mid Western Regional Council

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