(1) The objectives of a zone are set out in the Table to this clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.
(1) A person shall not subdivide land, including for the purpose of opening a road, within Zone No 1 (a) except with the consent of the Council. (2) The Council shall not consent to the subdivision of land within Zone No 1 (a) unless it has obtained all relevant information in relation to, and has made an assessment of:
(a) the primary purpose for which each allotment is intended to be used, and (b) if that purpose is agriculture, the form of agriculture for which the allotment is intended to be used. (3) Where the Council is of the opinion that a proposed allotment the subject of an application for consent required by subclause (1) is intended to be used for:
(a) the erection of a dwelling-house, the Council shall not grant consent unless it is an application allowed by subclause (4) or (6), or (b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house on each proposed allotment created by the subdivision.
(1) This clause applies to land within Zone No 1 (a). (2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause. (3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land:
(a) has an area of not less than 40 hectares, or (b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 10 (4) or (8)), being an existing holding that has an area of not less than 20 hectares and where the Council is satisfied that:
(i) there will be adequate vehicular access to the dwelling-house or dwellings, and (ii) the erection of a dwelling-house or dwellings will not create or increase ribbon development along an arterial road, or (c) is an allotment referred to in clause 10 (4), or (d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of as in force immediately before its repeal by this plan, or Kiama Local Environmental Plan No 5 (e) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) ofas in force immediately before its repeal by this plan, or Kiama Local Environmental Plan No 5 (f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the . Kiama Planning Scheme Ordinance
(1) A person shall not erect a dwelling-house on land within Zone No 2 (a) or 2 (b) unless the allotment:
(a) where the allotment is hatchet-shaped, has an area, excluding the access corridor, of not less than 550 square metres, and (b) where the allotment is not hatchet-shaped, has an area of not less than 450 square metres.
(1) This clause applies to land within Zone Nos 2 (a) or 2 (b) that is shown edged heavy black on the map marked “ ” and which is known as the West Kiama urban release area. Kiama Local Environmental Plan 1996 (Amendment No 23)
(1) This clause applies to land shown edged heavy black on the map marked “ ” and known as the “Cedar Grove” urban release area. Kiama Local Environmental Plan 1996 (Amendment No 22)
(1) This clause applies to land within Zone No 3 (b) and situated at the corner of Minnamurra and Shoalhaven Streets, Kiama, being Lots 1 and 2, DP 869103, and known as the former Kiama Infants School site, as shown edged heavy black on the map marked “ ”. Kiama Local Environmental Plan 1996 (Amendment No 54) (2) Despite the general objectives for Zone No 3 (b) as set out in the Land Use Table to clause 9, the objectives for the land to which this clause applies are as follows:
(a) to allow, with the consent of the Council, the erection of a tourist facility on the land, comprising two buildings, that provide tourist accommodation and related facilities, having:
(i) maximum heights of 4.5 and 2.5 storeys, respectively, above ground level, and (ii) a maximum floorspace ratio of 1:1, exclusive of the former school, (b) to encourage the conservation of the former school situated on the land and its conversion to an art gallery, including exhibition, conference and function rooms and associated amenities, (c) to encourage public access, including disabled persons’ access, to the land and the former school, (d) to ensure any proposed development of the land is of an appropriate design having regard to the need to retain the former school, (e) to protect trees that the Council considers to be significant on, and adjacent to, the land, (f) to prohibit the erection of a residential flat building on the land, even if the residential flat building is proposed to be attached to a commercial or retail building, (g) to prohibit any proposed tourist accommodation building referred to in paragraph (a) being used as a residential flat building, even if the tourist accommodation building is attached to a commercial or retail building.
(1) This clause applies to land within Zone No 4 (c), being Lot 17 DP 708075 and Lot 5 DP 748680, Kiama. (2) The objectives of this clause are as follows:
(a) to prohibit development for certain purposes on the land to which this clause applies that would otherwise be permissible on land within Zone No 4 (c) so as to avoid adverse environmental impact on the Willow Gully Creek catchment or the Spring Creek catchment, (b) to allow development on the land to which this clause applies for a purpose permitted within Zone No 4 (c) that is not prohibited under this clause, or for the purpose of a printery, only if it is not likely to pose a hazard or threat to the Willow Gully Creek catchment or the Spring Creek catchment, (c) to protect the amenity of residential areas located near the land to which this clause applies, (d) to protect the visual landscape and natural ecological value of the Willow Gully Creek catchment and the natural ecological value of the Spring Creek catchment. (3) Despite the land uses for Zone No 4 (c) as set out in the Land Use Table to clause 9, the Council may consent to development for the purpose of a printery on land to which this clause applies.
(1) A person shall not subdivide land, including subdivision for the purpose of opening a road, within Zone No 7 (d) except with the consent of the Council. (2) The Council shall not consent to the subdivision of land within Zone No 7 (d) unless it has obtained all relevant information in relation to, and has made an assessment of:
(a) the primary purpose for which each allotment is intended to be used, and (b) if that purpose is agriculture, the form of agriculture for which the allotment is intended to be used. (3) Where the Council is of the opinion that a proposed allotment the subject of an application for consent required by subclause (1) is intended to be used for:
(a) the erection of a dwelling-house, the Council shall not grant consent unless it is an application made in accordance with subclause (4) or (6), or (b) any other purpose, the Council shall not grant consent unless it prohibits the erection of a dwelling-house on each proposed allotment to be created by the subdivision.
(1) This clause applies to land within Zone No 7 (d). (2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause. (3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land:
(a) has an area of not less than 40 hectares, or (b) comprises the whole of an existing holding (or an existing holding affected only by a subdivision carried out in accordance with clause 30 (4) or (8)), being an existing holding that has an area of not less than 20 hectares and the Council is satisfied that:
(i) there will be adequate vehicular access to the dwelling-house or dwellings, and (ii) the erection of the dwelling-house or dwellings will not create or increase ribbon development along an arterial road, or (c) is an allotment referred to in subclause 30 (4), or (d) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of as in force immediately before its repeal by this plan, or Kiama Local Environmental Plan No 5 (e) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) ofas in force immediately before its repeal by this plan, or Kiama Local Environmental Plan No 5 (f) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the . Kiama Planning Scheme Ordinance
(1) This clause applies to land within Zone No 7 (e) or 7 (f). (2) A person shall not erect a dwelling-house or carry out dual occupancy development on land to which this clause applies except in accordance with this clause. (3) Where land to which this clause applies does not have a dwelling-house erected on it, a person may, with the consent of the Council, erect a dwelling-house or carry out dual occupancy development if the land:
(a) has an area of not less than 40 hectares, or (b) comprises the whole of an existing holding, being an existing holding that has an area of not less than 20 hectares, and the Council is satisfied that:
(i) there will be adequate vehicular access to the dwelling-house or dwellings, and (ii) the erection of the dwelling-house or dwellings will not create or increase ribbon development along an arterial road, and (iii) adequate public utility services are or will be available to the land, or (c) is an allotment created with the consent of the Council, being an allotment referred to in clause 18 (3) (e) of as in force immediately before its repeal by this plan, or Kiama Local Environmental Plan No 5 (d) is a concessional allotment within the meaning of paragraph (a) of the definition of concessional allotment in clause 16 (2) ofas in force immediately before its repeal by this plan, or Kiama Local Environmental Plan No 5 (e) is an allotment having an area of less than 40 hectares and was created under the provisions of clause 32 (1) of the . Kiama Planning Scheme Ordinance
(1) The objectives of identifying land as an area of high conservation value are:
(a) to conserve environmentally important land having ecological, scientific, faunal, floristic or aesthetic values, and (b) to preserve intact rainforests and promote regenerating rainforest areas which are of significance, and (c) to preserve areas of significant vegetation stands and to promote the regeneration of forests and eradication of vegetation which competes with native flora, and (d) to protect wildlife and associated habitats and to protect and promote wildlife corridors, and (e) to exclude activities which would prejudice the ongoing conservation or rehabilitation of land referred to in paragraph (a), and (f) to encourage and allow activities which will meet the conservation objectives, and (g) to protect water sources that are to be used for drinking water purposes.
(1) Except as provided by subclause (2) a person shall not erect a dwelling-house, an attached dwelling resulting from dual occupancy development or a building ancillary to such dwellings on land within an area of high conservation value.
(1) Despite any other provision of this plan, master plan development may be carried out with development consent on a master plan site, but only if:
(a) the development complies with the development requirements specified for the site in Schedule 5, and (b) the consent authority has taken into consideration the master plan for the site as adopted by the Council for the time being in accordance with this Part. (2) Provisions or instruments identified in Schedule 5 as comprising the initial master plan for a master plan site are taken to have been adopted by the Council with the approval of the Minister in accordance with this Part as a master plan at the commencement of this Part, but nothing prevents the amendment or replacement of any such master plan in accordance with this Part.
(1) A master plan for a master plan site, as adopted by the Council for the time being, may be amended, or revoked and replaced, by a subsequent master plan adopted by the Council in accordance with this clause. (2) A master plan may be amended or revoked and replaced only if the master plan as proposed to be amended or the replacement master plan will illustrate and demonstrate proposals for the following:
(a) the use or uses to be carried out on the development site, including the use of buildings, (b) design principles drawn from an analysis of the development site and its context, (c) desired future locality character, (d) the location of any development, considering the natural features of the site, including coastal processes and coastal hazards, (e) the scale of any development and its integration with the existing landscape, (f) impact on, and improvements to, the public domain, (g) phasing of development, (h) public access to and along the coastal foreshore, (i) pedestrian, cycle and road access and circulation networks, (j) subdivision pattern, (k) infrastructure provision, (l) building envelopes and built form controls, (m) heritage conservation, including both Aboriginal and European heritage, (n) remediation of the site, (o) provision of public facilities and services, (p) car parking provision, (q) provision of open space, its function and landscaping, (r) conservation of natural waters, including their riparian corridors, water quality and use, (s) identification and conservation of native flora and fauna and their habitat on the site, including any threatened species, populations or ecological communities, (t) conservation of fish and aquatic animals and their habitats.
(1) Development of minimal environmental impact listed as exempt development in as adopted by the Council on 16 November 1999 is Kiama Development Control Plan No 20—Exempt and Complying Development exempt development , despite any other provision of this plan.
(1) Except as provided by this clause, a person shall not erect a building containing more than 2 storeys.
(1) This clause applies to land within Zone No 1 (a), 2 (a), 2 (b), 3 (a), 3 (b), 3 (c), 3 (d), 4 (c), 5 (a), 6 (a), 6 (b), 6 (c), 7 (d), 7 (e) or 7 (f). (2) Except as otherwise provided by this clause, a person must not fill land to which this clause applies except with the consent of the Council.
(1) The objectives of this clause are as follows:
(a) to protect streams, rivers, estuaries and wetlands and allow them to retain their natural hydrological and geomorphological regime and to continue to function as diverse natural ecosystems, (b) to maintain stream and riverbank stability and protect land from erosion, (c) to conserve and protect aquatic and remnant natural terrestrial habitats and vegetation communities within riparian corridors, (d) to restore degraded habitats and maintain vegetation communities within riparian corridors, (e) to restore and maintain the functioning of riparian corridors as refuge areas, (f) to conserve and protect Aboriginal heritage.
(1) Nothing in this plan prevents the Council from granting consent to the carrying out of development associated with the construction of the Gerringong—Gerroa sewerage scheme (including the sewage treatment plant, access road, bridge, pipelines, pumping stations and other utility installations, works and the like) subject to the consideration of matters in the following subclauses.
(1) This clause applies to:
(a) development (including subdivision) for the purpose of dwelling-houses, residential flat buildings, units for aged persons, villa homes or courtyard houses, where allowed within Zone No 2 (a) or 2 (b), and (b) dual occupancy development and integrated housing development within Zone No 2 (a) or 2 (b).
(1) The objective of this clause is to require special assessment of certain development on land identified as being subject to acid sulfate risk. (2) A person must not, without the consent of Council, carry out works described in the following table on land of the class (as shown on the acid sulfate soils map) specified opposite those works, except as provided by subclause (4).
|
Class of land as shown on Acid Sulfate Soils Map Works |
1 Any works. |
2 Works below the natural ground surface. Works by which the watertable is likely to be lowered. |
3 Works beyond 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered beyond 1 metre below natural ground. |
4 Works beyond 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered beyond 2 metres below natural ground. |
5 Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in Class 1, 2, 3 or 4 land.
(Clause 42)
(Clauses 47AA and 47AB) 1 Commonwealth Bank Corner master plan site Land fronting Manning Street and Terralong Street, Kiama, as shown edged heavy black and with diagonal hatching on Sheet 5 of the map marked “ ”. Kiama Local Environmental Plan 1996 (Amendment No 60) Master plan development for this site Development for the purpose of mixed tourist, commercial, retail and residential uses that meets the (in so far as they relate to this master plan site) and the Kiama Town Centre Charrette Objectives , copies of which are available at the office of the Council. Design Brief for Commonwealth Bank Corner Initial master plan The section titled and other provisions that relate to this master plan site in the report titled Indicative Design for the Commonwealth Bank Corner (the Kiama Town Centre Charrette 25–29th July 2002—A report on the Charrette Outcomes Kiama Charrette Report ), copies of which are available at the office of the Council, comprise the initial master plan for this site.Development requirements The following requirements apply to master plan development on this site:
(a) lots must be consolidated to create a single lot with not less than the minimum area required for this site by the Kiama Charrette Report, (b) the single lot must be occupied by a significant building in which the mixed tourist, commercial, retail and residential uses will be carried out, (c) the building may have a maximum building height of 4 storeys above ground level, subject to there being terraces not less than 3 metres wide along more than half of the top floor punctuated by corner and centrally disposed habitable towers aligning with the street-front property lines of the building as described in the Kiama Charrette Report, (d) the building must include a hotel with a reception area and related restaurants, cafes and shops at street level, (e) the building must be designed so that people visiting the building will have access to indoor and outdoor areas on the top floor and so that use of the top floor will encourage such access (for example, a restaurant or function room would be a suitable use for the top floor), (f) the architectural design of the building must have regard to the heritage value of the streetscapes of the streets to which it has frontage. The building must have a traditional and reasonably symmetrical exterior that, in the opinion of the consent authority, makes a landmark contribution to Kiama’s character. There must be double verandahs over the footpaths of both Terralong and Manning Streets that are at least 2 metres deep. All window and door openings and spacings between verandah posts must have greater height than width and be vertically aligned between floors as described in the Kiama Charrette Report, (g) a basement storey for car parking is to be located below ground level with some unenclosed on-site parking at grade behind the location of the L-shaped building shown in the Kiama Charrette Report “indicative design”. For the purpose of allowing development to be carried out in accordance with the above development requirements, applies to a maximum floorspace ratio set by clause 21 to the extent that compliance with that development standard would be unreasonable or unnecessary to achieve the setbacks shown for buildings on this site in the Kiama Charrette Report “indicative design”. State Environmental Planning Policy No 1—Development Standards