Land
Use Table
Note—
A type of development referred to in the Land Use
Table is a reference to that type of development only to the extent it is not
regulated by an applicable State environmental planning policy. The following
State environmental planning policies in particular may be relevant to
development on land to which this Plan applies—
State Environmental
Planning Policy (Affordable Rental Housing) 2009
(including provision for secondary dwellings)
State Environmental
Planning Policy (Housing for Seniors or People with a Disability)
2004
State Environmental
Planning Policy (Infrastructure) 2007—relating to
infrastructure facilities such as those that comprise, or are for, air
transport, correction, education, electricity generating works and solar
energy systems, health services, ports, railways, roads, waste management and
water supply systems
State Environmental
Planning Policy (Mining, Petroleum Production and Extractive Industries)
2007
State Environmental
Planning Policy No 33—Hazardous and Offensive
Development
State Environmental
Planning Policy No 50—Canal Estate
Development
State Environmental
Planning Policy No 64—Advertising and
Signage
State Environmental
Planning Policy (Primary Production and Rural Development)
2019
Land Use tbl: Am 2017
(493), Sch 1.1 [1] [2]; 2017 (631), Sch 1 [2]; 2018 (390), Sch 1 [2]; 2018
(488), Sch 1.1 [1]; 2019 (560), Sch 1[2]; 2019 (621), Sch 3.
Zone RU2Rural Landscape
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To maintain the rural landscape character of the
land.
•
To provide for a range of compatible land uses,
including extensive agriculture.
•
To preserve and enhance bushland, wildlife
corridors, natural habitat and water resources, including waterways, ground
water and riparian land.
•
To protect and enhance areas of scenic value, and
the visual amenity of prominent ridgelines, by minimising development and
providing visual contrast to nearby urban
development.
2Permitted without consent
Extensive agriculture; Home
occupations
3Permitted with consent
Agricultural produce industries; Animal boarding
or training establishments; Aquaculture; Bed and breakfast accommodation; Boat
launching ramps; Building identification signs; Business identification signs;
Camping grounds; Car parks; Cellar door premises; Centre-based child care
facilities; Community facilities; Dual occupancies (attached); Dwelling
houses; Environmental facilities; Environmental protection works; Farm
buildings; Farm stay accommodation; Flood mitigation works; Helipads;
Home-based child care; Home businesses; Home industries; Information and
education facilities; Intensive plant agriculture; Recreation areas;
Recreation facilities (outdoor); Respite day care centres; Roads; Roadside
stalls; Rural workers’ dwellings; Veterinary
hospitals
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To minimise adverse environmental impacts on
adjoining land uses and the natural environment.
•
To maintain environmental and visual
amenity.
2Permitted without consent
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Building
identification signs; Business identification signs; Business premises; Car
parks; Centre-based child care facilities; Community facilities; Dwelling
houses; Environmental facilities; Environmental protection works; Flood
mitigation works; Food and drink premises; Garden centres; Hardware and
building supplies; Home-based child care; Home businesses; Home industries;
Information and education facilities; Markets; Neighbourhood shops; Office
premises; Oyster aquaculture; Places of public worship; Plant nurseries;
Public administration buildings; Recreation areas; Recreation facilities
(indoor); Recreation facilities (outdoor); Respite day care centres; Roads;
Roadside stalls; Rural supplies; Schools; Service stations; Shop top housing;
Tank-based aquaculture; Veterinary hospitals
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone RU6Transition
1Objectives of zone
•
To protect and maintain land that provides a
transition between rural and other land uses of varying intensities or
environmental sensitivities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To enable the orderly and productive use of land
within this zone.
•
To ensure that development does not have a
detrimental visual impact when viewed from surrounding land and
roads.
2Permitted without consent
Home occupations
3Permitted with consent
Building identification signs; Business
identification signs; Dual occupancies (attached); Dwelling houses;
Educational establishments; Emergency services facilities; Flood mitigation
works; Garden centres; Home businesses; Landscaping material supplies; Oyster
aquaculture; Plant nurseries; Recreation facilities (outdoor); Roads; Service
stations; Tank-based aquaculture
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone R2Low Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To enable development for purposes other than
residential only if that development is compatible with the character of the
living area and is of a domestic scale.
•
To minimise overshadowing and ensure a desired
level of solar access to all properties.
•
To facilitate diverse and sustainable means of
access and movement.
2Permitted without consent
Home occupations
3Permitted with consent
Attached dwellings; Boarding houses; Building
identification signs; Business identification signs; Centre-based child care
facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency
services facilities; Environmental facilities; Environmental protection works;
Exhibition homes; Exhibition villages; Flood mitigation works; Group homes;
Home-based child care; Home businesses; Home industries; Oyster aquaculture;
Places of public worship; Pond-based aquaculture; Recreation areas; Recreation
facilities (outdoor); Respite day care centres; Roads; Schools; Semi-detached
dwellings; Tank-based aquaculture
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To provide for a wide range of housing choices in
close proximity to commercial centres, transport hubs and
routes.
•
To enable development for purposes other than
residential only if that development is compatible with the character and
scale of the living area.
•
To minimise overshadowing and ensure a desired
level of solar access to all properties.
2Permitted without consent
Nil
3Permitted with consent
Attached dwellings; Boarding houses; Building
identification signs; Business identification signs; Car parks; Centre-based
child care facilities; Community facilities; Dual occupancies; Dwelling
houses; Emergency services facilities; Environmental facilities; Environmental
protection works; Exhibition homes; Exhibition villages; Flood mitigation
works; Group homes; Home-based child care; Home businesses; Home occupations;
Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of
public worship; Recreation areas; Recreation facilities (outdoor); Respite day
care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top
housing; Tank-based aquaculture
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone R4High Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a high density residential environment.
•
To provide a variety of housing types within a
high density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To encourage high density residential development
in close proximity to centres and public transport hubs.
•
To maximise redevelopment and infill
opportunities for high density housing within walking distance of
centres.
•
To enable development for purposes other than
residential only if that development is compatible with the character and
scale of the living area.
•
To minimise overshadowing and ensure a desired
level of solar access to all properties.
2Permitted without consent
Nil
3Permitted with consent
Boarding houses; Building identification signs;
Business identification signs; Car parks; Centre-based child care facilities;
Community facilities; Emergency services facilities; Environmental facilities;
Environmental protection works; Exhibition homes; Exhibition villages; Flood
mitigation works; Home businesses; Home occupations; Neighbourhood shops;
Oyster aquaculture; Places of public worship; Recreation areas; Recreation
facilities (outdoor); Residential flat buildings; Respite day care centres;
Roads; Serviced apartments; Shop top housing
4Prohibited
Pond-based aquaculture; Tank-based aquaculture;
Any other development not specified in item 2 or 3
Zone R5Large Lot Residential
1Objectives of zone
•
To provide residential housing in a rural setting
while preserving, and minimising impacts on, environmentally sensitive
locations and scenic quality.
•
To ensure that large residential lots do not
hinder the proper and orderly development of urban areas in the
future.
•
To ensure that development in the area does not
unreasonably increase the demand for public services or public
facilities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To enable development for certain purposes other
than residential only if that development is compatible with the character and
scale of the living area.
•
To minimise overshadowing and ensure a desired
level of solar access to all properties.
2Permitted without consent
Home occupations
3Permitted with consent
Building identification signs; Business
identification signs; Centre-based child care facilities; Community
facilities; Dual occupancies (attached); Dwelling houses; Emergency services
facilities; Environmental facilities; Environmental protection works;
Exhibition homes; Exhibition villages; Flood mitigation works; Home-based
child care; Home businesses; Home industries; Oyster aquaculture; Pond-based
aquaculture; Recreation areas; Recreation facilities (outdoor); Respite day
care centres; Roads; Tank-based aquaculture
4Prohibited
Any development not specified in item 2 or
3
Zone B1Neighbourhood Centre
1Objectives of zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To support public transport patronage and
encourage walking and cycling.
•
To achieve an accessible, attractive and safe
public domain.
•
To allow small-scale residential development in
conjunction with retail, business and commercial uses in a manner that
increases the vitality of the surrounding
neighbourhood.
2Permitted without consent
Nil
3Permitted with consent
Boarding houses; Business premises; Car parks;
Centre-based child care facilities; Community facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Hardware
and building supplies; Home businesses; Home occupations; Information and
education facilities; Medical centres; Neighbourhood shops; Neighbourhood
supermarkets; Oyster aquaculture; Plant nurseries; Recreation areas;
Recreation facilities (indoor); Recreation facilities (outdoor); Respite day
care centres; Restaurants or cafes; Roads; Service stations; Shop top housing;
Signage; Take away food and drink premises; Tank-based aquaculture; Veterinary
hospitals
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B2Local Centre
1Objectives of zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To achieve an accessible, attractive and safe
public domain.
•
To provide for appropriate residential
development in the form of shop top housing to support the vitality of the
local area.
2Permitted without consent
Nil
3Permitted with consent
Amusement centres; Boarding houses; Car parks;
Centre-based child care facilities; Commercial premises; Community facilities;
Educational establishments; Entertainment facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Function
centres; Home businesses; Home occupations; Information and education
facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Places of public worship; Public administration buildings;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Registered clubs; Respite day care centres; Restricted premises;
Roads; Service stations; Shop top housing; Signage; Tank-based aquaculture;
Tourist and visitor accommodation; Veterinary hospitals
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B3Commercial Core
1Objectives of zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses that serve the
needs of the local and wider community.
•
To encourage appropriate employment opportunities
in accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To accommodate the redevelopment, enhancement and
vitality of centres by facilitating mixed use
development.
2Permitted without consent
Nil
3Permitted with consent
Amusement centres; Car parks; Centre-based child
care facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Environmental facilities;
Environmental protection works; Flood mitigation works; Function centres;
Helipads; Home businesses; Home occupations; Hotel or motel accommodation;
Information and education facilities; Medical centres; Mortuaries; Oyster
aquaculture; Passenger transport facilities; Places of public worship;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Registered clubs; Respite day care centres; Restricted premises;
Roads; Service stations; Shop top housing; Signage; Tank-based aquaculture;
Veterinary hospitals
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B4Mixed Use
1Objectives of zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
•
To encourage the timely renewal and
revitalisation of centres that are undergoing growth or
change.
•
To create vibrant, active and safe communities
and economically sustainable employment centres.
•
To provide a focal point for commercial
investment, employment opportunities and centre-based
living.
•
To encourage the development of mixed-use
buildings that accommodate a range of uses, including residential uses, and
that have high residential amenity and active street
frontages.
•
To facilitate diverse and vibrant centres and
neighbourhoods.
•
To achieve an accessible, attractive and safe
public domain.
2Permitted without consent
Nil
3Permitted with consent
Amusement centres; Boarding houses; Car parks;
Centre-based child care facilities; Commercial premises; Community facilities;
Educational establishments; Entertainment facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Function
centres; Helipads; Home businesses; Home occupations; Hotel or motel
accommodation; Information and education facilities; Medical centres;
Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of
public worship; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Registered clubs; Residential flat buildings; Respite
day care centres; Restricted premises; Roads; Seniors housing; Service
stations; Serviced apartments; Shop top housing; Signage; Tank-based
aquaculture; Veterinary hospitals
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B5Business Development
1Objectives of zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
•
To build and maintain the economic strength of
existing centres by limiting retailing activity and discouraging office
development.
•
To encourage the development and continuation of
light industries and to enable their successful integration and coexistence
with other uses permissible in the zone.
•
To provide for a range of facilities and services
to meet the day-to-day needs of workers in the area.
•
To facilitate diverse and sustainable means of
access and movement.
2Permitted without consent
Nil
3Permitted with consent
Amusement centres; Backpackers’
accommodation; Car parks; Centre-based child care facilities; Community
facilities; Depots; Environmental protection works; Flood mitigation works;
Funeral homes; Garden centres; Hardware and building supplies; Highway service
centres; Hotel or motel accommodation; Industrial retail outlets; Industrial
training facilities; Landscaping material supplies; Light industries;
Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of
public worship; Plant nurseries; Recreation facilities (indoor); Registered
clubs; Respite day care centres; Restaurants or cafes; Restricted premises;
Roads; Rural supplies; Self-storage units; Service stations; Serviced
apartments; Sex services premises; Signage; Small bars; Specialised retail
premises; Take away food and drink premises; Tank-based aquaculture; Vehicle
sales or hire premises; Veterinary hospitals; Warehouse or distribution
centres; Wholesale supplies
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B7Business Park
1Objectives of zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To permit limited accommodation that supports
employment opportunities.
•
To encourage industries or business involved in
scientific research or development.
•
To minimise adverse impacts on the economic
performance of existing and future business
centres.
2Permitted without consent
Nil
3Permitted with consent
Advertising structures; Building identification
signs; Business identification signs; Business premises; Car parks;
Centre-based child care facilities; Educational establishments; Environmental
facilities; Environmental protection works; Function centres; Garden centres;
Hardware and building supplies; Health services facilities; Hotel or motel
accommodation; Light industries; Neighbourhood shops; Office premises; Oyster
aquaculture; Passenger transport facilities; Pubs; Recreation areas; Respite
day care centres; Recreation facilities (indoor); Restaurants or cafes; Roads;
Serviced apartments; Small bars; Tank-based aquaculture; Warehouse or
distribution centres
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone IN1General Industrial
1Objectives of zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To provide for a range of facilities and services
to meet the day-to-day needs of workers in the area.
•
To enable non-industrial land uses that are
compatible with and do not detract from industrial and warehouse uses or
impact on the viability of existing centres.
•
To ensure that any commercial, retail or other
non-industrial development is not likely to adversely affect employment
generating activities or opportunities.
•
To facilitate diverse and sustainable means of
access and movement.
2Permitted without consent
Nil
3Permitted with consent
Animal boarding or training establishments; Boat
building and repair facilities; Car parks; Depots; Environmental facilities;
Environmental protection works; Flood mitigation works; Freight transport
facilities; Garden centres; General industries; Hardware and building
supplies; Helipads; Highway service centres; Industrial retail outlets;
Industrial training facilities; Kiosks; Landscaping material supplies; Light
industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger
transport facilities; Places of public worship; Roads; Rural industries; Rural
supplies; Service stations; Sex services premises; Signage; Storage premises;
Take away food and drink premises; Tank-based aquaculture; Transport depots;
Truck depots; Vehicle body repair workshops; Vehicle repair stations;
Veterinary hospitals; Warehouse or distribution centres
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone IN2Light Industrial
1Objectives of zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
•
To enable non-industrial land uses that are
compatible with and do not detract from industrial and warehouse uses or
impact on the viability of existing centres.
•
To ensure that any commercial, retail or other
non-industrial development is not likely to adversely affect employment
generating activities or opportunities.
•
To facilitate diverse and sustainable means of
access and movement.
2Permitted without consent
Nil
3Permitted with consent
Agricultural produce industries; Car parks;
Depots; Environmental facilities; Environmental protection works; Flood
mitigation works; Garden centres; Hardware and building supplies; Industrial
retail outlets; Industrial training facilities; Kiosks; Landscaping material
supplies; Light industries; Mortuaries; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Recreation facilities (indoor);
Research stations; Roads; Rural supplies; Self-storage units; Service
stations; Sex services premises; Signage; Specialised retail premises; Take
away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle
repair stations; Vehicle sales or hire premises; Veterinary hospitals;
Warehouse or distribution centres; Wholesale supplies
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone SP1Special Activities
1Objectives of zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
•
To facilitate development that is ancillary or
incidental to the special land uses provided for in this
zone.
•
To provide for the retention and creation of view
corridors.
•
To preserve bushland, wildlife corridors and
natural habitat.
•
To protect and enhance areas of scenic value,
including the visual amenity of prominent ridgelines, and to provide visual
contrast to nearby urban development.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Flood mitigation works; Roads; The
purpose shown on the Land Zoning Map, including any
development that is ordinarily incidental or ancillary to development for that
purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
•
To encourage activities involving research and
development.
•
To optimise value-adding development
opportunities, particularly those associated with
research.
•
To provide for the retention and creation of view
corridors.
•
To preserve bushland, wildlife corridors and
natural habitat.
•
To maintain the visual amenity of prominent
ridgelines.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Flood mitigation works; Roads; The
purpose shown on the Land Zoning Map, including any
development that is ordinarily incidental or ancillary to development for that
purpose
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
•
To provide for land uses compatible with the
ecological, scientific, cultural or aesthetic values of land in the
zone.
•
To facilitate the multiple use of certain open
space areas.
•
To facilitate development that is ancillary or
incidental to the special land uses provided for in this
zone.
•
To provide for the sufficient and equitable
distribution of public open space to meet the needs of the local
community.
•
To preserve and rehabilitate bushland, wildlife
corridors and natural habitat, including waterways and riparian lands, and
facilitate public enjoyment of these areas.
•
To provide for the retention and creation of view
corridors.
•
To protect and enhance areas of scenic value and
the visual amenity of prominent ridgelines.
•
To preserve land that is required for public open
space or recreational purposes.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat launching ramps; Camping
grounds; Car parks; Community facilities; Emergency services facilities;
Environmental facilities; Environmental protection works; Flood mitigation
works; Heliports; Information and education facilities; Jetties; Kiosks;
Markets; Recreation areas; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Registered clubs;
Restaurants or cafes; Roads; Signage; Small bars; Water recreation structures;
Water supply systems
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
•
To protect and enhance areas of scenic value and
the visual amenity of prominent ridgelines.
•
To protect bushland, wildlife corridors and
natural habitat.
•
To ensure the preservation and maintenance of
environmentally significant and environmentally sensitive
land.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat launching ramps; Car parks;
Community facilities; Eco-tourist facilities; Emergency services facilities;
Environmental facilities; Environmental protection works; Flood mitigation
works; Information and education facilities; Jetties; Kiosks; Markets;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Restaurants or
cafes; Roads; Signage; Small bars; Water recreation structures; Water supply
systems
4Prohibited
Any development not specified in item 2 or
3
Zone E1National Parks and Nature
Reserves
1Objectives of zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks and Wildlife
Act 1974 or that is acquired under Part 11 of that
Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone E2Environmental Conservation
1Objectives of zone
•
To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage
or otherwise have an adverse effect on those values.
•
To provide for land uses compatible with the high
ecological, scientific, cultural or aesthetic values of this
zone.
•
To foster the protection, enhancement and
creation of natural systems corridors.
2Permitted without consent
Nil
3Permitted with consent
Building identification signs; Business
identification signs; Eco-tourist facilities; Environmental facilities;
Environmental protection works; Flood mitigation works; Information and
education facilities; Oyster aquaculture; Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Pond-based aquaculture; Recreation
facilities (major); Residential flat buildings; Restricted premises; Retail
premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone E3Environmental Management
1Objectives of zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To enable development for purposes other than
rural-residential only if that development is compatible and complementary, in
terms of design, size and scale, with the character of land in the
zone.
•
To allow cellar door premises, restaurants and
cafes only where they are directly associated with the agricultural use of the
land.
•
To protect, and maintain the environmental,
ecological and visual amenity of, the Scenic Hills, the Wedderburn Plateau and
environmentally sensitive lands in the vicinity of the Georges River from
inappropriate development.
•
To preserve the rural heritage landscape
character of the Scenic Hills.
•
To protect and enhance areas of scenic value and
the visual amenity of prominent ridgelines.
•
To protect bushland, wildlife corridors and
natural habitat, including waterways and riparian lands.
•
To ensure the preservation and maintenance of
environmentally significant and environmentally sensitive
land.
2Permitted without consent
Home occupations
3Permitted with consent
Animal boarding or training establishments; Bed
and breakfast accommodation; Building identification signs; Business
identification signs; Cellar door premises; Dual occupancies (attached);
Dwelling houses; Educational establishments; Emergency services facilities;
Environmental facilities; Environmental protection works; Extensive
agriculture; Farm buildings; Farm stay accommodation; Flood mitigation works;
Home-based child care; Home businesses; Home industries; Horticulture; Oyster
aquaculture; Places of public worship; Pond-based aquaculture; Recreation
areas; Restaurants or cafes; Roads; Roadside stalls; Rural workers’
dwellings; Tank-based aquaculture; Viticulture; Water supply
systems
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Retail premises; Seniors housing; Service stations; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone E4Environmental Living
1Objectives of zone
•
To provide for low-impact residential development
in areas with special ecological, scientific or aesthetic
values.
•
To ensure that residential development does not
have an adverse effect on those values.
•
To conserve the rural and bushland character of
land that forms the scenic eastern edge of Campbelltown’s urban
area.
•
To protect and enhance areas of scenic value and
the visual amenity of prominent ridgelines.
•
To maintain significant stands of native
vegetation and wildlife and riparian corridors.
•
To ensure the preservation and maintenance of
environmentally significant and environmentally sensitive
land.
2Permitted without consent
Home occupations
3Permitted with consent
Building identification signs; Business
identification signs; Centre-based child care facilities; Community
facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist
facilities; Emergency services facilities; Environmental facilities;
Environmental protection works; Extensive agriculture; Farm buildings; Flood
mitigation works; Horticulture; Home-based child care centres; Home
businesses; Home industries; Oyster aquaculture; Pond-based aquaculture;
Recreation areas; Recreation facilities (outdoor); Respite day care centres;
Roads; Tank-based aquaculture; Viticulture; Water supply
systems
4Prohibited
Industries; Service stations; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Zone W1Natural Waterways
1Objectives of zone
•
To protect the ecological and scenic values of
natural waterways.
•
To prevent development that would have an adverse
effect on the natural values of waterways in this zone.
•
To provide for sustainable fishing industries and
recreational fishing.
•
To enable the passive recreational enjoyment and
scientific study of the natural environment.
•
To protect significant stands of native
vegetation and wildlife and riparian corridors.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat launching ramps; Building
identification signs; Charter and tourism boating facilities; Environmental
facilities; Environmental protection works; Flood mitigation works; Jetties;
Recreation areas; Recreation facilities (outdoor); Roads; Water recreation
structures; Water supply systems
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Recreation facilities (major); Residential
flat buildings; Restricted premises; Retail premises; Seniors housing; Service
stations; Warehouse or distribution centres; Any other development not
specified in item 2 or 3
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to ensure that the density of development is
compatible with the capacity of existing and proposed
infrastructure,
(b)
to ensure that the density of settlement will be
compatible with the objectives of the zone,
(c)
to limit the density of settlement in
environmentally, scenically or historically sensitive
areas,
(d)
to ensure lot sizes are compatible with the
conservation of natural systems, including waterways, riparian land and
groundwater dependent ecosystems,
(e)
to facilitate viable agricultural
undertakings,
(f)
to protect the curtilage of heritage items and
heritage conservation areas,
(g)
to facilitate a diversity of housing
forms.
(2)
This clause applies to a subdivision of any land
shown on the Lot Size Map that requires development
consent and that is carried out after the commencement of this
Plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies is not to be less than the minimum size
shown on the Lot Size Map in relation to that
land.
(4)
This clause does not apply in relation to the
subdivision of any land—
(a)
by the registration of a strata plan or strata
plan of subdivision under the Strata Schemes Development
Act 2015, or
(b)
by any kind of subdivision under the Community Land Development Act
1989.
(4A)
If a lot is a battle-axe lot or other lot with an
access handle, the area of the access handle is not to be included in
calculating the lot size.
(4B)
Despite subclause (3), development consent may be
granted for the subdivision of land into lots that do not meet the minimum
size shown on the Lot Size Map if the lots are residue
lots resulting from the creation of a public road, public open space or other
public purpose.
(4C)
Despite subclause (3), development consent may be
granted for the subdivision of land within Lot 61, DP 752042, Appin Road,
Gilead, into lots that do not meet the minimum size shown on the Lot Size
Map if—
(a)
each lot has a minimum lot size of not less than
375m2, and
(b)
no more than 65 lots have a lot size of less than
450m2, and
(c)
no more than 3 contiguous lots sharing a street
frontage have a lot size of less than 450m2,
and
(d)
each lot is located not more than 200m from a bus
route, community centre or open space area.
cl 4.1: Am 2017
(500), Sch 1 [1].
4.1AAMinimum subdivision lot size for community title
schemes
(1)
The objectives of this clause are as
follows—
(a)
to provide for the proper and orderly development
of land,
(b)
to ensure that land developed under the Community Land Development Act 1989 will
achieve densities consistent with the objectives of the
zone,
(c)
to protect the curtilage of heritage items and
heritage conservation areas.
(2)
This clause applies to a subdivision (being a
subdivision that requires development consent) under the Community Land Development Act 1989 of
land in any of the following zones—
(a)
Zone RU2 Rural Landscape,
(b)
Zone R2 Low Density
Residential,
(c)
Zone R3 Medium Density
Residential,
(d)
Zone R5 Large Lot
Residential,
(e)
Zone E3 Environmental
Management,
(f)
Zone E4 Environmental
Living,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 1989) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
(4)
This clause applies despite clause
4.1.
4.1AMaximum dwelling density in certain residential
areas
(1)
The objectives of this clause are as
follows—
(a)
to restrict the dwelling yield on certain
land,
(b)
to ensure that infrastructure is not
overburdened,
(c)
to provide for a diversity of dwelling
types.
(2)
This clause applies to land identified as
“Restricted dwelling yield” on the Restricted Dwelling Yield
Map.
(3)
Despite clauses 4.1, 4.1AA, 4.1B and 4.1C, the
total number of dwellings that may be created by the development of land
specified in Column 1 of the table to this clause must not exceed the number
specified in Column 2 of the table.
Column
1
Column
2
“Area 1” on
the Restricted Dwelling Yield Map, being
land at Airds-Bradbury
2104
“Area
2” on the Restricted Dwelling Yield Map, being
land at Claymore
1490
“Area
3”on the Restricted Dwelling Yield Map, being
land at the Western Sydney University
850
4.1BMinimum subdivision lot sizes for dual occupancies in
certain zones
(1)
The objectives of this clause are as
follows—
(a)
to achieve planned residential density in certain
zones,
(b)
to ensure that lot sizes are consistent with the
predominant subdivision pattern of the area and maintain a low density
residential character in existing neighbourhoods,
(c)
to facilitate development applications seeking
concurrent approval for dual occupancy development and
subdivision,
(d)
to prevent the fragmentation of
land.
(2)
Despite clause 4.1, development consent may be
granted to development for the purpose of a dual occupancy if the development
will be on a lot that is at least the minimum size shown on the Lot Size for Dual
Occupancy Development Map in relation to that
land.
(3)
Despite clause 4.1 and subclause (2), development
consent may be granted for the subdivision of land in Zone R2 Low Density
Residential into lots that are less than the minimum lot size shown on the
Lot Size
Map in relation to that land if—
(a)
there is an existing dual occupancy on the land
that was lawfully erected under an environmental planning instrument or there
is a development application for the concurrent approval of a dual occupancy
and its subdivision into 2 lots, and
(b)
the lot size of each resulting lot will be at
least 300 square metres, and
(c)
the subdivision will not result in more than one
principal dwelling on each resulting lot.
4.1CMinimum qualifying site area and lot size for certain
residential and centre-based child care facility development in residential
zones
(1)
The objectives of this clause are as
follows—
(a)
to achieve planned residential densities in
certain zones,
(b)
to achieve satisfactory environmental and
infrastructure outcomes,
(c)
to minimise any adverse impact of development on
residential amenity,
(d)
to minimise land use
conflicts.
(2)
Development consent may be granted to development
for a purpose specified in the table to this clause on land in a zone listed
beside the purpose, if the area of the lot is equal to or greater than the
area specified in Column 3 of the table.
(3)
Development consent may be granted to the
subdivision of land in a zone that is specified in the table to this clause
for a purpose listed beside the zone, if the area of the lot to be created is
equal to or greater than the area specified in Column 4 of the
table.
Column
1
Column
2
Column
3
Column
4
Dwelling
house
Zone R2 Low Density
Residential
500 square
metres
500 square
metres
Dual
occupancy
Zone R2 Low
Density Residential
700 square
metres
300 square
metres
Semi-detached
dwelling
Zone R2 Low
Density Residential
700 square
metres
300 square
metres
Attached
dwelling
Zone R2 Low
Density Residential
1,000 square
metres
300 square
metres
Centre-based child
care facilities
Zone R2 Low
Density Residential or Zone R3 Medium Density Residential
800 square
metres
N/A
Residential flat
buildings
Zone R4 High
Density Residential
1,200 square
metres
1,200 square
metres
cl 4.1C: Am 2017
(493), Sch 1.2 [1] [3]; 2019 (560), Sch 1[3].
4.1DMinimum lot sizes for certain land uses in certain
environment protection zones
(1)
The objectives of this clause are as
follows—
(a)
to allow for certain non-residential land
uses,
(b)
to minimise any adverse impact on local amenity
and the natural environment,
(c)
to achieve satisfactory environmental and
infrastructure outcomes,
(d)
to minimise land use
conflicts.
(2)
This clause applies to land in the following
zones—
(a)
Zone E3 Environmental
Management,
(b)
Zone E4 Environmental
Living.
(3)
Development consent may be granted to development
for a purpose specified in the table to this clause on land in a zone listed
beside the purpose, if the area of the lot is equal to or greater than the
area specified in the table.
Column
1
Column
2
Column
3
Animal boarding or
training establishments
Zone E3 Environmental
Management
5
hectares
Educational
establishments
Zone E3
Environmental Management or Zone E4 Environmental Living
10
hectares
Places of public
worship
Zone E3
Environmental Management
10
hectares
4.1EException to minimum lot sizes for certain land in Mount
Gilead Urban Release Area
(1)
This clause applies to that part of Lot 3, DP
1218887, Appin Road, Gilead that is in Zone RU2 Rural
Landscape.
(2)
Despite clause 4.1, development consent may be
granted to the subdivision of land to which this clause applies to create lots
with a size less than the minimum lot size shown on the Lot Size
Map in relation to the land if the consent authority is
satisfied that the subdivision is for the purpose of facilitating the
development of land that is—
(a)
in Zone R2 Low Density Residential,
and
(b)
identified as “Mount Gilead Urban Release
Area” on the Urban Release Area
Map.
cl 4.1E: Ins 2017
(500), Sch 1 [2]. Am 2017 (620), cl 4.
4.1FException to minimum lot sizes for certain land in
Glenfield
(1)
This clause applies to that part of Lot 91, DP
1155962 that is in Zone RU2 Rural Landscape.
(2)
Despite clause 4.1, development consent may be
granted to the subdivision of land to which this clause applies to create lots
with a size less than the minimum lot size shown on the Lot Size
Map in relation to the land.
(3)
A dwelling cannot be erected on a lot created
under this clause.
cl 4.1F: Ins 2018
(266), Sch 1 [1].
4.1GException to minimum subdivision lot sizes for certain
residential development in Maryfields Urban Release Area
(1)
The objective of this clause is to provide
flexibility in the application of lot size standards for residential
development on larger sized lots on land in Zone R3 Medium Density Residential
in the Maryfields Urban Release Area.
(2)
This clause applies to land in Zone R3 Medium
Density Residential and identified as “Maryfields Urban Release
Area” on the Urban Release Area
Map.
(3)
Despite clause 4.1, development consent may be
granted for the subdivision of land to which this clause applies on which is
lawfully erected a type of residential accommodation if—
(a)
the size of each lot to be subdivided is at least
1800 square metres, and
(b)
each lot resulting from the subdivision will be
at least 225 square metres and will have an erected single dwelling,
and
(c)
each lot resulting from the subdivision will have
a single dwelling that is in existence and for which an occupation certificate
was issued before the consent was granted.
cl 4.1G: Ins 2018
(390), Sch 1 [3].
4.2Rural subdivision
(1)
The objective of this clause is to provide
flexibility in the application of standards for subdivision in rural zones to
allow land owners a greater chance to achieve the objectives for development
in the relevant zone.
(2)
This clause applies to the following rural
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(baa)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU6 Transition.
Note—
When this Plan was made it did not include all of
these zones.
(3)
Land in a zone to which this clause applies may,
with development consent, be subdivided for the purpose of primary production
to create a lot of a size that is less than the minimum size shown on the
Lot Size
Map in relation to that land.
(4)
However, such a lot cannot be created if an
existing dwelling would, as the result of the subdivision, be situated on the
lot.
(5)
A dwelling cannot be erected on such a
lot.
Note—
A dwelling includes a rural worker’s
dwelling (see definition of that term in the
Dictionary).
4.2AErection of dwelling houses or dual occupancies (attached)
on land in certain rural and environment protection
zones
(1)
The objectives of this clause are as
follows—
(a)
to enable the replacement of lawfully erected
dwelling houses and dual occupancies (attached), and the realisation of
dwelling entitlements in rural and environment protection
zones,
(b)
to restrict the extent of residential development
in rural and environment protection zones to maintain the existing
character,
(c)
to recognise the contribution that development
density in these zones makes to the landscape and environmental character of
those places.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU2 Rural Landscape,
(b)
Zone E3 Environmental
Management,
(c)
Zone E4 Environmental
Living.
(3)
Development consent must not be granted for the
erection of a dwelling house or a dual occupancy (attached) on land to which
this clause applies unless the land—
(a)
is a lot that has at least the minimum lot size
shown on the Lot Size Map in relation to that land,
or
(b)
is a lot created under this Plan (other than
clause 4.2(3)), or
(c)
is a lot created under an environmental planning
instrument before this Plan commenced and on which the erection of a dwelling
house or a dual occupancy (attached) was permissible immediately before that
commencement, or
(d)
is a lot resulting from a subdivision for which
development consent (or its equivalent) was granted before this Plan commenced
and on which the erection of a dwelling house or a dual occupancy (attached)
would have been permissible if the plan of subdivision had been registered
before that commencement, or
(e)
is an existing holding, or
(f)
would have been a lot or holding referred to in
paragraph (a), (b), (c), (d) or (e) had it not been affected by—
(i)
a minor realignment of its boundaries that did
not create an additional lot, or
(ii)
a subdivision creating or widening a public road
or public reserve or for another public purpose, or
(iii)
a consolidation with an adjoining public road or
public reserve or for another public purpose.
Note—
A dwelling cannot be erected on a lot created
under clause 9 of State Environmental Planning Policy
(Rural Lands) 2008 or clause 4.2.
(4)
Development consent must not be granted under
subclause (3) unless—
(a)
no dwelling house or dual occupancy (attached)
has been erected on the land, and
(b)
if a development application has been made for
development for the purposes of a dwelling house or dual occupancy (attached)
on the land—the application has been refused or it was withdrawn before
it was determined, and
(c)
if development consent has been granted in
relation to such an application—the consent has been surrendered or it
has lapsed.
(5)
Development consent may be granted for the
erection of a dwelling house or a dual occupancy (attached) on land to which
this clause applies if there is a lawfully erected dwelling house or dual
occupancy (attached) on the land and the dwelling house or dual occupancy
(attached) proposed to be erected is intended only to replace the existing
dwelling house or dual occupancy (attached).
(6)
Development consent may be granted to convert a
dwelling house into, or to replace a dwelling house with, a dual occupancy
(attached) on land to which this clause applies if no dual occupancy
(attached) exists on the land and the dual occupancy (attached) is designed
and will be constructed to have the appearance of a single
dwelling.
(7)
In this clause—
existing holding
means land that—
(a)
was a holding on the relevant date,
and
(b)
is a holding at the time the application for
development consent referred to in subclause (3) is
lodged,
whether or not there has been a change in the ownership
of the holding since the relevant date, and includes any other land adjoining
that land acquired by the owner since the relevant date.
holding means all adjoining
land, even if separated by a road or railway, held by the same person or
persons.
relevant date
means—
(a)
in the case of land to which Campbelltown (Urban Area) Local Environmental Plan
2002 applied immediately before the commencement of this
Plan—
(i)
for land identified as “25 February
1977” on the Former LEP and IDO Boundaries
Map—25 February 1977, or
(ii)
for land identified as “15 July 1977”
on the Former
LEP and IDO Boundaries Map—15 July 1977,
or
(iii)
for land identified as “3 November
1978” on the Former LEP and IDO Boundaries
Map—3 November 1978, or
(b)
in the case of land to which Campbelltown Local Environmental Plan—District 8
(Central Hills Lands) applied immediately before the
commencement of this Plan—20 September 1974, or
(c)
in the case of land to which Campbelltown Local Environmental Plan No
1 applied immediately before the commencement of this
Plan—26 June 1981, or
(d)
in the case of land to which Interim Development Order
No 13—City of Campbelltown applied immediately
before the commencement of this Plan—20 September 1974,
or
(e)
in the case of land to which Interim Development Order
No 15—City of Campbelltown applied immediately
before the commencement of this Plan—27 September 1974,
or
(f)
in the case of land to which Interim Development Order
No 28—City of Campbelltown applied immediately
before the commencement of this Plan—3 November
1978.
Note—
The owner in whose ownership all the land is at
the time the application is lodged need not be the same person as the owner in
whose ownership all the land was on the stated date.
4.2BErection of rural workers’ dwellings on land in
Zones RU2 and E3
(1)
The objectives of this clause are as
follows—
(a)
to facilitate, on the same land, the provision of
adequate accommodation for employees involved in existing agricultural
activities, including agricultural produce industries,
(b)
to maintain the non-urban landscape and
development characters of certain rural and environment protection
zones.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU2 Rural Landscape,
(b)
Zone E3 Environmental
Management.
(3)
Development consent must not be granted for the
erection of a rural worker’s dwelling on land to which this clause
applies unless the consent authority is satisfied that—
(a)
the development will be on the same lot as an
existing lawfully erected dwelling house or dual occupancy (attached),
and
(b)
the development will not impair the use of the
land for agricultural activities, including agricultural produce industries,
and
(c)
the agricultural activity or agricultural produce
industry has an economic capacity to support the ongoing employment of rural
workers, and
(d)
the development is necessary considering the
nature of the existing or proposed agricultural activity or agricultural
produce industry occurring on the land or as a result of the remote or
isolated location of the land, and
(e)
there will be not more than one rural
worker’s dwelling on the lot, and
(f)
the development will be a single storey building
with a maximum floor area of 120 square metres or not more than 20% of the
floor area of any existing dwelling house on that land, whichever is
greater.
4.2CExceptions to minimum subdivision lot sizes for certain
land in Zones RU2 and E3
(1)
The objective of this clause is to allow the
owners of certain land to which the following environmental planning
instruments applied to excise a home-site area from an existing lot (or
existing holding) by the means of a subdivision—
(a)
Campbelltown Local
Environmental Plan No 1,
(b)
Interim Development Order No
15—City of Campbelltown.
(2)
Subclause (3) applies to each lot to which
Campbelltown Local Environmental Plan No
1 applied immediately before its repeal that—
(a)
was in existence on 26 June 1981,
and
(b)
is in Zone E3 Environmental Management,
and
(c)
has an area of at least 10
hectares.
(3)
Development consent must not be granted to the
subdivision of the land to which this subclause applies unless the proposed
subdivision will result in the creation of only 2 lots, each of which must
have an area of at least 2 hectares.
(4)
Subclause (5) applies to each lot to which
Interim Development Order No 15—City of
Campbelltownapplied immediately before its repeal
that—
(a)
was in existence on 18 July 1973,
and
(b)
is in Zone RU2 Rural
Landscape.
(5)
Development consent must not be granted to the
subdivision of the land to which this subclause applies unless the smallest
lot to be created has an area of at least 2 hectares and is required for the
erection of a dwelling house for occupation by—
(a)
the person who owned the land on 18 July 1973,
or
(b)
a relative of that owner, or
(c)
a person employed or engaged by that owner in the
use of land of the owner adjoining or adjacent to that lot for the purpose of
agriculture.
(6)
The total number of lots that may be created by
the subdivision of land to which subclause (5) applies, whether by one or more
subdivisions, must not exceed—
(a)
if the land to be subdivided had an area of less
than 10 hectares—nil, or
(b)
if the land to be subdivided had an area of at
least 10 hectares but less than 40 hectares—1, or
(c)
if the land to be subdivided had an area of at
least 40 hectares but less than 80 hectares—2, or
(d)
if the land to be subdivided had an area of at
least 80 hectares—3.
4.2DExceptions to minimum subdivision lot sizes for certain
land in Zone E4
(1)
The objective of this clause is to permit the
subdivision of certain land in the East Edge Scenic Protection Lands Area to
create lots of a size that are less than the minimum lot size shown on the
Lot Size
Map in relation to that land.
(2)
This clause applies to land identified as
“1 ha” on the Lot Averaging Map.
(3)
Despite clause 4.1, development consent may be
granted to the subdivision of land to which this clause applies if the
subdivision will not create a number of lots that is more than the number
resulting from multiplying the total area of the land being subdivided by the
maximum density control number specified on the Lot Averaging
Map in relation to that land.
(4)
Development consent must not be granted under
this clause unless the consent authority is satisfied that—
(a)
the pattern of lots created by the subdivision,
the provision of access and services and the location of any future buildings
on the land will not have a significant detrimental impact on native
vegetation, and
(b)
each lot to be created by the subdivision
contains a suitable land area for—
(i)
a dwelling house, and
(ii)
an appropriate asset protection zone relating to
bush fire hazard, and
(iii)
if reticulated sewerage is not available to the
lot—on-site sewage treatment, management and disposal,
and
(iv)
other services related to the use of the land for
residential occupation, and
(c)
if reticulated sewerage is not available to the
lot—a geotechnical assessment demonstrates to the consent
authority’s satisfaction that the lot can suitably accommodate the
on-site treatment, management and disposal of effluent,
and
(d)
adequate arrangements are in place for the
provision of infrastructure to service the needs of development in the
locality.
4.2ESubdivision of land in Zone E3
(1)
The objective of this clause is to provide
flexibility in the application of standards for the subdivision of certain
land to allow land owners a greater chance to achieve the objectives for
development in the relevant zone.
(2)
Land in Zone E3 Environmental Management may,
with development consent, be subdivided for the purpose of primary production
to create a lot of a size that is less than the minimum size shown on the
Lot Size
Map in relation to that land.
(3)
However, such a lot cannot be created if an
existing dwelling would, as the result of the subdivision, be situated on the
lot.
(4)
A dwelling cannot be erected on a lot created
under this clause.
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to nominate a range of building heights that will
provide a transition in built form and land use intensity across all
zones,
(b)
to ensure that the heights of buildings reflect
the intended scale of development appropriate to the locality and the
proximity to business centres and transport facilities,
(c)
to provide for built form that is compatible with
the hierarchy and role of centres,
(d)
to assist in the minimisation of opportunities
for undesirable visual impact, disruption to views, loss of privacy and loss
of solar access to existing and future development and to the public
domain.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
4.3AHeight restrictions for certain residential
accommodation
(1)
The objective of this clause is to limit the
number of storeys of certain types of residential
development.
(2)
The following forms of residential accommodation
must not be higher than 2 storeys—
(a)
an attached dwelling,
(b)
a dual occupancy,
(c)
a dwelling house,
(d)
a dwelling that forms part of multi-dwelling
housing,
(e)
a semi-detached dwelling,
(f)
a dwelling contained within a residential flat
building,
(g)
a dwelling that form part of shop-top
housing.
4.4Floor space ratio
(1)
The objectives of this clause are as
follows—
(a)
to provide effective control over the bulk and
scale of future development,
(b)
to nominate a range of floor space ratio controls
that will provide a transition in built form and land use intensity across all
zones,
(c)
to ensure that buildings are compatible with the
bulk and scale of the existing and desired future character of the
locality,
(d)
to ensure that the bulk and scale of buildings
contribute to the intended architectural outcomes for development appropriate
to the locality and reflect their proximity to the business centres and
transport facilities,
(e)
to provide for built form that is compatible with
the hierarchy and role of centres,
(f)
to assist in the minimisation of opportunities
for undesirable visual impact, disruption to views, loss of privacy and loss
of solar access to existing and future development and the public domain is
addressed,
(g)
to minimise the adverse impacts of development on
heritage conservation areas, heritage items and the public
domain.
(2)
The maximum floor space ratio for a building on
any land is not to exceed the floor space ratio shown for the land on the
Floor Space
Ratio Map.
(2A)
Despite subclause (2), the floor space ratio for
a building used for a purpose specified in the table to this subclause on land
in a zone specified in the table is the floor space ratio listed beside the
use and the zone in the table plus the floor space ratio shown for the land on
the Floor
Space Ratio Map.
Column
1
Column
2
Use and
zone
Floor
space ratio
Dwelling houses in
Zone R2 Low Density Residential, Zone R3 Medium Density Residential and Zone
R5 Large Lot Residential
0.55:1
Dual
occupancies in Zone R2 Low Density Residential, Zone R3 Medium Density
Residential and Zone R5 Large Lot Residential
0.45:1
Multi dwelling
housing in Zone R3 Medium Density Residential
0.75:1
Centre-based
child care facilities in a residential zone
0.55:1
cl 4.4: Am 2017
(493), Sch 1.2 [3]; 2019 (560), Sch 1[4].
4.5Calculation of floor space ratio and site
area
(1)Objectives
The objectives of this clause are as
follows—
(a)
to define floor space
ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to—
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor space
ratio”
The floor space ratio of
buildings on a site is the ratio of the gross floor area of all buildings
within the site to the site area.
(3)Site area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to
be—
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site area
The following land must be excluded from the site
area—
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development to be
included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be separately
considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent “double
dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If—
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected land),
and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same
meaning as it has in the Local Government Act
1993.
4.6Exceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental
Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living
if—
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
Note—
When this Plan was made it did not include all of
these zones.
(7)
After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant’s
written request referred to in subclause (3).
(8)
This clause does not allow development consent to
be granted for development that would contravene any of the
following—
(a)
a development standard for complying
development,
(b)
a development standard that arises, under the
regulations under the Act, in connection with a commitment set out in a BASIX
certificate for a building to which State Environmental
Planning Policy (Building Sustainability Index: BASIX)
2004 applies or for the land on which such a building is
situated,
(ba)
clause 4.1D, 4.2A, 4.2B or
4.2C,
(c)
clause 5.4,
(ca)
clause 6.1 or 6.2.
Part 7Additional local provisions
7.1Earthworks
(1)
The objective of this clause is to ensure that
earthworks for which development consent is required will not have a
detrimental impact on environmental functions and processes, neighbouring
uses, cultural or heritage items or features of the surrounding
land.
(2)
Development consent is required for earthworks
unless—
(a)
the earthworks are exempt development under this
Plan or another applicable environmental planning instrument,
or
(b)
the earthworks are ancillary to development that
is permitted without consent under this Plan or to development for which
development consent has been given.
(3)
In deciding whether to grant development consent
for earthworks (or for development involving ancillary earthworks), the
consent authority must consider the following matters—
(a)
the likely disruption of, or any detrimental
effect on, drainage patterns and soil stability in the locality of the
development,
(b)
the effect of the development on the likely
future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the development on the existing and
likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
the proximity to, and potential for adverse
impacts on, any waterway, drinking water catchment or environmentally
sensitive area,
(h)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
Note—
The National Parks and Wildlife
Act 1974, particularly section 86, deals with harming
Aboriginal objects.
7.2Flood planning
(1)
The objectives of this clause are as
follows—
(a)
to minimise the flood risk to life and property
associated with the use of land,
(b)
to allow development on land that is compatible
with the land’s flood hazard, taking into account projected changes as a
result of climate change,
(c)
to avoid significant adverse impacts on flood
behaviour and the environment.
(2)
This clause applies to land at or below the flood
planning level.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that the development—
(a)
is compatible with the flood hazard of the land,
and
(b)
will not significantly adversely affect flood
behaviour resulting in detrimental increases in the potential flood
affectation of other development or properties, and
(c)
incorporates appropriate measures to manage risk
to life from flood, and
(d)
will not significantly adversely affect the
environment or cause avoidable erosion, siltation, destruction of riparian
vegetation or a reduction in the stability of river banks or watercourses,
and
(e)
is not likely to result in unsustainable social
and economic costs to the community as a consequence of
flooding.
(4)
A word or expression used in this clause has the
same meaning as it has in the Floodplain Development Manual (ISBN 0
7347 5476 0) published by the NSW Government in April
2005, unless it is otherwise defined in this clause.
(5)
In this clause—
land at or below the
flood planning level means land at or below the level of a
1:100 ARI (average recurrent interval) flood event plus 0.5 metre
freeboard.
7.3Riparian land and watercourses
(1)
The objective of this clause is to protect and
maintain the following—
(a)
water quality within
watercourses,
(b)
the stability of the bed and banks of
watercourses,
(c)
aquatic and riparian habitats, including those
with key fish habitat value as mapped by NSW Fisheries,
(d)
ecological processes within watercourses and
riparian areas,
(e)
groundwater systems.
(2)
This clause applies to all of the
following—
(a)
all land within 40 metres of the Georges River,
the Hawkesbury-Nepean River, the Woronora River and any
wetland,
(b)
all land within 30 metres of any
waterway,
(c)
all land identified as “Riparian
Protection” on the Environmental Constraint
Map.
(3)
Before determining a development application for
development on land to which this clause applies, the consent authority must
consider—
(a)
whether or not the development is likely to have
any adverse impact on the following—
(i)
the water quality and flows within the
watercourse,
(ii)
the aquatic and riparian species, habitats and
ecosystems of the watercourse,
(iii)
the stability of the bed and banks of the
watercourse,
(iv)
the free passage of fish and other aquatic
organisms within or along the watercourse,
(v)
any future rehabilitation of the watercourse and
its riparian areas,
(vi)
the underlying and surrounding groundwater
resources and groundwater dependent ecosystems, and
(b)
whether or not the development is likely to
increase water extraction from the watercourse, and
(c)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
(4)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that—
(a)
the development is designed, sited and will be
managed to avoid potential adverse environmental impact,
or
(b)
if that impact cannot be reasonably
avoided—the development is designed, sited and will be managed to
minimise that impact, or
(c)
if that impact cannot be minimised—the
development will be managed to mitigate that
impact.
cl 7.3: Am 2017
(631), Sch 1 [3].
7.4Salinity
(1)
The objective of this clause is to provide for
the appropriate management of land that is subject to salinity and the
minimisation and mitigation of adverse impacts from development that
contributes to salinity.
(2)
This clause applies to development on land
affected by groundwater salinity and development that may have an adverse
impact on salinity processes on any land.
(3)
In deciding whether to grant development consent
for development on land to which this clause applies, the consent authority
must consider the following—
(a)
whether the development is likely to have any
adverse impact on salinity processes on the land,
(b)
whether salinity is likely to have an impact on
the development,
(c)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
(4)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that—
(a)
the development is designed, sited and will be
managed to avoid any significant adverse environmental impact,
or
(b)
if that impact cannot be reasonably
avoided—the development is designed, sited and will be managed to
minimise that impact, or
(c)
if that impact cannot be minimised—the
development will be managed to mitigate that
impact.
7.5Preservation of the natural
environment
(1)
The objective of this clause is to preserve the
natural environment.
(2)
This clause applies to all land in the following
zones—
(a)
Zone RU2 Rural Landscape,
(b)
Zone RE1 Public Recreation,
(c)
Zone E2 Environmental
Conservation,
(d)
Zone E3 Environmental
Management,
(e)
Zone E4 Environmental
Living.
(3)
Despite any other provision of this Plan,
development consent must not be granted to the removal of soil or bush rock
from any land to which this clause applies.
(4)
Subclause (3) does not prevent the relocation of
soil or bush rock within the same site.
7.6Scenic protection and escarpment
preservation
(1)
The objectives of this clause are as
follows—
(a)
to recognise and protect the scenic,
environmental, cultural and historic qualities of the Scenic Hills and the
landscape setting of Campbelltown,
(b)
to protect visual aesthetic amenity and views to
and from the Scenic Hills,
(c)
to reinforce the visual dominance of landscape
over built form,
(d)
to ensure development on land to which this
clause applies is appropriate for the location and is located and designed to
minimise its visual prominence in the landscape.
(2)
This clause applies to land identified as
“Escarpment Preservation Area” on the Environmental Constraint
Map.
(3)
Development consent must not be granted to any
development on land to which this clause applies unless the consent authority
is satisfied that—
(a)
measures will be taken, including in relation to
the location and design of the proposed development, to minimise the visual
impact of the development on the natural and visual environment of the land,
and
(b)
the external surfaces of any building consist of
prescribed materials, and
(c)
the development will incorporate measures to
preserve the scenic qualities of, and views to and from, the land,
and
(d)
measures will be taken to reduce any potential
land use conflict, and
(e)
the development will maintain the existing
natural landscape and landform and will not affect the stability of the
land.
(4)
In this clause—
external surfaces,
in relation to a building, include the external walls of the building and any
cladding on the walls, and any doors, door and window frames, columns, roofs,
fences and any other surfaces of the buildings visible from the outside of the
building.
prescribed
materials means materials that are dark-coloured and of low
reflective quality or painted or similarly treated with dark-coloured paint of
low reflective quality and that blend with the landscape of the site of the
building of which they form part.
cl 7.6: Am 2017
(631), Sch 1 [4].
7.7Considerations for development on environmentally
constrained land
(1)
The objective of this clause is to prevent
inappropriate development on land that is subject to environmental
constraints.
(2)
This clause applies to land identified as
“Development on land in Nurra Reserve”, “Restriction on land
for overland flow detention purposes (drainage)” and “No build
area” on the Environmental Constraint
Map.
(3)
In determining whether to grant development
consent to development on the land to which this clause applies, the consent
authority must consider the following matters—
(a)
for land in Nurra Reserve, Ambarvale, being Lot
12, DP 700701 and part of Lot 13, DP 700702 identified as “Development
on land in Nurra Reserve” on the Environmental Constraint
Map—the impact of the development on the
preservation of trees and other vegetation on the land,
(b)
for land identified as “Restriction on land
for overland flow detention purposes (drainage)” on the Environmental
Constraint Map—the impact of the development on the
continued use of the land for stormwater detention,
(c)
for land in Wedderburn, identified as “No
build area” on the Environmental Constraint Map—the
fact that the land is not capable of accommodating development other than
fencing,
(d)
for land in Varroville, identified as “No
build area” on the Environmental Constraint Map—the
fact that the land is not capable of accommodating development other than a
lawn cemetery and associated fencing.
cl 7.7: Am 2017 (39),
Sch 1 [1]; 2017 (631), Sch 1 [4].
7.8Development on steep land in the Scenic
Hills
(1)
This clause applies to land identified as
“Development on steep land (Scenic Hills)” on the Environmental
Constraint Map.
(2)
A person must not carry out development on land
having a gradient of more than 16% except with development
consent.
(3)
Subclause (2) does not require a person to obtain
development consent for the excavation or filling of land if the level of the
land to be excavated or filled will not, when the excavation or filling has
been completed, vary by more than 0.5 metre from the natural level of the
land.
(4)
In deciding whether or not to grant development
consent under this clause, the consent authority must consider the
following—
(a)
the proposed excavation or
filling,
(b)
the means whereby the stability of the land will
be maintained,
(c)
the existing vegetation and any proposed
plantings in and around the land to be excavated or
filled.
cl 7.8: Am 2017
(631), Sch 1 [4]; 2020 (501), Sch 2.3.
7.8AUse of certain land at 166–176 St Andrews Road,
Varroville
(1)
This clause applies to land at 166–176 St
Andrews Road, Varroville, being Lot 1, DP 218016, Lot B, DP 370979 and Lot 22,
DP 564065.
(2)
Development for the purposes of a cemetery is
permitted with development consent, but only if the consent authority is
satisfied that—
(a)
the development will complement the landscape and
scenic quality of the site, particularly when viewed from surrounding areas
including the Campbelltown urban area, “Varro Ville” (homestead
group at 196 St Andrews Road, Varroville) and the Hume Highway,
and
(b)
the development will not adversely affect the
visual or physical qualities of the site, and
(c)
the development will cause minimal effect on the
existing landform and landscape, and
(d)
the site will also include a publicly accessible
passive recreation space, and
(e)
the development will be carried out in accordance
with the conservation management plan titled “Conservation Management
Plan, Varroville Estate: 166–176 St Andrews Road, Varroville”,
dated October 2015, and the supplementary information relating to the plan
provided by letter by Urbis on 22 August 2016, published on the website of the
Department of Planning and Environment.
Note—
Clause 7.7(3) restricts development on part of
the land to which this clause applies to development for the purposes of a
lawn cemetery.
cl 7.8A: Ins 2017
(39), Sch 1 [2].
7.9Mixed use development in Zone B3 and Zone
B4
(1)
The objective of this clause is to promote
employment opportunities and mixed use development in Zone B3 Commercial Core
and Zone B4 Mixed Use.
(2)
This clause applies to land in Zone B3 Commercial
Core and Zone B4 Mixed Use.
(3)
Development consent must not be granted to the
erection of a building that will contain a residential component, or a change
of use of a building, on land to which this clause applies unless the consent
authority is satisfied that—
(a)
the building will have an active street frontage
after its erection or change of use, and
(b)
the ground floor will only accommodate
non-residential land uses, and
(c)
if the land is in Zone B3 Commercial
Core—the building will have at least one additional level of floor
space, immediately above the required non-residential ground floor, that is
also set aside for non-residential land uses.
(4)
Despite subclause (3), an active street frontage
is not required for any part of a building that is used for any of the
following—
(a)
entrances and lobbies (including as part of mixed
use development),
(b)
access for fire services,
(c)
vehicular access.
(5)
In this clause—
active street
frontage, of a building, means that all premises on the
ground floor of the building facing the street are used for the purposes of
business premises or retail premises.
non-residential land
uses includes uses for the purposes of commercial premises,
medical centres, recreation facilities (indoor) and other similar uses but
does not include car parking.
7.10Essential services
Development consent must not be granted to
development unless the consent authority is satisfied that any of the
following services that are essential for the development are available or
that adequate arrangements have been made to make them available when
required—
(a)
the supply of water,
(b)
the supply of electricity,
(c)
the disposal and management of
sewage,
(d)
stormwater drainage or on-site
conservation,
(e)
suitable road and vehicular
access,
(f)
telecommunication services,
(g)
the supply of natural
gas.
7.11Advertising on bus shelters
(1)
The objectives of this clause are as
follows—
(a)
to permit advertising on bus shelters that are
purpose built to accommodate advertising signage,
(b)
to facilitate better access and amenity for users
of public transport.
(2)
Despite any other provision of this Plan, the
consent authority may grant development consent to development for the
purposes of advertising, in any zone, on a bus shelter that is purpose built
as an advertising structure.
(3)
The consent authority must not grant development
consent under subclause (2) unless it is satisfied that the
signage—
(a)
is compatible with the desired amenity and visual
character of the area, and
(b)
provides effective communication in suitable
locations, and
(c)
is of a high quality design and
finish.
7.12Converting serviced apartments to residential flat
buildings or shop top housing
(1)
The objective of this clause is to prevent
substandard residential accommodation occurring through the conversion of
serviced apartments to residential flat buildings or shop top
housing.
(2)
Development consent must not be granted for the
subdivision, under a strata scheme, of a building or part of a building that
is being, or has ever been, used for serviced apartments into a residential
flat building or shop top housing unless the consent authority has considered
the following in relation to the residential flat building or shop top
housing—
(a)
the design quality principles set out in Schedule
1 to State Environmental Planning Policy No
65—Design Quality of Residential Apartment
Development,
(b)
the design principles of the Apartment Design
Guide (published by the Department of Planning and
Environment, July 2015).
7.13Design excellence
(1)
The objective of this clause is to ensure that
development exhibits the highest standard of architectural and urban design as
part of the built environment.
(2)
This clause applies to development involving the
construction of a new building or external alterations to an existing building
on land in the following zones—
(a)
Zone R3 Medium Density
Residential,
(b)
Zone R4 High Density
Residential,
(c)
Zone B2 Local Centre,
(d)
Zone B3 Commercial Core,
(e)
Zone B4 Mixed Use.
(3)
Development consent must not be granted to
development to which this clause applies unless the consent authority
considers that the development exhibits design
excellence.
(4)
In considering whether development to which this
clause applies exhibits design excellence, the consent authority must have
regard to the following matters—
(a)
whether a high standard of architectural design,
materials and detailing appropriate to the building type and location will be
achieved,
(b)
whether the form and external appearance of the
development will improve the quality and amenity of the public
domain,
(c)
whether the development detrimentally impacts on
view corridors,
(d)
how the development addresses the following
matters—
(i)
the suitability of the land for
development,
(ii)
existing and proposed uses,
(iii)
heritage issues and streetscape
constraints,
(iv)
bulk, massing and modulation of
buildings,
(v)
street frontage heights,
(vi)
environmental impacts such as sustainable design,
overshadowing, wind and reflectivity,
(vii)
the achievement of the principles of ecologically
sustainable development,
(viii)
pedestrian, cycle, vehicular and service access,
circulation and requirements,
(ix)
the impact on, and any proposed improvements to,
the public domain,
(x)
the interface with the public
domain,
(xi)
the quality and integration of landscape
design.
7.14Development for agriculture and animal boarding or
training establishments
In deciding whether to grant development consent
for the use of land for agriculture or an animal boarding or training
establishment, the consent authority must consider the following—
(a)
the need to protect groundwater resources and the
quality of downstream waterways,
(b)
the need to conserve native
vegetation,
(c)
the need to protect environmentally sensitive
land, such as riparian land, groundwater dependent ecosystems, land containing
an endangered species, population or ecological community or a vulnerable
species within the meaning of the Threatened Species
Conservation Act 1995,
(d)
the need to protect the amenity of the area from
noise, spray drift, odour or any other potentially offensive
consequences,
(e)
the need to limit inappropriate development on
flood liable land and the impact of development on flood
behaviour,
(f)
the cumulative impact of the proposed use and the
use of the land for the keeping of livestock or the growing of produce
intended solely for personal consumption or enjoyment by an owner or occupier
of a dwelling on the land.
7.15Agricultural related business development in Zones E3 and
RU2
(1)
The objective of this clause is to enhance
economic and tourism opportunities in certain rural and environment protection
zones by allowing certain commercial uses to operate in association with
agricultural uses.
(2)
This clause applies to land in the following
zones if local agricultural and rural industry exists on the
land—
(a)
Zone RU2 Rural Landscape,
(b)
Zone E3 Environmental
Management.
(3)
Despite any other provision of this Plan,
development consent may be granted for carrying out development on land to
which this clause applies in Zone RU2 Rural Landscape for the purposes of
cellar door premises or roadside stalls or on land to which this clause
applies in Zone E3 Environmental Management for the purposes of cellar door
premises, restaurants or cafes or roadside stalls, if the development
is—
(a)
to be operated in conjunction with a local
agricultural and rural industry on the same land, and
(b)
compatible with the prevailing environmental
amenity of the area.
(4)
Development consent must not be granted under
subclause (3) unless the consent authority is satisfied that the development
will operate at all times in conjunction with, and ancillary to, the local
agricultural and rural industry.
(5)
In this clause, local agricultural
and rural industry means—
(a)
for viticulture or a winery—the processing
of wine from grapes grown substantially in the vineyard where the winery
operates or from other grapes that are predominantly locally grown,
and
(b)
in any other case—the growing, handling,
treating, processing or packaging of predominantly locally grown or produced
agricultural or horticultural products,
but does not include any other rural
industry.
7.16Requirements for roadside stalls
(1)
The objective of this clause is to ensure that
the operation of roadside stalls does not create vehicle or pedestrian
hazards.
(2)
Each roadside stall must be located on private
property and have safe access and adequate on-site parking and provision for
vehicular manoeuvring.
7.17Development in Zone RE1
(1)
The objective of this clause is to ensure that
land required for public recreation is maintained for that
purpose.
(2)
Development consent must not be granted to the
carrying out of development on land in Zone RE1 Public Recreation if that land
is owned or controlled, or is proposed to be owned or controlled, by the
Council unless the consent authority has considered the
following—
(a)
the need for the development of the
land,
(b)
the impact of the development on the existing or
likely future use of the land, and prevailing natural
systems,
(c)
the need to retain the land for its existing or
likely future use.
7.18Restrictions on access to or from public
roads
(1)
The objective of this clause is to ensure that
appropriate and safe access is provided to existing public
roads.
(2)
Development for the purposes of a road or opening
any other means of access to an existing public road must not be carried out
without development consent.
(3)
Development consent may only be granted for
development on land adjoining a road within Zone SP2 Infrastructure if the
consent authority is satisfied that—
(a)
all vehicular access to the land is by way of
another road that is not within that zone, or
(b)
there is no practicable alternative vehicular
access to the land by way of another road that is not within that zone or by
way of a proposed road identified in a development control
plan.
(4)
Before granting development consent that makes
provision for vehicular access to or from a road within Zone SP2
Infrastructure, the consent authority must take the following into
consideration—
(a)
the treatment of the access and its location,
and
(b)
the effect of opening the access on traffic flow
and traffic safety on the road.
7.19Location of sex services premises
(1)
The objective of this clause is to minimise land
use conflicts and adverse amenity impacts by providing a reasonable level of
separation between sex services premises, specified land uses and places
regularly frequented by children.
(2)
In deciding whether to grant development consent
to development for the purposes of sex services premises, the consent
authority must consider the following—
(a)
whether the premises will be located on land that
adjoins, is directly opposite to or is separated only by a local road from
land—
(i)
in Zone R2 Low Density Residential, Zone R3
Medium Density Residential or Zone RE1 Public Recreation,
or
(ii)
used for the purposes of a centre-based child
care facility, a community facility, a school or a place of public
worship,
(b)
the impact of the development and its hours of
operation on any place likely to be regularly frequented by
children—
(i)
that adjoins the development,
or
(ii)
that can be viewed from the development,
or
(iii)
from which a person can view the
development.
cl 7.19: Am 2017
(493), Sch 1.2 [1].
7.20Terrestrial biodiversity
(1)
The objective of this clause is to maintain
terrestrial biodiversity by—
(a)
protecting native fauna and flora,
and
(b)
protecting the ecological processes necessary for
their continued existence, and
(c)
encouraging the conservation and recovery of
native fauna and flora and their habitats, and
(d)
maximising connectivity and minimising habitat
fragmentation.
(2)
This clause applies to land identified as
“Areas of Biodiversity Significance” or
“Biodiversity-Habitat Corridor” on the Terrestrial Biodiversity
Map.
(3)
In deciding whether to grant development consent
for development on land to which this clause applies, the consent authority
must consider—
(a)
whether the development is likely to
have—
(i)
any adverse impact on the condition, ecological
value and significance of the fauna and flora on the land,
and
(ii)
any adverse impact on the importance of the
vegetation on the land to the habitat and survival of native fauna,
and
(iii)
any potential to fragment, disturb or diminish
the biodiversity structure, function and composition of the land,
and
(iv)
any adverse impact on the habitat elements
providing connectivity on the land, and
(b)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
(4)
Development consent must not be granted to
development on land to which this clause applies unless the consent
authority—
(a)
has taken into account the objectives of this
clause, and
(b)
is satisfied that the development is sited,
designed, constructed and managed to avoid adverse impacts on native
biodiversity or, if an adverse impact cannot be avoided—
(i)
the development minimises disturbance and adverse
impacts to remnant vegetation communities, threatened species populations and
their habitats, and
(ii)
measures have been considered to maintain native
vegetation and habitat parcels of a size, condition and configuration that
will facilitate biodiversity protection and native flora and fauna movement
through biodiversity corridors, and
(iii)
the development includes measures to offset the
loss of biodiversity values.
cl 7.20: Ins 2017
(500), Sch 1 [3].
7.21Use of certain land at Glenfield Waste
Site
(1)
This clause applies to land identified as
“Glenfield Waste Site” on the Clause Application
Map.
(2)
The objectives of this clause are as
follows—
(a)
to establish specific planning controls for the
orderly development of the land,
(b)
to limit the gross floor area of retail premises
on the land until the land is serviced by adequate access
roads,
(c)
to ensure satisfactory amenity at the interface
of the land with adjoining residential neighbourhoods,
(d)
to ensure that development of the land is
appropriately serviced and that adequate access is
provided,
(e)
to ensure that any hazards arising from
development on the land are satisfactorily
addressed.
(3)
Development consent must not be granted for
development on land to which this clause applies unless—
(a)
the consent authority is satisfied that the
proposed development is of a minor nature, or
(b)
a development control plan that provides for the
matters specified in subclause (4) has been prepared for the
land.
(4)
The development control plan is to provide for
the following—
(a)
the proposed subdivision pattern, including the
layout of internal roads, entries to the land, the treatment of road
intersections and any restrictions on vehicle access and vehicle
movement,
(b)
pedestrian connectivity between the areas of
Glenfield Waste Site that are bisected by Cambridge
Avenue,
(c)
detailed urban design controls for development
sites.
(5)
Subclause (3) does not apply to any of the
following development—
(a)
a subdivision for the purpose of a realignment of
boundaries that does not create additional lots,
(b)
a subdivision for the purpose only of public open
space, public roads or any other public or environmental protection
purpose.
(6)
Development consent must not be granted for the
carrying out of development on land to which this clause applies unless the
consent authority is satisfied that—
(a)
the total gross floor area of retail premises on
the land will not exceed 100 square metres, unless any additional traffic
likely to be generated as a result of the total gross floor area exceeding 100
square metres will not adversely affect the efficiency and safety of Cambridge
Avenue, and
(b)
the proposed development will not adversely
affect the local road network, and
(c)
a detailed flood assessment report and a plan for
the management of stormwater have been prepared in respect of the impact of
the proposed development, and
(d)
the proposed development facilitates public
access by pedestrians and vehicles to existing culverts under the East Hills
Railway line, and
(e)
any car park on land in Zone RE2 Private
Recreation—
(i)
will be located so as to minimise the impact of
noise on, and light spill onto, adjoining land that is used for residential
purposes, and
(ii)
will not be designed and constructed for use by
heavy vehicles (within the meaning of the Road
Rules 2014).
cl 7.21: Ins 2018
(266), Sch 1 [2].
7.22Floor area in Zone B7 within Maryfields Urban Release
Area
(1)
The objectives of this clause are as
follows—
(a)
to ensure retail uses do not adversely impact on
the economy of the Campbelltown–Macarthur major centre,
and
(b)
to limit retail premises to mostly service the
needs of the immediate area.
(2)
This clause applies to land in Zone B7 Business
Park and identified as “Maryfields Urban Release Area” on the
Urban Release
Area Map.
(3)
The retail floor area of any retail premises on
land to which this clause applies must not exceed 100 square
metres.
cl 7.22: Ins 2018
(390), Sch 1 [4].
7.23Industrial or certain retail development at
Glenlee
(1)
This clause applies to land in Zone IN1 General
Industrial in the urban release area shown as “Glenlee” on the
Urban Release
Area Map.
(2)
Development consent must not be granted to
development on land to which this clause applies if the development will
result in more than 65,000 square metres of gross floor area on the land being
used for the purposes of industry.
(3)
Development consent must not be granted to
development on land to which this clause applies that will result in any of
the following land uses having a gross floor area of more than 500 square
metres on any particular site—
(a)
garden centres,
(b)
hardware and building
supplies,
(c)
landscaping material
supplies,
(d)
rural supplies,
(e)
take away food and drink
premises.
(4)
In this clause, industry includes warehouse
or distribution centres.
cll 7.23, 7.24: Ins
2020 (219), Sch 1.
7.24Use of certain land at Glenlee
(1)
This clause applies to land identified as
“Area 1” on the Clause Application
Map.
(2)
The objectives of this clause are as
follows—
(a)
to ensure that development will not compromise
future development of the land,
(b)
to promote the orderly development of the
land.
(3)
Before granting development consent to
development on land to which this clause applies, the consent authority must
consult with Transport for NSW in regards to the potential effects of the
development on existing and proposed future road infrastructure in the
locality.
(4)
A requirement in this clause to consult with
Transport for NSW in respect of a development is a requirement as
follows—
(a)
to give written notice of the development to
Transport for NSW within 7 days of receiving a development
application,
(b)
to take into account any comments received from
Transport for NSW within 28 days after the notice has been
given.
(5)
In this clause—
Transport for NSW
has the same meaning as in the Transport Administration
Act 1988.
cll 7.23, 7.24: Ins
2020 (219), Sch 1.