Part 1Preliminary
Direction—
In this standard instrument, provisions are
identified as “compulsory” (including in certain cases only) or
“optional” by those words being placed in brackets in connection
with the clause or other discrete provision or provisions concerned. If an
optional provision is adopted, it is to be adopted in the form (and in
accordance with the directions) set out in this instrument. If an optional
provision is not adopted, the number or other identifier of the provision is
to be set out in the Plan with the words “Not adopted” or words to
the same effect. If a compulsory provision is not applicable (because of the
circumstances referred to in the heading to the provision), the number or
other identifier of the provision is to be set out in the Plan with the words
“Not applicable” or words to the same effect.
Any additional provisions (not inconsistent with
the mandatory provisions) included in the Plan are generally to be included at
the end of the Part, clause, subclause etc and are to be numbered in
accordance with the usual protocol applicable to amendments made to existing
Acts and statutory instruments.
1.1Name of Plan
[compulsory]
This Plan is [Name of local government area or
other relevant name] Local Environmental Plan
[Year].
cl 1.1 (previously cl
1): Renumbered 2007 (600), Sch 2 [182].
1.1AACommencement
[compulsory]
This Plan commences on the day on which it is
published on the NSW legislation website.
Direction—
If required another date may be specified for
commencement.
cl 1.1AA: Ins 2010
(161), Sch 2 [1].
1.2Aims of Plan
[compulsory]
(1)
This Plan aims to make local environmental
planning provisions for land in [Name of local government area or other
relevant name] in accordance with the relevant standard environmental
planning instrument under section 3.20 of the Act.
(2)
The particular aims of this Plan are as
follows—
(aa)
to protect and promote the use and development of
land for arts and cultural activity, including music and other performance
arts,
(a)
[set out particular aims of the
Plan]
cl 1.2 (previously cl
2): Renumbered 2007 (600), Sch 2 [182]. Am 2019 (620), Sch 2[1]; 2020 No
40, Sch 4.6.
1.3Land to which Plan applies
[compulsory]
This Plan applies to the land identified on the
Land Application Map.
Direction—
The Land Application Map may be a separate map or
be constituted by the outer boundary of the Land Zoning Map (by an annotation
on that Map).
The Plan should wherever practicable apply to the
whole of the local government area.
cl 1.3 (previously cl
3): Am 2007 (600), Sch 1 [2]. Renumbered 2007 (600), Sch 2
[182].
1.4Definitions
[compulsory]
The Dictionary at the end of this Plan defines
words and expressions for the purposes of this Plan.
cll 1.4–1.6
(previously cll 4–6): Renumbered 2007 (600), Sch 2
[182].
1.5Notes
[compulsory]
Notes in this Plan are provided for guidance and
do not form part of this Plan.
cll 1.4–1.6
(previously cll 4–6): Renumbered 2007 (600), Sch 2
[182].
1.6Consent authority
[compulsory]
The consent authority for the purposes of this
Plan is (subject to the Act) the Council.
Direction—
If required another person or body may be
specified as the consent authority for all or any particular kind of
development.
cll 1.4–1.6
(previously cll 4–6): Renumbered 2007 (600), Sch 2
[182].
1.7Maps
[compulsory]
(1)
A reference in this Plan to a named map adopted
by this Plan is a reference to a map by that name—
(a)
approved by the local plan-making authority when
the map is adopted, and
(b)
as amended or replaced from time to time by maps
declared by environmental planning instruments to amend or replace that map,
and approved by the local plan-making authority when the instruments are
made.
(1AA)
(2)
Any 2 or more named maps may be combined into a
single map. In that case, a reference in this Plan to any such named map is a
reference to the relevant part or aspect of the single
map.
(3)
Any such maps are to be kept and made available
for public access in accordance with arrangements approved by the
Minister.
(4)
For the purposes of this Plan, a map may be in,
and may be kept and made available in, electronic or paper form, or
both.
Direction—
In order to effect a future rezoning of land
subject to the Plan (or other change to a provision having effect by virtue of
an adopted map), the amending local environmental plan (or other planning
instrument) would not directly amend the Plan but merely declare that the
relevant adopted map is amended by a named amending map.
Note—
The maps adopted by this Plan are to be made
available on the official NSW legislation website in connection with this
Plan. Requirements relating to the maps are set out in the documents entitled
Standard technical requirements
for LEP maps and Standard requirements for LEP GIS data
which are available on the website of the Department of Planning and
Environment.
cl 1.7 (previously cl
7): Am 2007 (600), Sch 2 [3]–[7]. Renumbered 2007 (600), Sch 2
[182]. Am 2010 (161), Sch 2 [2]; 2011 (362), Sch 1 [1]; 2014 No 33, Sch 2.36
[1]; 2016 (43), cl 3; 2018 (717), cl 3 (1) (2).
1.8Repeal of planning instruments
applying to land [compulsory]
(1)
All local environmental plans and deemed
environmental planning instruments applying only to the land to which this
Plan applies are repealed.
Note. [compulsory if any local
environmental plan is wholly repealed]
The following local environmental plans are
repealed under this provision—
(2)
All local environmental plans and deemed
environmental planning instruments applying to the land to which this Plan
applies and to other land cease to apply to the land to which this Plan
applies.
Direction—
Provision may also be included to repeal or amend
specific instruments to reflect the operation of this
clause.
cl 1.8 (previously cl
8): Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [3]; 2011
(102), Sch 2 [1].
1.9Application of SEPPs
[compulsory]
(1)
This Plan is subject to the provisions of any
State environmental planning policy that prevails over this Plan as provided
by section 3.28 of the Act.
(2)
The following State environmental planning
policies (or provisions) do not apply to the land to which this Plan
applies—
State Environmental Planning
Policy No 1—Development
Standards
Direction—
Additional instruments (or provisions of
instruments) may be added if the relevant instrument or provision is covered
by this Plan.
cl 1.9 (previously cl
9): Am 2007 (600), Sch 2 [8]. Renumbered 2007 (600), Sch 2 [182]. Am 2008
No 114, Sch 2.28 [1]; 2010 (161), Sch 2 [4]–[7]; 2014 No 33, Sch 2.36
[2]; 2014 (513), cl 3; 2019 (620), Sch 2[2].
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
Note: Ins 2010 (161),
Sch 2 [11]. Am 2011 (362), Sch 1 [5]; 2019 (133), Sch 1 [1].
Directions: Am 2007
(600), Sch 2 [10]; 2010 (161), Sch 2 [12]; 2011 (102), Sch 2 [7]; 2011 No 62,
Sch 2.31; 2013 No 111, Sch 3.27 [1]; 2017 (492), Sch 1 [1] [2]; 2018 (477),
Sch 1 [1]; 2019 (620), Sch 2[4]–[7].
Direction
1—
Additional objectives may be included in a zone
at the end of the listed objectives to reflect particular local objectives of
development, but only if they are consistent with the core objectives for
development in the zone as set out in the Land Use
Table.
Direction
2—
Specified uses may be added to (but not removed
from) the list of development that is permitted or prohibited in a zone.
Additional uses may be added to an item of a zone even if some uses are
already specified in that item. Additional permitted uses for particular land
(but not all land in a particular zone) may be set out in Schedule
1.
Direction
3—
Items 2, 3 and 4 of each zone require a relevant
entry to be inserted. The following may be entered—
(a)
particular uses in alphabetical
order,
(b)
the word “Nil”,
(c)
the words “Any development not specified in
item [specify item number or numbers]”,
(d)
particular uses in alphabetical order followed by
the words “Any other development not specified in item [specify item
number or numbers]”,
so long as all residual (ie non-specified) uses are
covered.
Direction
4—
Respite day care centres must be permitted
wherever a centre-based child care facility is permitted in the Land Use
Table.
Direction
5—
Only the following types of development may be
included in the Land Use Table—
Advertising structures; Agricultural produce
industries; Agriculture; Air transport facilities; Airports; Airstrips;
Amusement centres; Animal boarding or training establishments; Aquaculture;
Artisan food and drink industries; Attached dwellings
Backpackers’ accommodation; Bed and
breakfast accommodation; Bee keeping; Biosolids treatment facilities; Boarding
houses; Boat building and repair facilities; Boat launching ramps; Boat sheds;
Building identification signs; Business identification signs; Business
premises
Camping grounds; Car parks; Caravan parks; Cellar
door premises; Cemeteries; Centre-based child care facilities; Charter and
tourism boating facilities; Commercial premises; Community facilities;
Correctional centres; Crematoria
Dairies (pasture-based); Dairies (restricted);
Depots; Dual occupancies; Dual occupancies (attached); Dual occupancies
(detached); Dwelling houses
Early education and care facilities; Eco-tourist
facilities; Educational establishments; Electricity generating works;
Emergency services facilities; Entertainment facilities; Environmental
facilities; Environmental protection works; Exhibition homes; Exhibition
villages; Extensive agriculture; Extractive industries
Farm buildings; Farm stay accommodation;
Feedlots; Flood mitigation works; Food and drink premises; Forestry; Freight
transport facilities; Function centres; Funeral homes
Garden centres; General industries; Group homes;
Group homes (permanent) or permanent group homes; Group homes (transitional)
or transitional group homes
Hardware and building supplies; Hazardous
industries; Hazardous storage establishments; Health consulting rooms; Health
services facilities; Heavy industrial storage establishments; Heavy
industries; Helipads; Heliports; High technology industries; Highway service
centres; Home-based child care; Home businesses; Home industries; Home
occupations; Home occupations (sex services); Horticulture; Hospitals;
Hostels; Hotel or motel accommodation
Industrial retail outlets; Industrial training
facilities; Industries; Information and education facilities; Intensive
livestock agriculture; Intensive plant agriculture
Jetties
Kiosks
Landscaping material supplies; Light industries;
Liquid fuel depots; Livestock processing industries; Local distribution
premises
Marinas; Markets; Medical centres; Mooring pens;
Moorings; Mortuaries; Multi dwelling housing
Neighbourhood shops; Neighbourhood
supermarkets
Offensive industries; Offensive storage
establishments; Office premises; Open cut mining; Oyster
aquaculture
Passenger transport facilities; Pig farms; Places
of public worship; Plant nurseries; Pond-based aquaculture; Port facilities;
Poultry farms; Public administration buildings; Pubs
Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Research stations; Residential accommodation; Residential care
facilities; Residential flat buildings; Resource recovery facilities; Respite
day care centres; Restaurants or cafes; Restricted premises; Retail premises;
Roads; Roadside stalls; Rural industries; Rural supplies; Rural workers’
dwellings
Sawmill or log processing works; School-based
child care; Schools; Secondary dwellings; Self-storage units; Semi-detached
dwellings; Seniors housing; Service stations; Serviced apartments; Sewage
reticulation systems; Sewage treatment plants; Sewerage systems; Sex services
premises; Shops; Shop top housing; Signage; Small bars; Specialised retail
premises; Stock and sale yards; Storage premises
Take away food and drink premises; Tank-based
aquaculture; Timber yards; Tourist and visitor accommodation; Transport
depots; Truck depots; Turf farming
Vehicle body repair workshops; Vehicle repair
stations; Vehicle sales or hire premises; Veterinary hospitals;
Viticulture
Warehouse or distribution centres; Waste disposal
facilities; Waste or resource management facilities; Waste or resource
transfer stations; Water recreation structures; Water recycling facilities;
Water reticulation systems; Water storage facilities; Water supply systems;
Water treatment facilities; Wharf or boating facilities; Wholesale
supplies
Direction
6—
A direction in this Land Use Table that requires
a land use to be included as either “Permitted without consent” or
“Permitted with consent” in a particular zone is taken to be a
direction that the land use be included as “Permitted with
consent” but only—
(a)
for the purposes of the automatic adoption of
amendments to the mandatory provisions of this standard instrument by a local
environmental plan that has adopted those mandatory provisions (a standard
plan), and
(b)
if the direction commences after the commencement
of the standard plan.
Zone RU1Primary
Production
Zone RU1: Am 2007
(600), Sch 2 [11] [12]; 2011 (102), Sch 2 [8] [9]; 2011 (362), Sch 1 [6]; 2019
(133), Sch 1 [2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental protection
works
Farm buildings
Intensive livestock
agriculture
Intensive plant agriculture
Roads
Roadside stalls
1Objectives of
zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To encourage diversity in primary industry
enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of
resource lands.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without
consent
Extensive agriculture; Home
occupations
3Permitted with
consent
Aquaculture; Dwelling houses; Extractive
industries; Open cut mining
4Prohibited
Zone RU2Rural
Landscape
Zone RU2: Am 2007
(600), Sch 2 [11] [13]; 2019 (133), Sch 1 [2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental protection
works
Farm buildings
Roads
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.
2Permitted without
consent
Extensive agriculture; Home
occupations
3Permitted with
consent
Aquaculture; Dwelling
houses
4Prohibited
Zone RU3Forestry
Zone RU3: Am 2012 No
96, Sch 4.41 [1]; 2018 No 40, Sch 3.12 [1]; 2019 (133), Sch 1
[3].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To enable development for forestry
purposes.
•
To enable other development that is compatible
with forestry land uses.
2Permitted without
consent
Uses authorised under the Forestry Act 2012 or under Part 5B
(Private native forestry) of the Local Land
Services Act 2013
3Permitted with
consent
Aquaculture
4Prohibited
Zone RU4Primary Production Small
Lots
Zone RU4: Am 2007
(600), Sch 2 [14]–[16]. Subst 2011 (102), Sch 2 [10]. Am 2019 (133), Sch
1 [2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Extensive agriculture
Farm buildings
Intensive plant agriculture
Roads
Roadside stalls
1Objectives of
zone
•
To enable sustainable primary industry and other
compatible land uses.
•
To encourage and promote diversity and employment
opportunities in relation to primary industry enterprises, particularly those
that require smaller lots or that are more intensive in
nature.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without
consent
Home occupations
3Permitted with
consent
Aquaculture; Dwelling houses; Plant
nurseries
4Prohibited
Zone RU5Village
Zone RU5: Am 2007
(600), Sch 2 [15]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133),
Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural
village.
2Permitted without
consent
Home occupations
3Permitted with
consent
Centre-based child care facilities; Community
facilities; Dwelling houses; Neighbourhood shops; Oyster aquaculture; Places
of public worship; Recreation areas; Recreation facilities (indoor);
Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based
aquaculture
4Prohibited
Pond-based aquaculture
Zone RU6Transition
Zone RU6: Am 2007
(600), Sch 2 [16]; 2011 (102), Sch 2 [12]; 2019 (133), Sch 1 [4]
[5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Dwelling houses; Oyster aquaculture; Tank-based
aquaculture
4Prohibited
Pond-based aquaculture
Zone R1General
Residential
Zone R1: Am 2007
(600), Sch 2 [15] [17]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019
(133), Sch 1 [6].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To provide for the housing needs of the
community.
•
To provide for a variety of housing types and
densities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without
consent
Home occupations
3Permitted with
consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Dwelling houses; Group homes;
Hostels; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Pond-based aquaculture; Residential flat buildings;
Respite day care centres; Semi-detached dwellings; Seniors housing; Shop top
housing; Tank-based aquaculture
4Prohibited
Zone R2Low Density
Residential
Zone R2: Am 2007
(600), Sch 2 [15]; 2009 (362), cl 3 (1); 2017 (492), Sch 1 [4]; 2019 (133),
Sch 1 [7].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
Home occupations
3Permitted with
consent
Boarding houses; Centre-based child care
facilities; Dwelling houses; Group homes; Oyster aquaculture; Pond-based
aquaculture; Respite day care centres; Tank-based
aquaculture
4Prohibited
Zone R3Medium Density
Residential
Zone R3: Am 2007
(600), Sch 2 [18]; 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133),
Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Group homes; Multi dwelling
housing; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Respite day care centres; Seniors housing; Tank-based
aquaculture
4Prohibited
Pond-based aquaculture
Zone R4High Density
Residential
Zone R4: Am 2009
(362), cl 3 (2); 2011 (102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133),
Sch 1 [9] [10].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Boarding houses; Centre-based child care
facilities; Community facilities; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Residential flat buildings; Respite day care
centres; Shop top housing
4Prohibited
Pond-based aquaculture; Tank-based
aquaculture
Zone R5Large Lot
Residential
Zone R5: Am 2007
(600), Sch 2 [15] [16] [19]; 2011 (102), Sch 2 [9] [13]; 2019 (133), Sch 1
[8].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
Home occupations
3Permitted with
consent
Dwelling houses; Oyster aquaculture; Pond-based
aquaculture; Tank-based aquaculture
4Prohibited
Zone B1Neighbourhood
Centre
Zone B1: Am 2007
(600), Sch 2 [20]–[22]; 2009 (362), cl 3 (3); 2011 (102), Sch 2 [14];
2017 (492), Sch 1 [3]; 2018 (477), Sch 1 [2]; 2019 (133), Sch 1 [4]
[5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Boarding houses; Business premises; Centre-based
child care facilities; Community facilities; Medical centres; Neighbourhood
shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care
centres; Shop top housing; Tank-based aquaculture
4Prohibited
Pond-based aquaculture
Zone B2Local
Centre
Zone B2: Am 2007
(600), Sch 2 [21] [22]; 2009 (362), cl 3 (3); 2011 (102), Sch 2 [15]; 2017
(492), Sch 1 [3]; 2019 (133), Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Respite day care
centres; Restricted premises; Service stations; Shop top housing; Tank-based
aquaculture; Tourist and visitor accommodation
4Prohibited
Pond-based aquaculture
Zone B3Commercial
Core
Zone B3: Am 2007
(600), Sch 2 [21]–[23]; 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3];
2019 (133), Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Hotel or motel accommodation; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Respite day care
centres; Restricted premises; Tank-based aquaculture
4Prohibited
Pond-based aquaculture
Zone B4Mixed
Use
Zone B4: Am 2007
(600) Sch 2 [24]; 2011 (102), Sch 2 [15]; 2017 (492), Sch 1 [3]; 2019 (133),
Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Hotel or motel
accommodation; Information and education facilities; Medical centres; Oyster
aquaculture; Passenger transport facilities; Recreation facilities (indoor);
Registered clubs; Respite day care centres; Restricted premises; Seniors
housing; Shop top housing; Tank-based aquaculture
4Prohibited
Pond-based aquaculture
Zone B5Business
Development
Zone B5: Am 2007
(600), Sch 2 [25] [26]; 2011 (102), Sch 2 [16] [17]; 2017 (492), Sch 1 [3];
2018 (477), Sch 1 [3] [4]; 2019 (133), Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Centre-based child care facilities; Garden
centres; Hardware and building supplies; Landscaping material supplies; Oyster
aquaculture; Passenger transport facilities; Respite day care centres;
Specialised retail premises; Tank-based aquaculture; Warehouse or distribution
centres
4Prohibited
Pond-based aquaculture
Zone B6Enterprise
Corridor
Zone B6: Am 2007
(600), Sch 2 [27]–[29]; 2011 (102), Sch 2 [18]–[20]; 2011 (362),
Sch 1 [7]; 2019 (133), Sch 1 [4] [5].
Direction
1—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
Direction
2—
The following objective must be included if any
type of residential accommodation is permitted in this zone—
•
To provide for residential uses, but only as part
of a mixed use development.
1Objectives of
zone
•
To promote businesses along main roads and to
encourage a mix of compatible uses.
•
To provide a range of employment uses (including
business, office, retail and light industrial uses).
•
To maintain the economic strength of centres by
limiting retailing activity.
2Permitted without
consent
3Permitted with
consent
Business premises; Community facilities; Garden
centres; Hardware and building supplies; Hotel or motel accommodation;
Landscaping material supplies; Light industries; Oyster aquaculture; Passenger
transport facilities; Plant nurseries; Tank-based aquaculture; Warehouse or
distribution centres
4Prohibited
Pond-based aquaculture
Zone B7Business
Park
Zone B7: Am 2011
(102), Sch 2 [11]; 2017 (492), Sch 1 [3]; 2019 (133), Sch 1 [4]
[5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Centre-based child care facilities; Garden
centres; Hardware and building supplies; Light industries; Neighbourhood
shops; Office premises; Oyster aquaculture; Passenger transport facilities;
Respite day care centres; Tank-based aquaculture; Warehouse or distribution
centres
4Prohibited
Pond-based aquaculture
Zone B8Metropolitan
Centre
Zone B8: Ins 2011
(82), Sch 1 [2]. Am 2011 (362), Sch 1 [8]; 2017 (492), Sch 1 [3]; 2019 (133),
Sch 1 [4] [5].
Direction
1—
This zone may only be used in the following local
government areas—
City of Sydney
North Sydney
Direction
2—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To recognise and provide for the pre-eminent role
of business, office, retail, entertainment and tourist premises in
Australia’s participation in the global economy.
•
To provide opportunities for an intensity of land
uses commensurate with Sydney’s global status.
•
To permit a diversity of compatible land uses
characteristic of Sydney’s global status and that serve the workforce,
visitors and wider community.
2Permitted without
consent
3Permitted with
consent
Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Information and education facilities; Oyster
aquaculture; Passenger transport facilities; Recreation facilities (indoor);
Registered clubs; Respite day care centres; Restricted premises; Tank-based
aquaculture; Tourist and visitor accommodation
4Prohibited
Pond-based aquaculture
Zone IN1General
Industrial
Zone IN1: Am 2011
(102), Sch 2 [21]–[23]; 2019 (133), Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Depots; Freight transport facilities; Garden
centres; General industries; Hardware and building supplies; Industrial
training facilities; Light industries; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Tank-based aquaculture; Warehouse or
distribution centres
4Prohibited
Pond-based aquaculture
Zone IN2Light
Industrial
Zone IN2: Am 2007
(600), Sch 2 [30]; 2011 (102), Sch 2 [21] [22]; 2019 (133), Sch 1 [4]
[5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
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.
2Permitted without
consent
3Permitted with
consent
Depots; Garden centres; Hardware and building
supplies; Industrial training facilities; Light industries; Neighbourhood
shops; Oyster aquaculture; Places of public worship; Tank-based aquaculture;
Warehouse or distribution centres
4Prohibited
Pond-based aquaculture
Zone IN3Heavy
Industrial
Zone IN3: Am 2011
(102), Sch 2 [21] [23] [24]; 2019 (133), Sch 1 [4] [5].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To provide suitable areas for those industries
that need to be separated from other land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of heavy industry
on other land uses.
•
To support and protect industrial land for
industrial uses.
2Permitted without
consent
3Permitted with
consent
Depots; Freight transport facilities; General
industries; Hazardous storage establishments; Heavy industries; Offensive
storage establishments; Oyster aquaculture; Tank-based aquaculture; Warehouse
or distribution centres
4Prohibited
Pond-based aquaculture
Zone IN4Working
Waterfront
Zone IN4: Am 2011
(102), Sch 2 [25]; 2011 (362), Sch 1 [9]; 2019 (133), Sch 1
[2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To retain and encourage waterfront industrial and
maritime activities.
•
To identify sites for maritime purposes and for
activities that require direct waterfront access.
•
To ensure that development does not have an
adverse impact on the environmental and visual qualities of the
foreshore.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of development on
land uses in other zones.
2Permitted without
consent
3Permitted with
consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Jetties; Light industries
4Prohibited
Zone SP1Special
Activities
Zone SP1: Am 2007
(600), Sch 2 [22]; 2019 (133), Sch 1 [11]; 2019 (620), Sch 2[8]
[9].
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.
2Permitted without
consent
3Permitted with
consent
Aquaculture; The purpose shown on the Land Zoning
Map, including any development that is ordinarily incidental or ancillary to
development for that purpose
4Prohibited
Zone SP2Infrastructure
Zone SP2: Am 2019
(133), Sch 1 [12].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Aquaculture
Roads
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.
2Permitted without
consent
3Permitted with
consent
The purpose shown on the Land Zoning Map,
including any development that is ordinarily incidental or ancillary to
development for that purpose
4Prohibited
Zone SP3Tourist
Zone SP3: Am 2019
(133), Sch 1 [2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Roads
1Objectives of
zone
•
To provide for a variety of tourist-oriented
development and related uses.
2Permitted without
consent
3Permitted with
consent
Aquaculture; Food and drink premises; Tourist and
visitor accommodation
4Prohibited
Zone RE1Public
Recreation
Zone RE1: Am 2007
(600), Sch 2 [31]; 2019 (133), Sch 1 [2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental facilities
Environmental protection
works
Roads
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.
2Permitted without
consent
3Permitted with
consent
Aquaculture; Kiosks; Recreation
areas
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private
Recreation
Zone RE2: Am 2019
(133), Sch 1 [2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental facilities
Environmental protection
works
Roads
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.
2Permitted without
consent
3Permitted with
consent
Aquaculture; Community facilities; Kiosks;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor)
4Prohibited
Zone E1National Parks and Nature
Reserves
Zone E1: Am 2007
(600), Sch 2 [32]–[35].
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
Zone E2: Am 2007
(600), Sch 2 [36]; 2008 No 62, Sch 2.52 [1]; 2011 (102), Sch 2 [26]; 2019
(133), Sch 1 [13] [14].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental protection
works
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.
2Permitted without
consent
3Permitted with
consent
Oyster aquaculture
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
Zone E3: Am 2007
(600), Sch 2 [15] [37] [38]; 2019 (133), Sch 1 [8].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental protection
works
Roads
Home industries, kiosks, cellar door premises,
neighbourhood shops and roadside stalls may (but need not) be included as
permitted with consent.
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.
2Permitted without
consent
Home occupations
3Permitted with
consent
Dwelling houses; Oyster aquaculture; Pond-based
aquaculture; Tank-based aquaculture
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
Zone E4: Am 2007
(600), Sch 2 [15] [39] [40]; 2019 (133), Sch 1 [8].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental protection
works
Roads
Home industries may (but need not) be included as
permitted with consent.
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.
2Permitted without
consent
Home occupations
3Permitted with
consent
Dwelling houses; Oyster aquaculture; Pond-based
aquaculture; Tank-based aquaculture
4Prohibited
Industries; Service stations; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Zone W1Natural
Waterways
Zone W1: Am 2007
(600), Sch 2 [41] [42]; 2010 (161), Sch 2 [13]; 2011 (102), Sch 2 [26]; 2019
(133), Sch 1 [3].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Environmental facilities
Environmental protection
works
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.
2Permitted without
consent
3Permitted with
consent
Aquaculture
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
Zone W2Recreational
Waterways
Zone W2: Am 2007
(600), Sch 2 [41] [43]–[45]; 2010 (161), Sch 2 [13]; 2019 (133), Sch 1
[2].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Boat sheds
Environmental facilities
Environmental protection
works
Water recreation
structures
1Objectives of
zone
•
To protect the ecological, scenic and recreation
values of recreational waterways.
•
To allow for water-based recreation and related
uses.
•
To provide for sustainable fishing industries and
recreational fishing.
2Permitted without
consent
3Permitted with
consent
Aquaculture; Kiosks;
Marinas
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Seniors housing; Warehouse or distribution centres; Any other
development not specified in item 2 or 3
Zone W3Working
Waterways
Zone W3: Am 2007
(600), Sch 2 [45]–[48]; 2011 (102), Sch 2 [25] [27]; 2019 (133), Sch 1
[2].
pt 3, direction: Rep
2007 (600), Sch 2 [49].
Direction—
The following must be included as either
“Permitted without consent” or “Permitted with
consent” for this zone—
Boat sheds
Environmental facilities
Environmental protection
works
Water recreation
structures
1Objectives of
zone
•
To enable the efficient movement and operation of
commercial shipping, water-based transport and maritime
industries.
•
To promote the equitable use of waterways,
including appropriate recreational uses.
•
To minimise impacts on ecological values arising
from the active use of waterways.
•
To provide for sustainable fishing
industries.
2Permitted without
consent
3Permitted with
consent
Aquaculture; Boat building and repair facilities;
Port facilities; Wharf or boating facilities
4Prohibited
Any development not specified in item 2 or
3
Part 4Principal development
standards
4.1Minimum subdivision lot size
[optional]
(1)
The objectives of this clause are as
follows—
(a)
[set out objectives of the
clause]
(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.
Direction—
An exception to the minimum size shown on the Lot
Size Map may be provided in certain circumstances, for example, in the case of
land that is to be used for attached dwellings.
(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.
cl 4.1 (previously cl
19): Subst 2007 (600), Sch 2 [56]. Renumbered 2007 (600), Sch 2 [182]. Am
2018 (154), cl 3 (1).
4.1AAMinimum subdivision lot size
for community title schemes [optional if clause 4.1 is
adopted]
(1)
The objectives of this clause are as
follows—
(a)
[set out objectives of the
clause]
(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)
[list relevant
zones],
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.
Direction—
An exception to the minimum size shown on the Lot
Size Map may be provided in certain circumstances, for example, in the case of
land that is to be used for attached dwellings.
cl 4.1AA: Ins 2011
(102), Sch 2 [30]. Am 2011 (362), Sch 1 [10]; 2018 (154), cl 3 (2)
(3).
4.2Rural subdivision [compulsory
if clause 4.1 adopted and land to which Plan applies includes land zoned RU1,
RU2, RU3, RU4 or RU6]
(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.
(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).
cl 4.2 (previously cl
20): Renumbered 2007 (600), Sch 2 [182]. Am 2007 (600), Sch 2 [182]; 2011
(102), Sch 2 [3] [31]; 2019 (133), Sch 1 [15].
4.3Height of buildings
[optional]
(1)
The objectives of this clause are as
follows—
(a)
[set out objectives of the
clause]
(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.
Direction—
Different heights may be shown on the map for
different zones or for different land in the same zone. This Plan may also
provide for specified height restrictions to be varied or modified in certain
circumstances, for example, to prevent overshadowing of public open space, for
air safety reasons or for the purposes of promoting design
excellence.
cl 4.3 (previously cl
21): Subst 2007 (600), Sch 2 [57]. Renumbered 2007 (600), Sch 2
[182].
4.4Floor space ratio
[optional]
(1)
The objectives of this clause are as
follows—
(a)
[set out objectives of the
clause]
(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.
Direction—
Different floor space ratios may be shown on the
FSR map for different zones, for different land in the same zone or for
different land uses within a building. This Plan may provide that, despite
subclause (2), the maximum floor space ratio for a building is to be
determined partly by the FSR map and partly by other means, or wholly by other
means.
cl 4.4 (previously cl
22): Subst 2007 (600), Sch 2 [58]. Renumbered 2007 (600), Sch 2
[182].
4.5Calculation of floor space
ratio and site area [optional]
(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.
cl 4.5 (previously cl
23): Am 2007 (600), Sch 2 [59]. Renumbered 2007 (600), Sch 2 [182]. Am
2011 (102), Sch 2 [32].
4.6Exceptions to development
standards [compulsory]
(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.
(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,
(c)
clause 5.4.
Direction—
Additional exclusions may be
added.
cl 4.6 (previously cl
24): Am 2007 (600), Sch 2 [60] [61]. Renumbered 2007 (600), Sch 2 [182].
Am 2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [20]; 2011 (102), Sch 2 [3] [31]
[33]–[35]; 2015 No 15, Sch 3.54 [2]; 2019 (620), Sch
2[12].
Part 5Miscellaneous
provisions
5.1Relevant acquisition authority
[compulsory]
(1)
The objective of this clause is to identify, for
the purposes of section 3.15 of the Act, the authority of the State that will
be the relevant authority to acquire land reserved for certain public purposes
if the land is required to be acquired under Division 3 of Part 2 of the
Land Acquisition (Just Terms Compensation) Act
1991 (the
owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there
is any delay in the land being acquired by the relevant authority, section 23
of the Land Acquisition (Just Terms
Compensation) Act 1991 requires the authority to acquire
the land.
(2)
The authority of the State that will be the
relevant authority to acquire land, if the land is required to be acquired
under the owner-initiated acquisition provisions, is the authority of the
State specified below in relation to the land shown on the Land Reservation Acquisition
Map (or, if an authority of the State is not specified in
relation to land required to be so acquired, the authority designated or
determined under those provisions).
Type of
land shown on Map
Authority
of the State
Zone RE1
Public Recreation and marked “Local open space”
Council
Zone RE1
Public Recreation and marked “Regional open space”
The
corporation constituted under section 2.5 of the Act
Zone SP2
Infrastructure and marked “Classified road”
Transport
for NSW
Zone E1
National Parks and Nature Reserves and marked “National
Park”
Minister
administering the National Parks and Wildlife Act
1974
Direction—
Land is required to be shown on the Land
Reservation Acquisition Map if it is expressly set apart by the Plan
exclusively for a public purpose referred to in section 3.14(1)(c) of the Act.
However, any such land that is held by an authority of the State, or by a
public company or a subsidiary of a public company (within the meaning of the
Corporations Act 2001 of the
Commonwealth) is not required to be shown on that Map. An authority of the
State is to be listed for all land shown on the Land Reservation Acquisition
Map, but the land is not to be so reserved and the authority listed unless the
authority consents to its being listed.
(3)
Development on land acquired by an authority of
the State under the owner-initiated acquisition provisions may, before it is
used for the purpose for which it is reserved, be carried out, with
development consent, for any purpose.
cl 5.1 (previously cl
25): Am 2007 (600), Sch 2 [62]. Renumbered 2007 (600), Sch 2 [182]. Am
2011 No 41, Sch 5.52; 2019 (620), Sch 2[13]–[15]; 2020 No 30, Sch
4.92.
5.2Classification and
reclassification of public land [compulsory]
(1)
The objective of this clause is to enable the
Council to classify or reclassify public land as “operational
land” or “community land” in accordance with Part 2 of
Chapter 6 of the Local Government Act
1993.
Note—
Under the Local Government
Act 1993, “public land” is generally land
vested in or under the control of a council (other than roads and certain
Crown land). The classification or reclassification of public land may also be
made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of
that Act enables this Plan to discharge trusts on which public reserves are
held if the land is reclassified under this Plan as operational
land.
(2)
The public land described in Part 1 or Part 2 of
Schedule 4 is classified, or reclassified, as operational land for the
purposes of the Local Government Act
1993.
(3)
The public land described in Part 3 of Schedule 4
is classified, or reclassified, as community land for the purposes of the
Local Government Act
1993.
(4)
The public land described in Part 1 of Schedule
4—
(a)
does not cease to be a public reserve to the
extent (if any) that it is a public reserve, and
(b)
continues to be affected by any trusts, estates,
interests, dedications, conditions, restrictions or covenants that affected
the land before its classification, or reclassification, as operational
land.
(5)
The public land described in Part 2 of Schedule
4, to the extent (if any) that it is a public reserve, ceases to be a public
reserve when the description of the land is inserted into that Part and is
discharged from all trusts, estates, interests, dedications, conditions,
restrictions and covenants affecting the land or any part of the land,
except—
(a)
those (if any) specified for the land in Column 3
of Part 2 of Schedule 4, and
(b)
any reservations that except land out of the
Crown grant relating to the land, and
(c)
reservations of minerals (within the meaning of
the Crown Land Management Act
2016).
Note—
In accordance with section 30(2) of the Local Government Act 1993, the approval
of the Governor to subclause (5) applying to the public land concerned is
required before the description of the land is inserted in Part 2 of Schedule
4.
cl 5.2 (previously cl
27): Am 2007 (600), Sch 2 [64]–[67]. Renumbered 2007 (600), Sch 2
[182]. Am 2019 (620), Sch 2[11] [16].
5.3Development near zone
boundaries [optional]
(1)
The objective of this clause is to provide
flexibility where the investigation of a site and its surroundings reveals
that a use allowed on the other side of a zone boundary would enable a more
logical and appropriate development of the site and be compatible with the
planning objectives and land uses for the adjoining
zone.
(2)
This clause applies to so much of any land that
is within the relevant distance of a boundary between any 2 zones. The
relevant distance is [insert distance for any 2 zones or different
distances for different zones].
(3)
This clause does not apply to—
(a)
land in Zone RE1 Public Recreation, Zone E1
National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone
E3 Environmental Management or Zone W1 Natural Waterways,
or
(b)
land within the coastal zone,
or
(c)
land proposed to be developed for the purpose of
sex services or restricted premises.
Direction—
Additional zones may be included by adding them
in a separate paragraph numbered (aa).
(4)
Despite the provisions of this Plan relating to
the purposes for which development may be carried out, development consent may
be granted to development of land to which this clause applies for any purpose
that may be carried out in the adjoining zone, but only if the consent
authority is satisfied that—
(a)
the development is not inconsistent with the
objectives for development in both zones, and
(b)
the carrying out of the development is desirable
due to compatible land use planning, infrastructure capacity and other
planning principles relating to the efficient and timely development of
land.
(5)
This clause does not prescribe a development
standard that may be varied under this Plan.
cl 5.3 (previously cl
28): Renumbered 2007 (600), Sch 2 [182]. Am 2010 (161), Sch 2 [21] [22];
2011 (102), Sch 2 [36] [37]; 2013 No 111, Sch 3.27 [2].
5.4Controls relating to
miscellaneous permissible uses [compulsory]
(1)Bed and breakfast
accommodation
If development for the purposes of bed and
breakfast accommodation is permitted under this Plan, the accommodation that
is provided to guests must consist of no more than [insert number not less
than 3] bedrooms.
Note—
Any such development that provides for a certain
number of guests or rooms may involve a change in the class of building under
the Building Code of
Australia.
(2)Home
businesses
If development for the purposes of a home
business is permitted under this Plan, the carrying on of the business must
not involve the use of more than [insert number not less than 30]
square metres of floor area.
(3)Home
industries
If development for the purposes of a home
industry is permitted under this Plan, the carrying on of the home industry
must not involve the use of more than [insert number not less than 30]
square metres of floor area.
(4)Industrial retail
outlets
If development for the purposes of an industrial
retail outlet is permitted under this Plan, the retail floor area must not
exceed—
(a)
[insert number not more than 67]% of the
gross floor area of the industry or rural industry located on the same land as
the retail outlet, or
(b)
[insert number not more than 400] square
metres,
whichever is the lesser.
(5)Farm stay
accommodation
If development for the purposes of farm stay
accommodation is permitted under this Plan, the accommodation that is provided
to guests must consist of no more than [insert number not less than 3]
bedrooms.
(6)Kiosks
If development for the purposes of a kiosk is
permitted under this Plan, the gross floor area must not exceed [insert
number not less than 10] square metres.
(7)Neighbourhood
shops
If development for the purposes of a
neighbourhood shop is permitted under this Plan, the retail floor area must
not exceed [insert number not less than 80 and not more than 1,000]
square metres.
(7AA)Neighbourhood
supermarkets
If development for the purposes of a
neighbourhood supermarket is permitted under this Plan, the gross floor area
must not exceed 1,000 square metres.
(8)Roadside
stalls
If development for the purposes of a roadside
stall is permitted under this Plan, the gross floor area must not exceed
[insert number not less than 8] square metres.
(9)Secondary
dwellings
If development for the purposes of a secondary
dwelling is permitted under this Plan, the total floor area of the dwelling
(excluding any area used for parking) must not exceed whichever of the
following is the greater—
(a)
60 square metres,
(b)
[insert number]% of the total floor area
of the principal dwelling.
(10)Artisan food and drink
industry exclusion
If development for the purposes of an artisan
food and drink industry is permitted under this Plan in an industrial or rural
zone, the floor area used for retail sales (not including any cafe or
restaurant area) must not exceed—
(a)
[insert number not more than 67%] of the
gross floor area of the industry, or
(b)
[insert number not more than 400] square
metres,
whichever is the lesser.
cl 5.4 (previously cl
28AA): Ins 2007 (600), Sch 2 [68]. Renumbered 2007 (600), Sch 2 [182]. Am
2008 No 62, Sch 2.52 [2]; 2009 No 56, Sch 2.60 [1]; 2011 (102), Sch 2
[38]–[40]; 2018 (404), Sch 1 [1]; 2018 (477), Sch 1 [5]
[6].
5.5
cl 5.5 (previously cl
32): Am 2007 (600), Sch 2 [72]–[77]. Renumbered 2007 (600), Sch 2
[182]. Am 2010 (161), Sch 2 [23]; 2011 (102), Sch 2 [41] [42]. Rep 2018 (105),
Sch 1 [2].
5.6Architectural roof features
[optional]
(1)
The objectives of this clause are as
follows—
(a)
[set out objectives of the
clause]
(2)
Development that includes an architectural roof
feature that exceeds, or causes a building to exceed, the height limits set by
clause 4.3 may be carried out, but only with development
consent.
(3)
Development consent must not be granted to any
such development unless the consent authority is satisfied that—
(a)
the architectural roof feature—
(i)
comprises a decorative element on the uppermost
portion of a building, and
(ii)
is not an advertising structure,
and
(iii)
does not include floor space area and is not
reasonably capable of modification to include floor space area,
and
(iv)
will cause minimal overshadowing,
and
(b)
any building identification signage or equipment
for servicing the building (such as plant, lift motor rooms, fire stairs and
the like) contained in or supported by the roof feature is fully integrated
into the design of the roof feature.
cl 5.6 (previously cl
32AA): Ins 2007 (600), Sch 2 [78]. Renumbered 2007 (600), Sch 2 [182]. Am
2007 (600), Sch 2 [182]; 2010 (161), Sch 2 [24]; 2011 (102), Sch 2
[3].
5.7Development below mean high
water mark [compulsory if land to which Plan applies contains tidal
waters]
(1)
The objective of this clause is to ensure
appropriate environmental assessment for development carried out on land
covered by tidal waters.
(2)
Development consent is required to carry out
development on any land below the mean high water mark of any body of water
subject to tidal influence (including the bed of any such
water).
cl 5.7 (previously cl
33): Renumbered 2007 (600), Sch 2 [182].
5.8Conversion of fire alarms
[compulsory]
(1)
This clause applies to a fire alarm system that
can be monitored by Fire and Rescue NSW or by a private service
provider.
(2)
The following development may be carried out, but
only with development consent—
(a)
converting a fire alarm system from connection
with the alarm monitoring system of Fire and Rescue NSW to connection with the
alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with the alarm monitoring system of another private service
provider,
(c)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with a different alarm monitoring system of the same private service
provider.
(3)
Development to which subclause (2) applies is
complying development if it consists only of—
(a)
internal alterations to a building,
or
(b)
internal alterations to a building together with
the mounting of an antenna, and any support structure, on an external wall or
roof of a building so as to occupy a space of not more than 450mm × 100mm
× 100mm.
(4)
A complying development certificate for any such
complying development is subject to a condition that any building work may
only be carried out between 7.00 am and 6.00 pm on Monday to Friday and
between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a
Sunday or a public holiday.
(5)
In this clause—
private
service provider means a person or body that has entered
into an agreement that is in force with Fire and Rescue NSW to monitor fire
alarm systems.
cl 5.8 (previously cl
33AA): Ins 2007 (600), Sch 2 [79]. Renumbered 2007 (600), Sch 2 [182]. Am
2011 (102), Sch 2 [3] [43].
5.9, 5.9AA
cl 5.9 (previously cl
34): Am 2007 (600), Sch 2 [80]. Renumbered 2007 (600), Sch 2 [182]. Am
2007 (600), Sch 2 [182]; 2011 (102), Sch 2 [44]–[50]; 2014 No 33, Sch
2.36 [5]. Rep 2017 (453), Sch 1 [4].
cl 5.9AA: Ins 2011
(102), Sch 2 [51]. Rep 2017 (453), Sch 1 [5].
5.10Heritage conservation
[compulsory]
Note—
Heritage items (if any) are listed and described
in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as
being described in Schedule 5.
Direction—
Heritage items as identified in Schedule 5 must
be shown on the Heritage
Map.
The location and nature of Aboriginal objects and
Aboriginal places of heritage significance may be described in Schedule 5 and
shown on the Heritage
Map (see the direction to Schedule
5).
(1)Objectives
The objectives of this clause are as
follows—
(a)
to conserve the environmental heritage of
[Name of local government area or other relevant
name],
(b)
to conserve the heritage significance of heritage
items and heritage conservation areas, including associated fabric, settings
and views,
(c)
to conserve archaeological
sites,
(d)
to conserve Aboriginal objects and Aboriginal
places of heritage significance.
(2)Requirement for
consent
Development consent is required for any of the
following—
(a)
demolishing or moving any of the following or
altering the exterior of any of the following (including, in the case of a
building, making changes to its detail, fabric, finish or
appearance)—
(i)
a heritage item,
(ii)
an Aboriginal object,
(iii)
a building, work, relic or tree within a heritage
conservation area,
(b)
altering a heritage item that is a building by
making structural changes to its interior or by making changes to anything
inside the item that is specified in Schedule 5 in relation to the
item,
(c)
disturbing or excavating an archaeological site
while knowing, or having reasonable cause to suspect, that the disturbance or
excavation will or is likely to result in a relic being discovered, exposed,
moved, damaged or destroyed,
(d)
disturbing or excavating an Aboriginal place of
heritage significance,
(e)
erecting a building on land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance,
(f)
subdividing land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance.
(3)When consent not
required
However, development consent under this clause is
not required if—
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development—
(i)
is of a minor nature or is for the maintenance of
the heritage item, Aboriginal object, Aboriginal place of heritage
significance or archaeological site or a building, work, relic, tree or place
within the heritage conservation area, and
(ii)
would not adversely affect the heritage
significance of the heritage item, Aboriginal object, Aboriginal place,
archaeological site or heritage conservation area,
or
(b)
the development is in a cemetery or burial ground
and the proposed development—
(i)
is the creation of a new grave or monument, or
excavation or disturbance of land for the purpose of conserving or repairing
monuments or grave markers, and
(ii)
would not cause disturbance to human remains,
relics, Aboriginal objects in the form of grave goods, or to an Aboriginal
place of heritage significance, or
(c)
the development is limited to the removal of a
tree or other vegetation that the Council is satisfied is a risk to human life
or property, or
(d)
the development is exempt
development.
(4)Effect of proposed development
on heritage significance
The consent authority must, before granting
consent under this clause in respect of a heritage item or heritage
conservation area, consider the effect of the proposed development on the
heritage significance of the item or area concerned. This subclause applies
regardless of whether a heritage management document is prepared under
subclause (5) or a heritage conservation management plan is submitted under
subclause (6).
(5)Heritage
assessment
The consent authority may, before granting
consent to any development—
(a)
on land on which a heritage item is located,
or
(b)
on land that is within a heritage conservation
area, or
(c)
on land that is within the vicinity of land
referred to in paragraph (a) or (b),
require a heritage management document to be prepared
that assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item or heritage
conservation area concerned.
(6)Heritage conservation
management plans
The consent authority may require, after
considering the heritage significance of a heritage item and the extent of
change proposed to it, the submission of a heritage conservation management
plan before granting consent under this clause.
(7)Archaeological
sites
The consent authority must, before granting
consent under this clause to the carrying out of development on an
archaeological site (other than land listed on the State Heritage Register or
to which an interim heritage order under the Heritage Act
1977 applies)—
(a)
notify the Heritage Council of its intention to
grant consent, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(8)Aboriginal places of heritage
significance
The consent authority must, before granting
consent under this clause to the carrying out of development in an Aboriginal
place of heritage significance—
(a)
consider the effect of the proposed development
on the heritage significance of the place and any Aboriginal object known or
reasonably likely to be located at the place by means of an adequate
investigation and assessment (which may involve consideration of a heritage
impact statement), and
(b)
notify the local Aboriginal communities, in
writing or in such other manner as may be appropriate, about the application
and take into consideration any response received within 28 days after the
notice is sent.
(9)Demolition of nominated State
heritage items
The consent authority must, before granting
consent under this clause for the demolition of a nominated State heritage
item—
(a)
notify the Heritage Council about the
application, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(10)Conservation
incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item or of the
land on which such a building is erected, or for any purpose on an Aboriginal
place of heritage significance, even though development for that purpose would
otherwise not be allowed by this Plan, if the consent authority is satisfied
that—
(a)
the conservation of the heritage item or
Aboriginal place of heritage significance is facilitated by the granting of
consent, and
(b)
the proposed development is in accordance with a
heritage management document that has been approved by the consent authority,
and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
management document is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
or the heritage significance of the Aboriginal place of heritage significance,
and
(e)
the proposed development would not have any
significant adverse effect on the amenity of the surrounding
area.
cl 5.10 (previously cl
35): Am 2007 (600), Sch 2 [81]–[87]. Renumbered 2007 (600), Sch 2
[182]. Subst 2011 (102), Sch 2 [52]. Am 2011 (362), Sch 1
[11].
5.11Bush fire hazard reduction
[compulsory]
Bush fire hazard reduction work authorised by the
Rural Fires Act 1997 may be carried out
on any land without development consent.
Note—
The Rural Fires Act
1997 also makes provision relating to the carrying out of
development on bush fire prone land.
cl 5.11 (previously cl
36): Renumbered 2007 (600), Sch 2 [182]. Am 2011 (102), Sch 2
[3].
5.12Infrastructure development and
use of existing buildings of the Crown [compulsory]
(1)
This Plan does not restrict or prohibit, or
enable the restriction or prohibition of, the carrying out of any development,
by or on behalf of a public authority, that is permitted to be carried out
with or without development consent, or that is exempt development, under
State Environmental Planning Policy (Infrastructure)
2007.
(2)
This Plan does not restrict or prohibit, or
enable the restriction or prohibition of, the use of existing buildings of the
Crown by the Crown.
cl 5.12 (previously cl
38): Subst 2007 (600), Sch 2 [89]. Renumbered 2007 (600), Sch 2 [182]. Am
2010 (161), Sch 2 [25]; 2011 (102), Sch 2 [3] [53].
5.13Eco-tourist facilities
[compulsory if eco-tourist facilities permitted with
consent]
(1)
The objectives of this clause are as
follows—
(a)
to maintain the environmental and cultural values
of land on which development for the purposes of eco-tourist facilities is
carried out,
(b)
to provide for sensitively designed and managed
eco-tourist facilities that have minimal impact on the environment both on and
off-site.
(2)
This clause applies if development for the
purposes of an eco-tourist facility is permitted with development consent
under this Plan.
(3)
The consent authority must not grant consent
under this Plan to carry out development for the purposes of an eco-tourist
facility unless the consent authority is satisfied that—
(a)
there is a demonstrated connection between the
development and the ecological, environmental and cultural values of the site
or area, and
(b)
the development will be located, constructed,
managed and maintained so as to minimise any impact on, and to conserve, the
natural environment, and
(c)
the development will enhance an appreciation of
the environmental and cultural values of the site or area,
and
(d)
the development will promote positive
environmental outcomes and any impact on watercourses, soil quality, heritage
and native flora and fauna will be minimal, and
(e)
the site will be maintained (or regenerated where
necessary) to ensure the continued protection of natural resources and
enhancement of the natural environment, and
(f)
waste generation during construction and
operation will be avoided and that any waste will be appropriately removed,
and
(g)
the development will be located to avoid
visibility above ridgelines and against escarpments and from watercourses and
that any visual intrusion will be minimised through the choice of design,
colours, materials and landscaping with local native flora,
and
(h)
any infrastructure services to the site will be
provided without significant modification to the environment,
and
(i)
any power and water to the site will, where
possible, be provided through the use of passive heating and cooling,
renewable energy sources and water efficient design, and
(j)
the development will not adversely affect the
agricultural productivity of adjoining land, and
(k)
the following matters are addressed or provided
for in a management strategy for minimising any impact on the natural
environment—
(i)
measures to remove any threat of serious or
irreversible environmental damage,
(ii)
the maintenance (or regeneration where necessary)
of habitats,
(iii)
efficient and minimal energy and water use and
waste output,
(iv)
mechanisms for monitoring and reviewing the
effect of the development on the natural environment,
(v)
maintaining improvements on an on-going basis in
accordance with relevant ISO 14000 standards relating to management and
quality control.
cl 5.13: Ins 2011
(102), Sch 2 [54]. Am 2013 No 111, Sch 3.27 [3] [4].
5.14Siding Spring
Observatory—maintaining dark sky [optional]
(1)
The objective of this clause is to protect
observing conditions at the Siding Spring Observatory by promoting lighting
practices that minimise light pollution.
(2)Light emissions—general
considerations for all development
Before granting development consent for
development on land to which this Plan applies, the consent authority must
consider whether the development is likely to adversely affect observing
conditions at the Siding Spring Observatory, taking into account the following
matters—
(a)
the amount and type of light to be emitted as a
result of the development and the measures to be taken to minimise light
pollution,
(b)
the impact of those light emissions cumulatively
with other light emissions and whether the light emissions are likely to cause
a critical level to be reached,
(c)
whether outside light fittings associated with
the development are shielded light fittings,
(d)
the measures to be taken to minimise dust
associated with the development,
Note—
Dust tends to scatter light and increase light
pollution.
(e)
the Dark Sky Planning Guideline prepared by
the Planning Secretary and published in the
Gazette.
(3)Development on land within 18
kilometres of observatory
Development consent is required for all lit
development on land less than 18 kilometres from the Siding Spring
Observatory.
(4)
The consent authority must consult with the
observatory director before granting development consent to lit development on
land less than 18 kilometres from the Siding Spring
Observatory.
(5)
The consent authority must not (except with the
concurrence of the Planning Secretary) grant development consent to
development on land less than 18 kilometres from the Siding Spring Observatory
if the consent authority considers that the development is likely to result in
any one or more of the following—
(a)
an outside light fitting other than a shielded
light fitting,
(b)
an outside light fitting emitting light of more
than—
(i)
if the development is on land less than 12
kilometres from the Siding Spring Observatory—900 lumens,
or
(ii)
in any other case—1,800
lumens,
(c)
more than 4 shielded outside light
fittings,
(d)
light of more than 7,200 lumens being
emitted.
(6)
The consent authority must not grant development
consent to lit development on land less than 18 kilometres from the Siding
Spring Observatory unless the consent authority is satisfied that the
development will incorporate designs that minimise light pollution and
measures that will prevent the escape of light at night through skylights,
windows or other openings.
(7)Development on land 18
kilometres or more from observatory
The consent authority must not (except with the
concurrence of the Planning Secretary) grant development consent to
development on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 1,000,000 lumens or
more.
(8)
The consent authority must consult with the
observatory director before granting development consent to development for
the purposes of a dwelling house, secondary dwelling or dual occupancy on land
that is 18 kilometres or more from the Siding Spring Observatory if the
consent authority considers that the development is likely to result in a
dwelling having—
(a)
an outside light fitting other than a shielded
light fitting, or
(b)
more than 7 shielded outside light fittings or
more than 5 such light fittings that are not automatic light
fittings.
(9)
The consent authority must consult with the
observatory director before granting development consent to development (other
than development for the purposes of a dwelling house, secondary dwelling or
dual occupancy) on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 50,000 lumens or
more.
(10)Granting
concurrence
The Planning Secretary must take the following
into account in deciding whether to grant concurrence under this
clause—
(a)
any comments made by the observatory director in
relation to the development,
(b)
the effect the development would have on
observing conditions at the Siding Spring Observatory,
(c)
the quantity of artificial light in the night sky
measured through a telescope at the Siding Spring Observatory on or about the
date the development application is made and the relationship of that level to
the critical level,
(d)
whether any public interest in permitting the
development outweighs the public interest in preserving the observing
conditions at the Siding Spring Observatory.
(11)
A reference in this clause to light emitted as a
result of development for the purposes of a building or work includes light
emitted from any other building or work that is to be used as part of or in
connection with that building or work.
(12)
A requirement in this clause to consult with the
observatory director in respect of development is a requirement to give
written notice of the development to the observatory director and to take into
account any comments received from the observatory director within 21 days
after the notice is given.
(13)
Clause 4.6 does not allow development consent to
be granted for development that would contravene this
clause.
(14)
In this clause—
automatic
light fitting means a light fitting that is activated by a
sensor and switches off automatically after a period of time.
critical
level means the level at which the quantity of artificial
light in the night sky measured through a telescope at the Siding Spring
Observatory is greater than—
(a)
if the telescope is inclined at 30 degrees from
the horizon—10% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest, or
(b)
if the telescope is inclined at 90 degrees from
the horizon—3% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest.
horizontal plane, in relation to a
light fitting, means the horizontal plane passing through the centre of the
light source (for example, the bulb) of the light fitting.
light
pollution means brightening of the night sky caused by
artificial light.
lit
development means development that is likely to result in
the emission of light.
observatory director means the
Director of the Research School of Astronomy and Astrophysics at the
Australian National University.
outside
light fitting means a light fitting that is attached or
fixed outside, including on the exterior, of a building.
shielded
light fitting means a light fitting that does not permit
light to shine above the horizontal plane.
Siding
Spring Observatory means the land owned by the Australian
National University at Siding Spring and the buildings and equipment situated
on that land.
Direction—
This clause may be adopted without subclause
(9).
cl 5.14: Ins 2016
(309), Sch 1. Am 2019 (620), Sch 2[12].
5.15Defence communications
facility [optional]
(1)
The objective of this clause is to preserve the
optimum operational capability of the defence receiver station established by
the Commonwealth Department of Defence on land near
Morundah.
(2)
Before determining a development application for
development on defence communications facility buffer land, the consent
authority must consider Australian and New Zealand Standard AS/NZS 5070.1:2008, Siting and operation of radiocommunications facilities -
General guidelines for fixed, mobile and broadcasting facilities including
fixed location satellite earth stations independent of the operating
frequency.
(3)
Development consent must not be granted for any
of the following purposes on defence communications facility buffer land
unless the consent authority is satisfied that the Secretary of the
Commonwealth Department of Defence has been consulted about the proposed
development and has indicated that he or she is of the opinion that the
development will not adversely affect the optimum operational capability of
the defence receiver station—
(a)
any purpose which involves equipment causing an
electromagnetic emission to which Australian and New Zealand Standard AS/NZS CISPR 11:2011, Industrial, scientific and medical
equipment—Radio-frequency disturbance characteristics—Limits and
methods of measurement applies,
(b)
any industry which causes or results in any
electromagnetic emission which is likely to cause degradation to radio
reception at the defence communications facility,
(c)
permanent radio transmitters,
(d)
power transmission lines of 66 kilovolts or
greater,
(e)
electric powered railways (but not
diesel-electric powered railways),
(f)
health services facilities,
(g)
motor body repair workshops,
(h)
veterinary hospitals.
(4)
Clause 4.6 does not allow development consent to
be granted for development that would contravene this
clause.
(5)
In this clause—
defence
communications facility buffer land means land shown as
defence communications facility buffer land on the Defence Communications Facility Buffer
Map.
Defence
Communications Facility Buffer Map means the [Name of
local government area or other relevant name] Local Environmental Plan
[Year] Defence Communications Facility Buffer
Map.
cl 5.15: Ins 2016
(309), Sch 1.
5.16Subdivision of, or dwellings
on, land in certain rural, residential or environment protection zones
[compulsory if land to which Plan applies includes land to which clause
applies and Plan is referred to in Direction 1 to
clause]
(1)
The objective of this clause is to minimise
potential land use conflict between existing and proposed development on land
in the rural, residential or environment protection zones concerned
(particularly between residential land uses and other rural land
uses).
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU3 Forestry,
(d)
Zone RU4 Primary Production Small
Lots,
(e)
Zone RU6 Transition,
(f)
Zone R5 Large Lot
Residential,
(g)
Zone E2 Environmental
Conservation,
(h)
Zone E3 Environmental
Management,
(i)
Zone E4 Environmental
Living.
(3)
A consent authority must take into account the
matters specified in subclause (4) in determining whether to grant development
consent to development on land to which this clause applies for either of the
following purposes—
(a)
subdivision of land proposed to be used for the
purposes of a dwelling,
(b)
erection of a
dwelling.
(4)
The following matters are to be taken into
account—
(a)
the existing uses and approved uses of land in
the vicinity of the development,
(b)
whether or not the development is likely to have
a significant impact on land uses that, in the opinion of the consent
authority, are likely to be preferred and the predominant land uses in the
vicinity of the development,
(c)
whether or not the development is likely to be
incompatible with a use referred to in paragraph (a) or
(b),
(d)
any measures proposed by the applicant to avoid
or minimise any incompatibility referred to in paragraph
(c).
Direction
1—
This clause is compulsory for a Plan
that—
(a)
includes any zone to which the clause applies,
and
(b)
is for a local government area other than the
following—
(i)
Central Coast,
(ii)
City of Lake Macquarie,
(iii)
City of Newcastle,
(iv)
City of Wollongong,
(v)
any local government area in the Greater Sydney
Region (within the meaning of the Greater Sydney
Commission Act 2015).
Direction
2—
This clause is optional for a Plan
that—
(a)
includes any zone to which the clause applies,
and
(b)
is for any of the following local government
areas—
(i)
Central Coast,
(ii)
City of Lake Macquarie,
(iii)
City of Newcastle,
(iv)
City of Wollongong,
(v)
any local government area in the Greater Sydney
Region (within the meaning of the Greater Sydney
Commission Act 2015).
cll 5.16–5.19:
Ins 2019 (133), Sch 1 [16].
5.17Artificial waterbodies in
environmentally sensitive areas in areas of operation of irrigation
corporations [compulsory if land to which Plan applies includes land to which
clause applies]
(1)
The objective of this clause is to require
development consent for, and ensure appropriate environmental assessment of,
development for the purpose of artificial waterbodies with a storage capacity
of 15 megalitres or more but less than 100 megalitres that will be carried out
in environmentally sensitive areas in the area of operations of (or certain
other areas managed by) irrigation corporations.
(2)
This clause applies to the following
land—
(a)
land within the area of operations of an
irrigation corporation within the meaning of Part 1 of Chapter 4 of the
Water Management Act
2000,
(b)
land shown edged heavy black on the East Cadell
Map under State Environmental Planning
Policy (Primary Production and Rural Development)
2019.
(3)
Development consent is required to carry out
development for the purpose of an artificial waterbody on land to which this
clause applies if—
(a)
its storage capacity is 15 megalitres or more but
less than 100 megalitres, and
(b)
the development is carried out in an
environmentally sensitive area.
(4)
Development consent must not be granted under
subclause (3) unless the consent authority has considered the
following—
(a)
a statement of environmental effects relating to
the proposed development,
(b)
if a licence, approval or other authority is
required for the proposed development under any legislation (for example, the
Local Land Services Act 2013, the
Water Management Act 2000 or the Protection of the Environment Operations Act
1997)—details of the authority,
(c)
if an exemption from a requirement for a licence,
approval or other authority for the proposed development applies or will
apply—details of the exemption.
(5)
To remove any doubt—
(a)
Part 2 (Planning principles) of Murray Regional Environmental Plan No 2—Riverine
Land applies when a consent authority determines a
development application required by this clause for land to which that Plan
applies, and
(b)
the provisions of Part 3 (Planning requirements
and consultation) of that Plan that provide for consultation by a consent
authority apply when development defined in the Planning Control and
Consultation Table in that Part is required to be carried out with development
consent because of this clause.
(6)
In this clause—
environmentally sensitive area has
the same meaning as in clause 1.5 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008.
cll 5.16–5.19:
Ins 2019 (133), Sch 1 [16].
5.18Intensive livestock
agriculture [compulsory if intensive livestock agriculture permitted with
consent]
(1)
The objectives of this clause are—
(a)
to ensure appropriate environmental assessment of
development for the purpose of intensive livestock agriculture that is
permitted with consent under this Plan, and
(b)
to provide for certain capacity thresholds below
which development consent is not required for that development subject to
certain restrictions as to location.
(2)
This clause applies if development for the
purpose of intensive livestock agriculture is permitted with consent under
this Plan.
(3)
In determining whether or not to grant
development consent under this Plan to development for the purpose of
intensive livestock agriculture, the consent authority must take the following
into consideration—
(a)
the adequacy of the information provided in the
statement of environmental effects or (if the development is designated
development) the environmental impact statement accompanying the development
application,
(b)
the potential for odours to adversely impact on
the amenity of residences or other land uses within the vicinity of the
site,
(c)
the potential for the pollution of surface water
and ground water,
(d)
the potential for the degradation of
soils,
(e)
the measures proposed to mitigate any potential
adverse impacts,
(f)
the suitability of the site in the
circumstances,
(g)
whether the applicant has indicated an intention
to comply with relevant industry codes of practice for the health and welfare
of animals,
(h)
the consistency of the proposal with, and any
reasons for departing from, the environmental planning and assessment aspects
of any guidelines for the establishment and operation of relevant types of
intensive livestock agriculture published, and made available to the consent
authority, by the Department of Primary Industries (within the Department of
Industry) and approved by the Planning Secretary.
(4)
Despite any other provision of this Plan,
development for the purpose of intensive livestock agriculture may be carried
out without development consent if—
(a)
the development is of a type specified in
subclause (5), and
(b)
the consent authority is satisfied that the
development will not be located—
(i)
in an environmentally sensitive area,
or
(ii)
within 100 metres of a natural watercourse,
or
(iii)
in a drinking water catchment,
or
(iv)
within 500 metres of any dwelling that is not
associated with the development, or a residential zone, or
(v)
if the development is a poultry farm—within
500 metres of another poultry farm.
(5)
The following types of development are specified
for the purposes of subclause (4)—
(a)
a cattle feedlot having a capacity to accommodate
fewer than 50 head of cattle,
(b)
a goat feedlot having a capacity to accommodate
fewer than 200 goats,
(c)
a sheep feedlot having a capacity to accommodate
fewer than 200 sheep,
(d)
a pig farm having a capacity to accommodate fewer
than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be
breeding sows),
(e)
a dairy (restricted) having a capacity to
accommodate fewer than 50 dairy cows,
(f)
a poultry farm having a capacity to accommodate
fewer than 1,000 birds for meat or egg production (or
both).
(6)
For the avoidance of doubt, subclause (4) does
not apply to development that is prohibited or that may be carried out without
development consent under this or any other environmental planning
instrument.
(7)
In this clause—
environmentally sensitive area has
the same meaning as in clause 1.5 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008.
residential zone means Zone RU4
Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1
General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density
Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential,
Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental
Management or Zone E4 Environmental Living.
cll 5.16–5.19:
Ins 2019 (133), Sch 1 [16].
5.19Pond-based, tank-based and
oyster aquaculture [compulsory]
(1)Objectives
The objectives of this clause are as
follows—
(a)
to encourage sustainable oyster, pond-based and
tank-based aquaculture in the State, namely, aquaculture development that
uses, conserves and enhances the community’s resources so that the total
quality of life now and in the future can be preserved and
enhanced,
(b)
to set out the minimum site location and
operational requirements for permissible pond-based and tank-based aquaculture
development.
(2)Pond-based or tank-based
aquaculture—matters of which consent authority must be satisfied before
granting consent
The consent authority must not grant development
consent to carry out development for the purpose of pond-based aquaculture or
tank-based aquaculture unless the consent authority is satisfied of the
following—
(a)
that the development complies with the site
location and operational requirements set out in Part 1 of Schedule 6 for the
development,
(b)
in the case of—
(i)
pond-based aquaculture or tank-based aquaculture
in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5
Large Lot Residential—that the development is for the purpose of small
scale aquarium fish production, and
(ii)
pond-based aquaculture in Zone E3 Environmental
Management or Zone E4 Environmental Living—that the development is for
the purpose of extensive aquaculture, and
(iii)
tank-based aquaculture in Zone R3 Medium Density
Residential, Zone E3 Environmental Management or Zone E4 Environmental
Living—that the development is for the purpose of small scale aquarium
fish production, and
(iv)
pond-based aquaculture or tank-based aquaculture
in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3
Working Waterways—that the development will use waterways to source
water.
(3)
The requirements set out in Part 1 of Schedule 6
are minimum requirements and do not limit the matters a consent authority is
required to take into consideration under the Act or the conditions that it
may impose on any development consent.
(4)Extensive pond-based
aquaculture permitted without consent in certain zones
Development for the purpose of pond-based
aquaculture, that is also extensive aquaculture, may be carried out without
development consent if—
(a)
the development is carried out in Zone RU1
Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4
Primary Production Small Lots or Zone RU6 Transition, and
(b)
the development complies with the site location
requirements and operational requirements set out in Part 2 of Schedule
6.
(5)Oyster
aquaculture—additional matters that consent authority must consider in
determining a development application
In determining a development application for
development for the purpose of oyster aquaculture, the consent authority must
consider—
(a)
any provisions of any aquaculture industry
development plan that are relevant to the subject of the development
application, and
(b)
the NSW Oyster Industry Sustainable Aquaculture
Strategy.
(6)Oyster aquaculture permitted
without consent in priority oyster aquaculture areas
Development for the purpose of oyster aquaculture
may be carried out without development consent—
(a)
on land that is wholly within a priority oyster
aquaculture area, or
(b)
on land that is partly within and partly outside
a priority oyster aquaculture area, but only if the land outside the area is
no more than 0.1 hectare in area.
(7)Definitions
In this clause—
aquaculture industry development
plan means an aquaculture industry development plan
published under Part 6 of the Fisheries Management Act
1994.
extensive
aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation
2017.
NSW
Oyster Industry Sustainable Aquaculture Strategy means the
third edition of the publication of that title, as published in 2016 by the
Department of Primary Industries (within the Department of
Industry).
priority
oyster aquaculture area means an area identified as a
priority oyster aquaculture area on a map referred to in Chapter 5.3 of the
NSW Oyster Industry Sustainable
Aquaculture Strategy, being a map a copy of which is held
in the head office of the Department of Primary Industries (within the
Department of Industry) and published on that Department’s
website.
cll 5.16–5.19:
Ins 2019 (133), Sch 1 [16].
5.20Standards that cannot be used
to refuse consent—playing and performing music
[compulsory]
(1)
The consent authority must not refuse consent to
development in relation to licensed premises on the following
grounds—
(a)
the playing or performance of music, including
the following—
(i)
the genre of music played or performed,
or
(ii)
whether the music played or performed is live or
amplified, or
(iii)
whether the music played or performed is original
music, or
(iv)
the number of musicians or live entertainment
acts playing or performing, or
(v)
the type of instruments
played,
(b)
whether dancing occurs,
(c)
the presence or use of a dance floor or another
area ordinarily used for dancing,
(d)
the direction in which a stage for players or
performers faces,
(e)
the decorations to be used, including, for
example, mirror balls, or lighting used by players or
performers.
(2)
The consent authority must not refuse consent to
development in relation to licensed premises on the grounds of noise caused by
the playing or performance of music, if the consent authority is satisfied the
noise may be managed and minimised to an acceptable
level.
(3)
In this clause—
licensed
premises has the same meaning as in the Liquor
Act 2007.
cl 5.20: Ins 2020 No
40, Sch 7.