Land
Use Table
Note—
A type of development referred to in the Land Use
Table is a reference to that type of development only to the extent it is not
regulated by an applicable State environmental planning policy. The following
State environmental planning policies in particular may be relevant to
development on land to which this Plan applies—
State Environmental Planning
Policy (Affordable Rental Housing) 2009 (including
provision for secondary dwellings)
State Environmental Planning
Policy (Housing for Seniors or People with a Disability)
2004
State Environmental Planning
Policy (Infrastructure) 2007—relating to
infrastructure facilities such as those that comprise, or are for, air
transport, correction, education, electricity generating works and solar
energy systems, health services, ports, railways, roads, waste management and
water supply systems
State Environmental Planning
Policy (Mining, Petroleum Production and Extractive Industries)
2007
State Environmental Planning
Policy No 33—Hazardous and Offensive
Development
State Environmental Planning
Policy No 50—Canal Estate
Development
State Environmental Planning
Policy No 64—Advertising and
Signage
State Environmental Planning
Policy (Primary Production and Rural Development)
2019
Land Use tbl: Am 2016
(168), Sch 1 [2] [5]; 2017 (493), Sch 1.1 [1] [2]; 2019 (371), cl 4
(1)–(4); 2019 (621), Sch 3; 2021 (96), Sch
1[1]–[5].
Zone RU1Primary
Production
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.
•
To promote the unique agricultural character of
Orange and facilitate a variety of tourist and visitor accommodation land uses
that are compatible with agriculture.
•
To ensure that development along the Southern
Link Road has an alternative access.
2Permitted without
consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations;
Viticulture
3Permitted with
consent
Agriculture; Airstrips; Animal boarding or
training establishments; Aquaculture; Bed and breakfast accommodation;
Business identification signs; Cellar door premises; Community facilities;
Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental
facilities; Extractive industries; Farm buildings; Farm stay accommodation;
Forestry; Helipads; Home businesses; Home industries; Information and
education facilities; Intensive livestock agriculture; Intensive plant
agriculture; Landscaping material supplies; Open cut mining; Recreation areas;
Recreation facilities (major); Recreation facilities (outdoor); Roads;
Roadside stalls; Rural industries; Secondary dwellings; Veterinary hospitals;
Water supply systems
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of
zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To enhance and maintain the unique village
character of Lucknow and Spring Hill.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Amusement centres; Animal boarding or training
establishments; Backpackers’ accommodation; Bed and breakfast
accommodation; Bee keeping; Boarding houses; Building identification signs;
Business identification signs; Camping grounds; Caravan parks; Cemeteries;
Centre-based child care facilities; Commercial premises; Community facilities;
Depots; Dual occupancies; Dwelling houses; Electricity generating works;
Entertainment facilities; Environmental facilities; Freight transport
facilities; Function centres; Group homes; Health consulting rooms; Home
businesses; Hostels; Hotel or motel accommodation; Industrial retail outlets;
Information and education facilities; Light industries; Neighbourhood shops;
Oyster aquaculture; Passenger transport facilities; Places of public worship;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Research stations;
Respite day care centres; Roads; Schools; Secondary dwellings; Semi-detached
dwellings; Seniors housing; Service stations; Sewerage systems; Shop top
housing; Tank-based aquaculture; Vehicle body repair workshops; Vehicle repair
stations; Veterinary hospitals; Water supply systems
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone R1General
Residential
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.
•
To ensure development is ordered in such a way as
to maximise public transport patronage and encourage walking and cycling in
close proximity to settlement.
•
To ensure that development along the Southern
Link Road has an alternative access.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Attached dwellings; Bee keeping; Boarding houses;
Building identification signs; Business identification signs; Camping grounds;
Caravan parks; Centre-based child care facilities; Community facilities;
Dwelling houses; Electricity generating works; Environmental facilities;
Exhibition homes; Exhibition villages; Group homes; Home businesses; Home
industries; Hostels; Information and education facilities; Kiosks; Multi
dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public
worship; Pond-based aquaculture; Recreation areas; Recreation facilities
(indoor); Recreation facilities (outdoor); Residential accommodation;
Residential flat buildings; Respite day care centres; Roads; Semi-detached
dwellings; Seniors housing; Shop top housing; Tank-based aquaculture; Tourist
and visitor accommodation; Veterinary hospitals; Water supply
systems
4Prohibited
Farm stay accommodation; Rural workers’
dwellings; Any other development not specified in item 2 or
3
Zone R2Low Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To ensure development is ordered in such a way as
to maximise public transport patronage and encourage walking and cycling in
close proximity to settlement.
•
To ensure that development along the Southern
Link Road has an alternative access.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Bed and breakfast accommodation; Bee keeping;
Boarding houses; Building identification signs; Business identification signs;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Electricity generating works; Environmental facilities;
Exhibition homes; Group homes; Health consulting rooms; Home businesses; Home
industries; Hostels; Information and education facilities; Kiosks;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based
aquaculture; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Respite day care centres; Roads; Secondary dwellings;
Semi-detached dwellings; Serviced apartments; Tank-based aquaculture;
Veterinary hospitals; Water supply systems
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density
Residential
1Objectives of
zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To ensure development is ordered in such a way as
to maximise public transport patronage, and encourage walking and cycling, in
close proximity to settlement.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Attached dwellings; Boarding houses; Building
identification signs; Business identification signs; Centre-based child care
facilities; Community facilities; Electricity generating works; Entertainment
facilities; Environmental facilities; Exhibition homes; Function centres;
Group homes; Home-based child care; Home businesses; Home industries; Home
occupations; Information and education facilities; Kiosks; Multi dwelling
housing; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Residential accommodation; Respite day care centres; Roads; Seniors
housing; Tank-based aquaculture; Tourist and visitor
accommodation
4Prohibited
Farm stay accommodation; Pond-based aquaculture
Rural workers’ dwellings; Any other development not specified in item 2
or 3
Zone R5Large Lot
Residential
1Objectives of
zone
•
To provide residential housing in a rural setting
while preserving, and minimising impacts on, environmentally sensitive
locations and scenic quality.
•
To ensure that large residential lots do not
hinder the proper and orderly development of urban areas in the
future.
•
To ensure that development in the area does not
unreasonably increase the demand for public services or public
facilities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To provide for student housing in close proximity
to the Charles Sturt University.
•
To ensure development is ordered in such a way as
to maximise public transport patronage, and encourage walking and cycling, in
close proximity to settlement.
•
To ensure development along the Southern Link
Road has an alternative access.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Animal boarding or training establishments; Bed
and breakfast accommodation; Boarding houses; Building identification signs;
Business identification signs; Centre-based child care facilities; Community
facilities; Crematoria; Dwelling houses; Environmental facilities; Exhibition
homes; Extensive agriculture; Home businesses; Home industries; Information
and education facilities; Kiosks; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Pond-based aquaculture; Recreation areas; Recreation
facilities (indoor); Recreation facilities (outdoor); Respite day care
centres; Roads; Tank-based aquaculture; Veterinary hospitals; Water supply
systems
4Prohibited
Any development not specified in item 2 or
3
Zone B1Neighbourhood
Centre
1Objectives of
zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To encourage local employment opportunities in
accessible locations.
•
To ensure development is ordered in such a way as
to maximise public transport patronage, and encourage walking and cycling, in
close proximity to settlement.
•
To promote development of a scale that is
conducive to the role of the Orange CBD as the primary retail and business
centre in the region.
•
To ensure development in the Northern Leeds
Parade area is appropriately serviced, of a scale consistent with the needs of
the area and will not detract from the role of the CBD as the primary business
centre within the City.
2Permitted without
consent
Environmental protection works; Home
occupations
3Permitted with
consent
Artisan food and drink industries; Boarding
houses; Business premises; Centre-based child care facilities; Community
facilities; Dwelling houses; Electricity generating works; Environmental
facilities; Garden centres; Home-based child care; Home businesses; Home
industries; Information and education facilities; Kiosks; Landscaping material
supplies; Medical centres; Neighbourhood shops; Neighbourhood supermarkets;
Office premises; Oyster aquaculture; Places of public worship; Recreation
areas; Recreation facilities (indoor); Recreation facilities (outdoor);
Respite day care centres; Restaurants or cafes; Roads; Secondary dwellings;
Seniors housing; Shop top housing; Signage; Take away food and drink premises;
Tank-based aquaculture; Veterinary hospitals; Water supply
systems
4Prohibited
Pond-based aquaculture; Any other development not
specified in item 2 or 3
Zone B2Local
Centre
1Objectives of
zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To ensure that retail, business and community
uses in North Orange and South Orange will not detract from the role of the
CBD as the primary business centre within the City.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Artisan food and drink industries; Boarding
houses; Centre-based child care facilities; Commercial premises; Community
facilities; Educational establishments; Entertainment facilities; Function
centres; Home industries; Information and education facilities; Medical
centres; Oyster aquaculture; Passenger transport facilities; Recreation
facilities (indoor); Registered clubs; Respite day care centres; Restricted
premises; Roads; Service stations; Shop top housing; Tank-based aquaculture;
Tourist and visitor accommodation; Any other development not specified in item
2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks;
Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Heavy industrial storage establishments;
Helipads; Highway service centres; Home occupations (sex services); Industrial
retail outlets; Industrial training facilities; Industries; Jetties; Marinas;
Mooring pens; Moorings; Mortuaries; Pond-based aquaculture Public
administration buildings; Recreation facilities (major); Recreation facilities
(outdoor); Research stations; Residential accommodation; Resource recovery
facilities; Rural industries; Sex services premises; Storage premises;
Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair
stations; Warehouse or distribution centres; Waste disposal facilities; Water
recreation structures; Wholesale supplies
Zone B3Commercial
Core
1Objectives of
zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses that serve the
needs of the local and wider community.
•
To encourage appropriate employment opportunities
in accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To promote development that contributes to the
role of the Orange CBD as the primary retail and business centre in the City
and region.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Artisan food and drink industries; Boarding
houses; Centre-based child care facilities; Commercial premises; Community
facilities; Dwelling houses; Educational establishments; Entertainment
facilities; Function centres; Group homes; Home industries; 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; Roads;
Secondary dwellings; Shop top housing; Tank-based aquaculture; Tourist and
visitor accommodation; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Biosolids treatment facilities;
Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping
grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm stay accommodation;
Forestry; Freight transport facilities; Heavy industrial storage
establishments; Helipads; Highway service centres; Home occupations (sex
services); Industrial retail outlets; Industrial training facilities;
Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut
mining; Pond-based aquaculture Recreation facilities (major); Research
stations; Residential accommodation; Resource recovery facilities; Rural
industries; Sewage treatment plants; Sex services premises; Storage premises;
Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair
stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or
distribution centres; Waste disposal facilities; Water recreation structures;
Water recycling facilities; Water supply systems; Wholesale
supplies
Zone B4Mixed
Use
1Objectives of
zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
•
To promote, where possible, the retention and
reuse of heritage items as well as the retention of established buildings that
contribute positively to the heritage or cultural values of the land in the
zone.
•
To promote development that supports the role of
Orange CBD as the primary retail and business centre in the
region.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Artisan food and drink industries; Boarding
houses; Centre-based child care facilities; Commercial premises; Community
facilities; Educational establishments; Entertainment facilities; Function
centres; Home industries; Hotel or motel accommodation; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Residential
accommodation; Respite day care centres; Restricted premises; Roads; Seniors
housing; Shop top housing; Tank-based aquaculture; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Camping grounds;
Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes;
Exhibition villages; Extractive industries; Forestry; Freight transport
facilities; Heavy industrial storage establishments; Helipads; Highway service
centres; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Jetties; Marinas; Mooring pens;
Moorings; Open cut mining; Pond-based aquaculture Recreation facilities
(major); Research stations; Resource recovery facilities; Rural industries;
Rural workers’ dwellings; Sex services premises; Storage premises;
Transport depots; Truck depots; Warehouse or distribution centres; Waste
disposal facilities; Water recreation structures
Zone B5Business
Development
1Objectives of
zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Centre-based child care facilities; Funeral
homes; Garden centres; Hardware and building supplies; Home industries; Hotel
or motel accommodation; Kiosks; Landscaping material supplies; Neighbourhood
shops; Oyster aquaculture; Passenger transport facilities; Respite day care
centres; Roads; Rural supplies; Self-storage units; Shop top housing; Signage;
Specialised retail premises; Take away food and drink premises; Tank-based
aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or
distribution centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks;
Cemeteries; Charter and tourism boating facilities; Commercial premises;
Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight
transport facilities; Heavy industrial storage establishments; Helipads;
Highway service centres; Home occupations (sex services); Industrial retail
outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring
pens; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture Recreation
facilities (major); Research stations; Residential accommodation; Resource
recovery facilities; Rural industries; Sex services premises; Storage
premises; Tourist and visitor accommodation; Transport depots; Truck depots;
Vehicle body repair workshops; Veterinary hospitals; Waste disposal
facilities; Water recreation structures
Zone B6Enterprise
Corridor
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.
•
To provide for residential uses, but only as part
of a mixed use development.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Business premises; Community facilities; Garden
centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks;
Landscaping material supplies; Light industries; Multi dwelling housing;
Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant
nurseries; Restaurants or cafes; Roads; Rural supplies; Self-storage units;
Shop top housing; Take away food and drink premises; Tank-based aquaculture;
Timber yards; Tourist and visitor accommodation; Vehicle sales or hire
premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car
parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter
and tourism boating facilities; Correctional centres; Crematoria; Depots;
Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition
villages; Extractive industries; Farm buildings; Forestry; Heavy industrial
storage establishments; Helipads; Highway service centres; Home occupations
(sex services); Industrial training facilities; Industries; Jetties; Marinas;
Mooring pens; Moorings; Open cut mining; Pond-based aquaculture Registered
clubs; Research stations; Residential accommodation; Resource recovery
facilities; Respite day care centres; Retail premises; Rural industries; Rural
workers’ dwellings; Sex services premises; Storage premises; Truck
depots; Vehicle body repair workshops; Waste disposal facilities; Water
recreation structures
Zone B7Business
Park
1Objectives of
zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To encourage a mix of light industrial activities
and research activities that encourage the sharing of
facilities.
•
To ensure development is ordered in such a way as
to maximise public transport patronage, and encourage walking and cycling, in
close proximity to settlement.
2Permitted without
consent
Environmental protection
works
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; Roads; Take away food and drink premises; Tank-based
aquaculture; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes;
Exhibition villages; Extractive industries; Forestry; Freight transport
facilities; Function centres; Heavy industrial storage establishments;
Helipads; Highway service centres; Home-based child care; Home business; Home
occupations; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Jetties; Marinas; Mooring pens;
Moorings; Mortuaries; Open cut mining; Passenger transport facilities; Places
of public worship; Pond-based aquaculture Recreation facilities (major);
Recreation facilities (outdoor); Registered clubs; Residential accommodation;
Retail premises; Rural industries; Service stations; Sewage treatment plants;
Sex services premises; Storage premises; Tourist and visitor accommodation;
Transport depots; Vehicle body repair workshops; Veterinary hospitals; Waste
or resource management facilities; Water recreation structures; Water
recycling facilities; Wholesale supplies
Zone IN1General
Industrial
1Objectives of
zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To ensure development along the Southern Link
Road has an alternative access.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Depots; Freight transport facilities; Garden
centres; General industries; Hardware and building supplies; Industrial
training facilities; Kiosks; Landscaping material supplies; Light industries;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads;
Tank-based aquaculture; Timber yards; Vehicle sales or hire premises;
Warehouse or distribution centres; Any other development not specified in item
2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Centre-based child care facilities; Charter and tourism boating facilities;
Commercial premises; Community facilities; Correctional centres; Eco-tourist
facilities; Educational establishments; Entertainment facilities; Exhibition
homes; Exhibition villages; Forestry; Function centres; Health services
facilities; Highway service centres; Home-based child care; Home businesses;
Home occupations; Home occupations (sex services); Information and education
facilities; Jetties; Marinas; Mooring pens; Moorings; Open cut mining;
Pond-based aquaculture Public administration buildings; Registered clubs;
Residential accommodation; Respite day care centres; Tourist and visitor
accommodation; Water recreation structures
Zone IN2Light
Industrial
1Objectives of
zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Depots; Funeral homes; Garden centres; Hardware
and building supplies; Industrial training facilities; Kiosks; Landscaping
material supplies; Light industries; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Roads; Rural supplies; Tank-based aquaculture;
Timber yards; Vehicle sales or hire premises; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat
sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based
child care facilities; Charter and tourism boating facilities; Commercial
premises; Community facilities; Correctional centres; Eco-tourist facilities;
Educational establishments; Entertainment facilities; Exhibition homes;
Exhibition villages; Extractive industries; Forestry; Function centres; Health
services facilities; Heavy industrial storage establishments; Highway service
centres; Home-based child care; Home businesses; Home occupations; Home
occupations (sex services); Industries; Jetties; Marinas; Mooring pens;
Moorings; Open cut mining; Pond-based aquaculture Public administration
buildings; Recreation facilities (major); Recreation facilities (outdoor);
Registered clubs; Residential accommodation; Respite day care centres; Rural
industries; Sewage treatment plants; Sex services premises; Tourist and
visitor accommodation; Water recreation structures; Water recycling
facilities; Water supply systems
Zone SP2Infrastructure
1Objectives of
zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Aquaculture; Roads; The purpose shown on the
Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP3Tourist
1Objectives of
zone
•
To provide for a variety of tourist-oriented
development and related uses.
•
To cater for the needs of the travelling
public.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Aquaculture; Community facilities; Environmental
facilities; Food and drink premises; Function centres; Highway service
centres; Information and education facilities; Neighbourhood shops; Passenger
transport facilities; Recreation areas; Recreation facilities (indoor); Roads;
Signage; Tourist and visitor accommodation
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public
Recreation
1Objectives of
zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
•
To ensure development is ordered in such a way as
to maximise public transport patronage and encourage walking and cycling in
close proximity to settlement.
•
To ensure development along the Southern Link
Road has alternative access.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Aquaculture; Boat launching ramps; Building
identification signs; Business identification signs; Community facilities;
Eco-tourist facilities; Environmental facilities; Heliports; Information and
education facilities; Jetties; Kiosks; Markets; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Roads; Water recreation structures
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private
Recreation
1Objectives of
zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
•
To ensure development is ordered in such a way as
to maximise public transport patronage and encourage walking and cycling in
close proximity to settlement.
•
To ensure development along the Southern Link
Road has alternative access.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Aquaculture; Boat launching ramps; Building
identification signs; Business identification signs; Camping grounds; Caravan
parks; Community facilities; Eco-tourist facilities; Entertainment facilities;
Environmental facilities; Helipads; Information and education facilities;
Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Registered clubs; Roads;
Water recreation structures
4Prohibited
Any development not specified in item 2 or
3
Zone E1National Parks and Nature
Reserves
1Objectives of
zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks
and Wildlife Act 1974 or that is acquired under Part 11 of
that Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without
consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with
consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone E2Environmental
Conservation
1Objectives of
zone
•
To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage
or otherwise have an adverse effect on those values.
•
To ensure development along the Southern Link
Road has alternative access.
2Permitted without
consent
Environmental protection
works
3Permitted with
consent
Electricity generating works; Environmental
facilities; Extensive agriculture; Information and education facilities;
Oyster aquaculture Recreation areas; Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Pond-based aquaculture; Recreation
facilities (major); Residential flat buildings; Restricted premises; Retail
premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone E3Environmental
Management
1Objectives of
zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To manage development within water supply
catchment lands to conserve and enhance the city and district’s water
resources.
•
To maintain the rural function and primary
production values of the area.
•
To ensure development along the Southern Link
Road has alternative access.
2Permitted without
consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with
consent
Air transport facilities; Animal boarding or
training establishments; Bed and breakfast accommodation; Boat sheds; Cellar
door premises; Dual occupancies; Dwelling houses; Eco-tourist facilities;
Electricity generating works; Environmental facilities; Extractive industries;
Farm buildings; Farm stay accommodation; Forestry; Helipads; Home businesses;
Home industries; Information and education facilities; Intensive plant
agriculture; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation
areas; Recreation facilities (outdoor); Research stations; Roads; Roadside
stalls; Rural industries; Sewerage systems; Tank-based aquaculture; Water
supply systems
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Retail premises; Seniors housing; Service stations; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone E4Environmental
Living
1Objectives of
zone
•
To provide for low-impact residential development
in areas with special ecological, scientific or aesthetic
values.
•
To ensure that residential development does not
have an adverse effect on those values.
•
To provide for housing and complementary uses in
an area with a predominantly natural setting.
2Permitted without
consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with
consent
Animal boarding or training establishments; Bed
and breakfast accommodation; Community facilities; Dwelling houses;
Eco-tourist facilities; Electricity generating works; Environmental
facilities; Home businesses; Home industries; Information and education
facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas;
Recreation facilities (outdoor); Roads; Sewerage systems; Tank-based
aquaculture; Veterinary hospitals; Water supply systems
4Prohibited
Industries; Service stations; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Part 4Principal development
standards
4.1Minimum subdivision lot
size
(1)
The objectives of this clause are as
follows—
(a)
to ensure that new subdivisions reflect existing
lot sizes and patterns in the surrounding locality,
(b)
to ensure that lot sizes have a practical and
efficient layout to meet intended use,
(c)
to ensure that lot sizes do not undermine the
land’s capability to support rural development,
(d)
to prevent the fragmentation of rural
lands,
(e)
to provide for a range of lot sizes reflecting
the ability of services available to the area,
(f)
to encourage subdivision designs that promote a
high level of pedestrian and cyclist connectivity and accommodate public
transport vehicles.
(2)
This clause applies to a subdivision of any land
shown on the Lot Size Map that requires development
consent and that is carried out after the commencement of this
Plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies is not to be less than the minimum size
shown on the Lot Size Map in relation to that
land.
(4)
This clause does not apply in relation to the
subdivision of any land—
(a)
by the registration of a strata plan or strata
plan of subdivision under the Strata Schemes Development Act
2015, or
(b)
by any kind of subdivision under the Community Land Development Act
1989.
4.1AAMinimum subdivision lot size
for community title schemes
(1)
The objectives of this clause are as
follows—
(a)
to ensure that the land to which this clause
applies is not fragmented into lots that would create additional dwelling
opportunities.
(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)
RU1 Primary Production,
(b)
E2 Environmental
Conservation,
(c)
E3 Environmental Management,
(d)
E4 Environmental
Living,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 1989) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
(4)
This clause applies despite clause
4.1.
4.1AStrata subdivisions in certain
rural zones
(1)
The objective of this clause is to ensure that
land to which this clause applies is not fragmented by subdivisions that would
create additional dwelling entitlements.
(2)
This clause applies to land in the following
zones that is being subdivided (being a subdivision that requires development
consent) under the Strata Schemes (Freehold
Development) Act 1973 for use as residential accommodation
or tourist and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone E3 Environmental
Management.
(3)
The size of any lot resulting from a subdivision
to which this clause applies (other than common property within the meaning of
the Strata Schemes (Freehold Development) Act
1973) is not to be less than the minimum size shown on the
Lot Size
Map in relation to that land.
4.1BMinimum lot sizes for dual
occupancy, multi dwelling housing and residential flat
buildings
(1)
The objective of this clause is to achieve
planned residential density in certain zones.
(2)
Development consent may be granted to development
on a lot in a zone shown in Column 2 of the Table to this clause for a purpose
shown in Column 1 of the Table opposite that zone, if the area of the lot is
equal to or greater than the area specified for that purpose and shown in
Column 3 of the Table.
(3)
This clause does not apply to land in the
Shiralee Urban Release Area.
(4)
In this clause, Shiralee
Urban Release Area means the land in South Orange identified
as “Area 1” on the Lot Size Map.
Column
1
Column
2
Column
3
Dual
occupancy
Zone R1
General Residential
800 square
metres
Dual
occupancy
Zone R2 Low
Density Residential
800 square
metres in areas without a minimum lot size on the Lot Size
Map
Dual
occupancy
Zone R2 Low
Density Residential
1,200
square metres in areas with a minimum lot size on the Lot Size
Map
Dual
occupancy
Zone R3
Medium Density Residential
600 square
metres
Multi
dwelling housing
Zone R1
General Residential
1,250
square metres
Multi
dwelling housing
Zone R3
Medium Density Residential
800 square
metres
cl 4.1B: Am 2014
(119), Sch 1 [1]; 2015 (652), cl 5.
4.1CExceptions to minimum lot
sizes for certain residential development
(1)
This clause applies to land in Ploughmans Valley
that is both—
(a)
within Zone R2 Low Density Residential,
and
(b)
identified on the Lot Size Map as having a
minimum lot size of 850 square metres.
(2)
Despite any other provision of this Plan,
development consent may be granted to the subdivision of land to which this
clause applies if—
(a)
a dual occupancy is lawfully erected on the land,
and
(b)
the area of each resulting lot will not be less
than—
(i)
650 square metres for a dual occupancy
(attached), or
(ii)
600 square metres for a dual occupancy
(detached), and
(c)
only one dwelling will be located on each lot
resulting from the subdivision.
(3)
Development consent may be granted to a single
development application for consent to development of land to which this
clause applies that involves both of the following—
(a)
the subdivision of land into 2 or more
lots,
(b)
the erection of a dual occupancy (attached) or
dual occupancy (detached) with a single dwelling on each lot resulting from
the subdivision, if the size of each lot is equal to or greater
than—
(i)
650 square metres for a dual occupancy
(attached), or
(ii)
600 square metres for a dual occupancy
(detached).
cl 4.1C: Ins 2014
(119), Sch 1 [2]. Am 2021 (96), Sch 1[6].
4.1DMinimum lot sizes for certain
split zones
(1)
The objectives of this clause are—
(a)
to provide for the subdivision of lots that are
within more than 1 zone but cannot be subdivided under clause 4.1,
and
(b)
to ensure that subdivision occurs in a manner
that promotes suitable land use and development.
(2)
This clause applies to each lot (an original lot) that comprises land in
more than 1 zone.
(3)
Despite clause 4.1, development consent may be
granted to subdivide an original lot to create other lots (the resulting lots) if—
(a)
one of the resulting lots comprises all of the
land in the original lot that is not in a relevant zone,
and
(b)
each other resulting lot comprises only land in 1
relevant zone.
(4)
The resulting lot specified in subclause (3)(a)
may be smaller than the minimum lot size for the land as shown on the Lot Size
Map.
(5)
A resulting lot specified in subclause (3)(b)
must not be—
(a)
subject to more than 1 minimum lot size as shown
on the Lot
Size Map, or
(b)
smaller than the minimum lot size for the land as
shown on the Lot Size Map.
(6)
Development consent must not be granted for the
erection of a dwelling house on the resulting lot specified in subclause
(3)(a).
(7)
In this clause—
relevant
zone means Zone RU5 Village, Zone R1 General Residential,
Zone R2 Low Density Residential, Zone R3 Medium Density Residential and Zone
R5 Large Lot Residential.
cl 4.1D: Ins 2021
(96), Sch 1[7].
4.2Rural
subdivision
(1)
The objective of this clause is to provide
flexibility in the application of standards for subdivision in rural zones to
allow land owners a greater chance to achieve the objectives for development
in the relevant zone.
(2)
This clause applies to the following rural
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(baa)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU6 Transition.
Note—
When this Plan was made it did not include Zone
RU2 Rural Landscape, Zone RU4 Primary Production Small Lots or 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).
4.2AErection of dwelling houses on
land in certain rural and environmental protection zones
(1)
The objectives of this clause are as
follows—
(a)
to minimise unplanned rural residential
development,
(b)
to enable the replacement of lawfully erected
dwelling houses in rural and environmental protection
zones.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone E2 Environmental
Conservation,
(c)
Zone E3 Environmental
Management,
(d)
Zone E4 Environmental
Living.
(3)
Development consent must not be granted for the
erection of a dwelling house on land in a zone to which this clause applies,
and on which no dwelling house has been erected, unless the land
is—
(a)
a lot that is at least the minimum lot size
specified for that land by the Lot Size Map, or
(b)
a lot created before this Plan commenced and on
which the erection of a dwelling house was permissible immediately before that
commencement, or
(c)
a lot resulting from a subdivision for which
development consent (or equivalent) was granted before this Plan commenced and
on which the erection of a dwelling house would have been permissible if the
plan of subdivision had been registered before that commencement,
or
(d)
an existing holding.
Note—
A dwelling cannot be erected on a lot created
under clause 9 of State Environmental Planning
Policy (Rural Lands) 2008 or clause
4.2.
(4)
Land ceases to be an existing holding for the
purposes of subclause (3) (d) if an application for development consent
referred to in that subclause is not made in relation to that land before 31
December 2012.
(5)
Despite subclause (3), development consent may be
granted for the erection of a dwelling house on land to which this clause
applies if—
(a)
there is a lawfully erected dwelling house on the
land and the dwelling house to be erected is intended only to replace the
existing dwelling house, or
(b)
the land would have been a lot or a holding
referred to in subclause (3) had it not been affected by—
(i)
a minor realignment of its boundaries that did
not create an additional lot, or
(ii)
a subdivision creating or widening a public road
or public reserve or for another public purpose.
(5A)
Despite subclause (3), development consent must
not be granted for the erection of a dwelling house on land to which this
clause applies that is being, or that is intended to be, used for the purpose
of intensive plant agriculture unless the consent authority is satisfied
that—
(a)
the land is located wholly within Zone RU1
Primary Production or Zone E3 Environmental Management or a combination of
those zones, and
(b)
the lot has an area of not less than 25 hectares,
and
(c)
the land is being or will be used for the purpose
of intensive plant agriculture, and
(d)
the quality and area of the land is suitable for
the commercial production of the proposed or existing intensive plant
agriculture of the kind proposed, and
(e)
the dwelling house is required to support the
carrying out of the proposed or existing intensive plant agriculture,
and
(f)
the land—
(i)
has an average annual rainfall, recorded over a
minimum 5-year period, sufficient for the proposed use, or
(ii)
is subject, or will be subject, to irrigation
requiring a licence under the Water Act
1912 or the Water Management
Act 2000 and the volume and entitlement of water available
under that licence is or will be adequate for the purpose of intensive plant
agriculture, and
(g)
services for the supply of electricity and other
infrastructure to support the intensive plant agriculture are available or
adequate arrangements have been made to make them available when required,
and
(h)
the sustainable intensive plant agriculture
activity will have commenced or been established before the subdivision is
registered.
Note—
State Environmental Planning
Policy (Rural Lands) 2008 and the fact sheet entitled
Assessing Intensive Plant
Agriculture Developments (published by the NSW Government
in December 2011) set out other relevant issues for the consideration of
consent authorities when assessing development applications for intensive
plant agriculture.
(6)
In this clause—
existing
holding means land that—
(a)
was a holding on 24 January 1964,
and
(b)
is a holding at the time the application for
development consent referred to in subclause (3) is
lodged,
whether or not there has been a change in the ownership
of the holding since 24 January 1964, and includes any other land adjoining
that land acquired by the owner since 24 January 1964.
holding means all adjoining land,
even if separated by a road or railway, held by the same person or
persons.
Note—
The owner in whose ownership all the land is at
the time the application is lodged need not be the same person as the owner in
whose ownership all the land was on the stated date.
cl 4.2A: Am 2014
(119), Sch 1 [3].
4.2BRural subdivision for
intensive plant agriculture
(1)
The objectives of this clause are as
follows—
(a)
to enable flexibility in the application of lot
size standards for subdivision for the purpose of intensive plant agriculture,
which is intended to include an associated dwelling,
(b)
to apply controls on subdivision to avoid land
being used for non-sustainable intensive plant
agriculture.
(2)
This clause applies to land in the
following—
(a)
Zone RU1 Primary Production,
(b)
Zone E3 Environmental
Management.
(3)
Land to which this clause applies may, with
development consent, be subdivided for the purpose of intensive plant
agriculture 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, development consent must not be granted
for the creation of such a lot if an existing or new dwelling house would, as
a result of the subdivision, be situated on the lot unless the consent
authority is satisfied that—
(a)
the lot has an area of not less than 25 hectares,
and
(b)
the land is being or will be used for the purpose
of intensive plant agriculture, and
(c)
the quality and area of the land is suitable for
the commercial production of the proposed or existing intensive plant
agriculture of the kind proposed, and
(d)
the dwelling house is required to support the
carrying out of the proposed or existing intensive plant agriculture,
and
(e)
the land—
(i)
has an average annual rainfall, recorded over a
minimum 5-year period, sufficient for the proposed use, or
(ii)
is subject, or will be subject, to irrigation
requiring a licence under the Water Act
1912 or the Water Management
Act 2000 and the volume and entitlement of water available
under that licence is or will be adequate for the purpose of intensive plant
agriculture, and
(f)
services for the supply of electricity and other
infrastructure to support the intensive plant agriculture are available or
adequate arrangements have been made to make them available when required,
and
(g)
the sustainable intensive plant agriculture
activity will have commenced or been established before the subdivision is
registered.
Note—
State Environmental Planning
Policy (Rural Lands) 2008 and the fact sheet entitled
Assessing Intensive Plant
Agriculture Developments (published by the NSW Government
in December 2011) set out other relevant issues for the consideration of
consent authorities when assessing development applications for intensive
plant agriculture.
cl 4.2B: Ins 2014
(119), Sch 1 [4].
4.2CSubdivision in Zone E3
Environmental Management
(1)
This clause applies to land in Zone E3
Environmental Management.
(2)
Land to which this clause applies may, with
development consent, be subdivided—
(a)
for the following purposes—
(i)
extensive agriculture,
(ii)
intensive plant agriculture,
(iii)
aquaculture, and
(b)
to create a lot of a size that is less than the
minimum size shown on the Lot Size Map in relation to that
land.
(3)
Development consent must not be granted if, as
the result of the subdivision, an existing dwelling would be situated on a
resulting lot.
(4)
A dwelling cannot be erected on a resulting
lot.
cl 4.2C: Ins 2021
(96), Sch 1[8].
4.3Height of
buildings
(1)
The objectives of this clause are as
follows—
(a)
to provide for taller buildings in the City
centre and to enable a transition in building height in response to varying
urban character and function,
(b)
to protect the amenity of neighbouring properties
and public places, with particular regard to visual bulk, scale,
overshadowing, privacy and views.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
4.4Floor space
ratio
(1)
The objectives of this clause are as
follows—
(a)
to ensure the scale and bulk of development does
not have an unacceptable or adverse impact on streetscape and the character of
the area in which the development is located.
(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.
4.5Calculation of floor space
ratio and site area
(1)Objectives
The objectives of this clause are as
follows—
(a)
to define floor
space ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to—
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor
space ratio”
The floor
space ratio of buildings on a site is the ratio of the gross
floor area of all buildings within the site to the site
area.
(3)Site
area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to
be—
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site
area
The following land must be excluded from the site
area—
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata
subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development
to be included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be
separately considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing
buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent
“double dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If—
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected
land), and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same meaning as
it has in the Local Government Act
1993.
4.6Exceptions to development
standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental
Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living
if—
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
Note—
When this Plan was made it did not include Zone
RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots
or Zone RU6 Transition.
(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,
(ca)
clause 6.1 or 6.2.