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 2010
(554), cl 4 (2)–(5); 2011 (363), Sch 27 [4]–[43]; 2013 (319), cl
4; 2013 (596), Sch 1 [1]–[10]; 2014 No 33, Sch 2.46 [1]; 2017 (493), Sch
1.1 [1] [2]; 2018 (382), Sch 1 [1]–[3]; 2018 (488), Sch 1.1 [1]; 2019
(137), Sch 6 [1]; 2020 (709), Sch 1[2] [3].
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 provide opportunities for
employment-generating development that adds value to local agricultural
production through food and beverage processing and integrates with
tourism.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations; Roadside
stalls
3Permitted with consent
Agriculture; Airstrips; Animal boarding or
training establishments; Aquaculture; Artisan food and drink industries; Bed
and breakfast accommodation; Cellar door premises; Community facilities; Dual
occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental
facilities; Extractive industries; Farm buildings; Farm stay accommodation;
Flood mitigation works; Forestry; Health consulting rooms; Helipads; Home
businesses; Home industries; Information and education facilities; Intensive
livestock agriculture; Intensive plant agriculture; Landscaping material
supplies; Open cut mining; Places of public worship; Plant nurseries;
Recreation areas; Recreation facilities (outdoor); Roads; Rural industries;
Secondary dwellings; Signage
4Prohibited
Any development not specified in item 2 or
3
Zone RU2Rural Landscape
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To maintain the rural landscape character of the
land.
•
To provide for a range of compatible land uses,
including extensive agriculture.
•
To provide opportunities for
employment-generating development that is compatible with, and adds value to,
local agricultural production through food and beverage processing and that
integrates with tourism.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations
3Permitted with consent
Agricultural produce industries; Agriculture;
Airstrips; Animal boarding or training establishments; Aquaculture; Artisan
food and drink industries; Bed and breakfast accommodation; Cellar door
premises; Community facilities; Dual occupancies (attached); Dwelling houses;
Eco-tourist facilities; Environmental facilities; Extractive industries; Farm
buildings; Farm stay accommodation; Flood mitigation works; Forestry; Function
centres; Health consulting rooms; Helipads; Home businesses; Home industries;
Information and education facilities; Landscaping material supplies; Places of
public worship; Plant nurseries; Recreation areas; Recreation facilities
(outdoor); Roads; Roadside stalls; Secondary dwellings;
Signage
4Prohibited
Intensive livestock agriculture; Any other
development not specified in item 2 or 3
Zone RU3Forestry
1Objectives of zone
•
To enable development for forestry
purposes.
•
To enable other development that is compatible
with forestry land uses.
2Permitted without consent
Roads; 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
Any development not specified in item 2 or
3
Zone RU4Primary Production Small Lots
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.
•
To provide for a restricted range of
employment-generating development opportunities that are compatible with
adjacent or nearby residential and agricultural
development.
•
To avoid additional degradation or fragmentation
of the natural environment caused by further clearing of native vegetation,
high intensity development and land use.
•
To maintain flora and fauna species and habitats,
communities and ecological processes that occupy land in the zone, ensuring
that development minimises any off and on site impacts on biodiversity, water
resources and natural landforms.
•
To conserve and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnant native
vegetation and fauna movement corridors as part of all new development and
land use.
•
To provide for the effective management of
remnant native vegetation within the zone, including native vegetation
regeneration, noxious and environmental weed eradication and bush fire hazard
reduction.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations
3Permitted with consent
Aquaculture; Artisan food and drink industries;
Bed and breakfast accommodation; Cellar door premises; Centre-based child care
facilities; Community facilities; Dual occupancies (attached); Dwelling
houses; Eco-tourist facilities; Environmental facilities; Farm buildings;
Flood mitigation works; Home businesses; Home industries; Intensive plant
agriculture; Landscaping material supplies; Places of public worship; Plant
nurseries; Recreation areas; Recreation facilities (outdoor); Respite day care
centres; Roads; Roadside stalls; Secondary dwellings; Signage; Water storage
facilities
4Prohibited
Any 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.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Bed and breakfast accommodation; Boarding houses;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Environmental facilities; Exhibition homes; Exhibition
villages; Group homes; Health consulting rooms; Home businesses; Home
industries; Oyster aquaculture; Places of public worship; Pond-based
aquaculture; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Respite day care centres; Roads; Seniors housing;
Serviced apartments; Signage; Tank-based aquaculture
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
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; Roads; Seniors housing; Tank-based aquaculture; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Amusement
centres; Animal boarding or training establishments; Backpackers’
accommodation; Camping grounds; Car parks; Caravan parks; Cemeteries;
Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Electricity generating works; Entertainment facilities; Extractive
industries; Farm buildings; Farm stay accommodation; Forestry; Freight
transport facilities; Function centres; Funeral homes; Heavy industrial
storage establishments; Home occupations (sex services); Hotel or motel
accommodation; Industrial retail outlets; Industrial training facilities;
Industries; Mortuaries; Open cut mining; Passenger transport facilities;
Pond-based aquaculture; Recreation facilities (major); Registered clubs;
Research stations; Restricted premises; Rural industries; Rural workers’
dwellings; Service stations; Sewage treatment plants; Sex services premises;
Storage premises; Vehicle body repair workshops; Vehicle repair stations;
Veterinary hospitals; Waste or resource management facilities; Water
recreation structures; Water supply systems; Wharf or boating facilities;
Wholesale supplies
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 a restricted range of opportunities
for employment development and community facilities and services that do not
unreasonably or significantly detract from—
(a)
the primary residential function, character and
amenity of the neighbourhood, and
(b)
the quality of the natural and built
environments.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Bed and breakfast accommodation; Dual occupancies
(attached); Dwelling houses; Group homes; Oyster aquaculture; Pond-based
aquaculture; Roads; Tank-based aquaculture; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Amusement
centres; Animal boarding or training establishments; Camping grounds; Car
parks; Caravan parks; Cemeteries; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Entertainment facilities; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Function centres; Heavy
industrial storage establishments; Home occupations (sex services); Industrial
retail outlets; Industrial training facilities; Industries; Information and
education facilities; Mortuaries; Open cut mining; Passenger transport
facilities; Recreation facilities (indoor); Recreation facilities (major);
Registered clubs; Research stations; Residential accommodation; Restricted
premises; Rural industries; Service stations; Sewage treatment plants; Sex
services premises; Storage premises; Tourist and visitor accommodation;
Transport depots; Vehicle body repair workshops; Vehicle repair stations;
Veterinary hospitals; Waste or resource management facilities; Water
recreation structures; Water supply systems; Wharf or boating facilities;
Wholesale supplies
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 generally conserve and enhance the unique
sense of place of business centre precincts in villages and towns by ensuring
that new development integrates with the distinct village scale, character,
cultural heritage and landscape setting of those places.
•
To ensure that new development has regard to the
character and amenity of adjacent and nearby residential
areas.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
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; Roads; Shop top housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Amusement
centres; Animal boarding or training establishments; Attached dwellings;
Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Correctional
centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating
works; Exhibition homes; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Function centres; Garden
centres; Hardware and building supplies; Heavy industrial storage
establishments; Home occupations (sex services); Hospitals; Hostels;
Industrial retail outlets; Industrial training facilities; Industries;
Landscaping material supplies; Mortuaries; Multi dwelling housing; Open cut
mining; Passenger transport facilities; Pond-based aquaculture; Public
administration buildings; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Registered clubs;
Research stations; Residential flat buildings; Restricted premises; Roadside
stalls; Rural industries; Rural workers’ dwellings; Seniors housing; Sex
services premises; Shops; Specialised retail premises; Storage premises;
Timber yards; Tourist and visitor accommodation; Transport depots; Vehicle
body repair workshops; Vehicle repair stations; Vehicle sales or hire
premises; Waste or resource management facilities; Water recreation
structures; Water supply systems; Wharf or boating
facilities
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 generally conserve and enhance the unique
sense of place of business centre precincts by ensuring that new development
integrates with the distinct urban scale, character, cultural heritage and
landscape setting of those places.
•
To provide opportunities for a compatible mix of
residential living above retail, commercial, recreational, cultural and
community activities at street level.
•
To ensure that adequate provision is made for
infrastructure that supports the viability of business centre precincts,
including public car parking, traffic management facilities, public transport
facilities, cyclist facilities, pedestrian access paths, amenities, facilities
for older people and people with disabilities and general public
conveniences.
•
To maximise the efficient use of land in business
centre precincts to promote more compact and accessible
places.
•
To ensure that new development has regard to the
character and amenity of adjacent and nearby residential
areas.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
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; 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; Animal
boarding or training establishments; Camping grounds; Caravan parks;
Cemeteries; Correctional centres; Crematoria; Depots; Eco-tourist facilities;
Electricity generating works; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Heavy industrial storage establishments; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries; Open
cut mining; Pond-based aquaculture; Recreation facilities (major); Recreation
facilities (outdoor); Research stations; Rural industries; Rural
workers’ dwellings; Seniors housing; Sewage treatment plants; Storage
premises; Transport depots; Waste or resource management facilities; Water
recreation structures; Water supply systems; Wharf or boating
facilities
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 ensure that new development has regard to the
character and amenity of adjacent and nearby residential
areas.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
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; Light industries; Medical
centres; Oyster aquaculture; Passenger transport facilities; Recreation
facilities (indoor); Registered clubs; 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; Amusement
centres; Animal boarding or training establishments; Camping grounds; Caravan
parks; Cemeteries; Crematoria; Depots; Eco-tourist facilities; Electricity
generating works; Exhibition villages; Extractive industries; Farm buildings;
Farm stay accommodation; Forestry; Freight transport facilities; Heavy
industrial storage establishments; Home occupations (sex services); Industrial
training facilities; Industries; Open cut mining; Pond-based aquaculture;
Recreation facilities (major); Recreation facilities (outdoor); Research
stations; Rural industries; Rural workers’ dwellings; Sewage treatment
plants; Sex services premises; Storage premises; Transport depots; Waste or
resource management facilities; Water recreation structures; Water supply
systems; Wharf or boating facilities
Zone B5Business Development
1Objectives of zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
•
To ensure that new development has regard to the
character and amenity of adjacent and nearby residential
areas.
•
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.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Centre-based child care facilities; Garden
centres; Hardware and building supplies; Landscaping material supplies; Light
industries; Oyster aquaculture; Passenger transport facilities; Plant
nurseries; Respite day care centres; Roads; Specialised retail premises;
Tank-based aquaculture; Warehouse or distribution centres; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Amusement
centres; Animal boarding or training establishments; Boarding houses; Camping
grounds; Caravan parks; Cellar door premises; Cemeteries; Correctional
centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist
facilities; Electricity generating works; Exhibition homes; Exhibition
villages; Extractive industries; Farm buildings; Farm stay accommodation;
Forestry; Freight transport facilities; Group homes; Heavy industrial storage
establishments; Home occupations (sex services); Industrial training
facilities; Industries; Open cut mining; Pond-based aquaculture; Recreation
facilities (major); Recreation facilities (outdoor); Research stations;
Restricted premises; Rural industries; Rural supplies; Rural workers’
dwellings; Secondary dwellings; Semi-detached dwellings; Sewage treatment
plants; Sex services premises; Transport depots; Waste or resource management
facilities; Water recreation structures; Water supply systems; Wharf or
boating facilities
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 ensure that new development has regard to the
character and amenity of adjacent and nearby residential
areas.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
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; Tank-based aquaculture; Warehouse or
distribution centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Amusement
centres; Animal boarding or training establishments; Camping grounds; Caravan
parks; Cellar door premises; Cemeteries; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay
accommodation; Forestry; Heavy industrial storage establishments; Home
occupations (sex services); Industrial training facilities; Industries; Open
cut mining; Pond-based aquaculture; Recreation facilities (major); Research
stations; Residential accommodation; Restricted premises; Roadside stalls;
Rural industries; Sewage treatment plants; Sex services premises; Shops; Waste
or resource management facilities; Water recreation structures; Water supply
systems; Wharf or boating facilities
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 allow a range of non-industrial land uses,
including selected commercial activities, that provide direct services to the
industrial activities and their workforce or that, due to their type, nature
or scale, are appropriately located in the zone without impacting on the
viability of business and commercial centres in
Wingecarribee.
•
To ensure that new development and land uses
incorporate measures that take account of their spatial context and mitigate
any potential impacts on neighbourhood amenity and character, or the efficient
operation of the local or regional road system.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Depots; Freight transport facilities; Garden
centres; General industries; Hardware and building supplies; Industrial
training facilities; Landscaping material supplies; Light industries;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant
nurseries; Roads; Rural supplies; 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;
Amusement centres; Business premises; Camping grounds; Cemeteries;
Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes;
Exhibition villages; Farm buildings; Forestry; Health services facilities;
Heavy industrial storage establishments; Highway service centres; Home
occupations (sex services); Industries; Open cut mining; Pond-based
aquaculture; Residential accommodation; Restricted premises; Retail premises;
Schools; Sex services premises; Tourist and visitor accommodation; Water
recreation structures; Wharf or boating facilities
Zone IN2Light Industrial
1Objectives of zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
•
To allow a range of non-industrial land uses,
including selected commercial activities, that provide direct services to the
industrial activities and their workforce or that, due to their type, nature
or scale, are appropriately located in the zone without impacting on the
viability of business and commercial centres in
Wingecarribee.
•
To ensure that new development and land uses
incorporate measures that take account of their spatial context and mitigate
any potential impacts on neighbourhood amenity and character or the efficient
operation of the local or regional road system.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Agricultural produce industries; Depots; Garden
centres; Hardware and building supplies; Industrial training facilities;
Landscaping material supplies; Light industries; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Plant nurseries; Roads; Rural supplies;
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;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Business premises; Camping grounds; Cemeteries;
Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes;
Exhibition villages; Farm buildings; Forestry; Health services facilities;
Heavy industrial storage establishments; Highway service centres; Home
occupations (sex services); Industries; Open cut mining; Pond-based
aquaculture; Residential accommodation; Restricted premises; Retail premises;
Rural industries; Schools; Sex services premises; Tourist and visitor
accommodation; Water recreation structures; Wharf or boating
facilities
Zone IN3Heavy Industrial
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
Environmental protection
works
3Permitted with consent
Depots; Freight transport facilities; General
industries; Hazardous storage establishments; Heavy industries; Offensive
storage establishments; Oyster aquaculture; Roads; 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; Camping
grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care
facilities; Commercial premises; Community facilities; Correctional centres;
Crematoria; Eco-tourist facilities; Educational establishments; Entertainment
facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry;
Function centres; Health services facilities; Highway service centres;
Home-based child care; Home businesses; Home industries; Home occupations;
Home occupations (sex services); Industrial retail outlets; Industrial
training facilities; Information and education facilities; Mortuaries; Open
cut mining; Passenger transport facilities; Places of public worship;
Pond-based aquaculture; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Residential accommodation; Respite day care centres; Restricted
premises; Self-storage units; Service stations; Sex services premises; Tourist
and visitor accommodation; Vehicle body repair workshops; Vehicle repair
stations; Veterinary hospitals; Water recreation structures; Wharf or boating
facilities
Zone SP1Special Activities
1Objectives of zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without consent
Nil
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
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
•
To ensure that the scale and character of
infrastructure is compatible with the landscape setting and built form of
surrounding development.
2Permitted without consent
Nil
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; Aquaculture;
Roads
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 ensure that development is sympathetic with
the rural setting and landscape features of the site and minimises impact on
the scenic values of nearby development and land use
activity.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Agricultural produce industries; Aquaculture;
Artisan food and drink industries; Dwelling houses; Extensive agriculture;
Food and drink premises; Intensive plant agriculture; Roads; Secondary
dwellings; Tourist and visitor accommodation; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Amusement
centres; Animal boarding or training establishments; Business premises; Car
parks; Cemeteries; Centre-based child care facilities; Community facilities;
Correctional centres; Crematoria; Depots; Educational establishments;
Electricity generating works; Exhibition homes; Exhibition villages;
Extractive industries; Forestry; Freight transport facilities; Garden centres;
Hardware and building supplies; Health services facilities; Heavy industrial
storage establishments; Home occupations (sex services); Industrial retail
outlets; Industrial training facilities; Industries; Landscaping material
supplies; Mortuaries; Office premises; Open cut mining; Passenger transport
facilities; Plant nurseries; Registered clubs; Research stations; Residential
accommodation; Respite day care centres; Restricted premises; Rural
industries; Rural supplies; Service stations; Sewage treatment plants; Sex
services premises; Shops; Specialised retail premises; Storage premises;
Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle
sales or hire premises; Veterinary hospitals; Waste or resource management
facilities; Water supply systems; Wharf or boating facilities; Wholesale
supplies
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 enable ancillary development that will
encourage the enjoyment of land zoned for open
space.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Camping grounds; Caravan parks;
Centre-based child care facilities; Community facilities; Entertainment
facilities; Environmental facilities; Function centres; Kiosks; Markets;
Places of public worship; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Respite day
care centres; Restaurants or cafes; Roads; Signage; Take away food and drink
premises; Water storage facilities
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.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations
3Permitted with consent
Airstrips; Aquaculture; Camping grounds; Caravan
parks; Cellar door premises; Centre-based child care facilities; Community
facilities; Eco-tourist facilities; Educational establishments; Entertainment
facilities; Environmental facilities; Farm buildings; Flood mitigation works;
Food and drink premises; Function centres; Helipads; Kiosks; Markets; Places
of public worship; Recreation areas; Recreation facilities (indoor);
Recreation facilities (outdoor); Registered clubs; Respite day care centres;
Roads; Roadside stalls; Signage; Tourist and visitor accommodation; Water
storage facilities
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.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Emergency services facilities; Environmental
facilities; Flood mitigation works; Oyster aquaculture;
Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Pond-based aquaculture; Recreation
facilities (major); Residential flat buildings; Restricted premises; Retail
premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone E3Environmental Management
1Objectives of zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To encourage the retention of the remaining
evidence of significant historic and social values expressed in existing
landscape and land use patterns.
•
To minimise the proliferation of buildings and
other structures in these sensitive landscape areas.
•
To provide for a restricted range of development
and land use activities that provide for rural settlement, sustainable
agriculture, other types of economic and employment development, recreation
and community amenity in identified drinking water catchment
areas.
•
To protect significant agricultural resources
(soil, water and vegetation) in recognition of their value to
Wingecarribee’s longer term economic
sustainability.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations
3Permitted with consent
Agricultural produce industries; Airstrips; Bed
and breakfast accommodation; Cellar door premises; Community facilities;
Dairies (pasture-based); Dual occupancies (attached); Dwelling houses;
Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay
accommodation; Flood mitigation works; Health consulting rooms; Helipads; Home
businesses; Horticulture; Information and education facilities; Oyster
aquaculture; Places of public worship; Pond-based aquaculture; Recreation
areas; Recreation facilities (outdoor); Roads; Roadside stalls; Secondary
dwellings; Signage; Tank-based aquaculture; Viticulture; Water storage
facilities
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 encourage the retention of the remaining
evidence of significant historic and social values expressed in existing
landscape and land use patterns.
•
To provide for a restricted range of development
and land use activities that provide for rural settlement, sustainable
agriculture and other types of economic and employment development, recreation
and community amenity in identified drinking water catchment
areas.
•
To manage land in a way that minimises impact on
its environmental and scenic value from adjacent and nearby development and
land use activity.
•
To minimise the proliferation of buildings and
other structures in these sensitive landscape
areas.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations
3Permitted with consent
Bed and breakfast accommodation; Cellar door
premises; Community facilities; Dual occupancies (attached); Dwelling houses;
Eco-tourist facilities; Environmental facilities; Farm buildings; Farm stay
accommodation; Flood mitigation works; Health consulting rooms; Home
businesses; Horticulture; Oyster aquaculture; Places of public worship;
Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor);
Roads; Roadside stalls; Secondary dwellings; Signage; Tank-based aquaculture;
Viticulture; Water storage facilities
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 identify minimum lot
sizes,
(b)
to ensure that the subdivision of land to create
new lots is compatible with the character of the surrounding land and does not
compromise existing development or amenity.
(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 land to which this clause applies
is not fragmented by subdivisions that would create additional dwelling
entitlements.
(2)
This clause applies to a subdivision (being a
subdivision that requires development consent) under the Community Land Development Act 1989 of
land in any of the following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone R5 Large Lot
Residential,
(e)
Zone E3 Environmental
Management,
(f)
Zone E4 Environmental
Living,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 1989) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
(4)
This clause applies despite clause
4.1.
cl 4.1AA: Ins 2011
(363), Sch 27 [45]. Subst 2018 (382), Sch 1 [4]. Am 2020 (341), Sch
1[2].
4.1AMinimum subdivision lot size for strata plan schemes in
certain rural and residential 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 used, or is proposed to be used, for residential accommodation
or tourist and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone R5 Large Lot
Residential,
(e)
Zone E3 Environmental
Management,
(f)
Zone E4 Environmental
Living.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies for a strata plan scheme (other than any
lot comprising common property within the meaning of the Strata Schemes Development Act 2015) is
not to be less than the minimum size shown on the Lot Size
Map in relation to that land.
Note—
Part 6 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 provides that strata subdivision of a building in
certain circumstances is specified complying
development.
(4)
This clause does not apply in relation to the
subdivision of any land by any kind of subdivision under the Community Land Development Act
1989.
cl 4.1A: Ins 2018
(382), Sch 1 [4]. Am 2020 (341), Sch 1[3][4].
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
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 and dual occupancies on land
in certain rural and environment protection zones
(1)
The objectives of this clause are as
follows—
(a)
to minimise the introduction of unplanned rural
residential development, and
(b)
to enable the replacement of lawfully erected
dwelling houses and dual occupancies in rural
zones.
(2)
This clause applies to land in the following
zones—
Zone RU1 Primary Production,
Zone RU2 Rural Landscape,
Zone RU4 Primary Production Small
Lots,
Zone E3 Environmental
Management,
Zone E4 Environmental
Living.
(3)
Development consent must not be granted for the
erection of a dwelling house or dual occupancy on a lot in a zone to which
this clause applies, and on which no dwelling house or dual occupancy has been
erected, unless the lot is—
(a)
a lot that is at least the minimum lot size
specified for that lot by the Lot Size Map, or
(ab)
a lot created under clause 4.2C(3)(a) or clause
4.2C(5)(b), or
(ac)
a lot resulting from a subdivision permitted
under clause 4.6, or
(b)
a lot created before this Plan commenced and on
which the erection of a dwelling house or dual occupancy was permissible
immediately before that commencement, or
(c)
a lot resulting from a subdivision for which
development consent (or its equivalent) was granted before this Plan commenced
and on which the erection of a dwelling house or dual occupancy 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)
Despite any other provision of this clause,
development consent may be granted for the erection of a dwelling house or
dual occupancy on land in a zone to which this clause applies if—
(a)
there is a lawfully erected dwelling house or
dual occupancy on the land and the dwelling house or dual occupancy to be
erected is intended only to replace the existing dwelling house or dual
occupancy, 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.
(5)
In this clause—
existing holding
means land that—
(a)
was a holding—
(i)
in relation to land to which the former Bowral
Planning Scheme Ordinance applied—on 8 October 1954,
or
(ii)
in relation to land to which the former Interim
Development Order No 1—Shire of Wingecarribee
applied—on 18 January 1963, or
(iii)
in relation to land to which the former Burradoo and
Environs Planning Scheme Ordinance applied—on 23
July 1965, or
(iv)
in relation to land to which the former Shire of
Mittagong Planning Scheme Ordinance applied—on 16
February 1968, and
(b)
is a holding at the time the application for
development consent referred to in subclause (3) is
lodged,
whether or not there has been a change in the ownership
of the holding since the date mentioned in paragraph (a)(i), (ii), (iii) or
(iv), and includes any other land adjoining that land acquired by the owner
since that date.
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 2011
(363), Sch 27 [46]; 2014 (457), Sch 1 [1]–[3]; 2014 (738), Sch 1 [1];
2018 (382), Sch 1 [5].
4.2BBoundary changes between lots in certain rural,
residential and environment protection zones
(1)
The objective of this clause is to permit the
boundary between 2 lots to be altered in certain circumstances, to give
landowners a greater opportunity to achieve the objectives of a
zone.
(2)
This clause applies to land in any of 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 R5 Large Lot
Residential,
(f)
Zone E2 Environmental
Conservation,
(g)
Zone E3 Environmental
Management,
(h)
Zone E4 Environmental
Living.
(3)
Despite clause 4.1(3), development consent may be
granted to the subdivision of 2 adjoining lots, being land to which this
clause applies, if the subdivision will not result in—
(a)
an increase in the number of lots,
and
(b)
an increase in the number of dwelling houses,
secondary dwellings or dual occupancies on, or dwelling houses, secondary
dwellings or dual occupancies that may be erected on, any of the lots,
and
(c)
if each lot is at least 2 hectares before the
subdivision—a lot that is less than 2
hectares.
(4)
Before determining a development application for
the subdivision of land under this clause, the consent authority must consider
the following—
(a)
the existing uses and approved uses of other land
in the vicinity of the subdivision,
(b)
whether or not the subdivision is likely to have
a significant impact on land uses that are likely to be preferred and the
predominant land uses in the vicinity of the development,
(c)
whether or not the subdivision is likely to be
incompatible with a use referred to in paragraph (a) or
(b),
(d)
whether or not the subdivision is likely to be
incompatible with a use on land in any adjoining zone,
(e)
any measures proposed by the applicant to avoid
or minimise any incompatibility referred to in paragraph (c) or
(d),
(f)
whether or not the subdivision is appropriate
having regard to the natural and physical constraints affecting the
land,
(g)
whether or not the subdivision is likely to have
an adverse impact on the environmental values or agricultural viability of the
land.
(5)
This clause does not apply—
(a)
in relation to the subdivision of individual lots
in a strata plan or a community title scheme, or
(b)
if the subdivision would create a lot that could
itself be subdivided in accordance with clause 4.1.
cl 4.2B: Ins 2014
(246), Sch 1. Am 2014 (395), cl 4; 2018 (382), Sch 1 [6].
4.2CExceptions to minimum subdivision lots sizes for certain
split zones
(1)
The objectives of this clause are as
follows—
(a)
to provide for the subdivision of lots that are
within more than one zone but cannot be subdivided under clause
4.1,
(b)
to ensure that the subdivision occurs in a manner
that promotes suitable land uses and development.
(2)
This clause applies to each lot (an original lot) that
contains land in more than one zone.
(3)
Despite clause 4.1, development consent must not
be granted to subdivide an original lot to create other lots (resulting lots)
unless—
(a)
one of the resulting lots will
contain—
(i)
land in Zone RU4 Primary Production Small Lots,
in Zone E4 Environmental Living or in a residential zone that has an area that
is not less than the minimum size shown on the Lot Size
Map in relation to that land, and
(ii)
all of the land in all other zones that was in
the original lot; and
(b)
all other resulting lots will contain land that
has an area that is not less than the minimum size shown on the Lot Size
Map in relation to that land.
(4)
For the purposes of calculating an area of land
under subclause (3), the area of any access handle used for the purpose of
providing vehicular access from the lot to a road is not to be
included.
(5)
Despite subclause (3), development consent may be
granted to subdivide an original lot if—
(a)
the lots to be created from the subdivision will
each contain land in only one zone, or
(b)
the lots to be created from the subdivision will
each contain land in more than one zone and any land in Zone RU4 Primary
Production Small Lots, in Zone E4 Environmental Living or in a residential
zone will have an area that is not less than the minimum size shown on the Lot
Size Map in relation to that land.
(6)
A lot created under subclause (5)(b) must not be
further subdivided under this clause.
cll 4.2C, 4.2D: Ins
2014 (738), Sch 1 [2].
4.2DExceptions to minimum subdivision lot sizes for certain
rural subdivisions
(1)
The objective of this clause is to enable the
subdivision of land in rural areas to create lots of an appropriate size to
meet the needs of permissible uses other than for the purpose of dwelling
houses or dual occupancies.
(2)
This clause applies to the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone E3 Environmental
Management.
(3)
Land to which this clause applies may, with
development consent, be subdivided 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 if
the consent authority is satisfied that the use of the land after the
subdivision will be the same use (other than a dwelling house or a dual
occupancy) permitted under any existing development consent for the
land.
(4)
Development consent must not be granted for the
subdivision of land to which this clause applies unless the consent authority
is satisfied that—
(a)
the subdivision will not adversely affect the use
of the surrounding land for agriculture, and
(b)
the subdivision is necessary for the ongoing
operation of the permissible use, and
(c)
the subdivision is appropriate having regard to
the natural and physical constraints affecting the
land.
cll 4.2C, 4.2D: Ins
2014 (738), Sch 1 [2].
4.2EMinimum lot size for dual
occupancies
(1)
The objective of this clause is to ensure that
dual occupancy development is compatible with the character of existing
development within the surrounding area.
(2)
This clause applies to land in the following
zones—
(a)
Zone R2 Low Density
Residential,
(b)
Zone R3 Medium Density
Residential.
(3)
Development consent must not be granted for
development for the purposes of a dual occupancy on a lot in a zone to which
this clause applies unless the area of the lot is at least 1,000 square
metres.
cll 4.2E, 4.2F: Ins
2020 (341), Sch 1[5].
4.2FMinimum subdivision lot sizes for dual occupancies in
certain zones
(1)
The objective of this clause is to ensure that
dual occupancy development is compatible with the character of existing
development within the surrounding area.
(2)
This clause applies to land in the following
zones—
(a)
Zone R2 Low Density
Residential,
(b)
Zone R3 Medium Density
Residential.
(3)
Despite clause 4.1, development consent may be
granted for the subdivision of land to which this clause applies if the
consent authority is satisfied that—
(a)
there is an existing dual occupancy on the land
that was lawfully erected under an environmental planning instrument,
or
(b)
the application for development consent also
provides for the erection of a dual occupancy on the
land.
(4)
In addition to the matters listed in subclause
(3), the consent authority must be satisfied that—
(a)
the lot size of each resulting lot will be 50% of
the minimum lot size shown on the Lot Size Map in relation to the land,
and
(b)
the lot size of each resulting lot will be at
least 600 square metres, and
(c)
there will be no more than 1 dwelling on each
resulting lot.
(5)
If an application is made to which subclause
(3)(b) applies, the subdivision must not occur before an occupation
certificate has been issued for each dwelling forming part of the dual
occupancy.
cll 4.2E, 4.2F: Ins
2020 (341), Sch 1[5].
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to identify maximum heights of
buildings,
(b)
to ensure that the heights of buildings are
compatible with the character of the existing development within the
surrounding area.
(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 identify maximum floor space ratios in major
centres,
(b)
to ensure that floor space ratios provide
development opportunities that are compatible with building
heights,
(c)
to encourage development in locations readily
accessible to public transport and services that will provide increased
employment opportunities.
(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
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 7.10.
cl 4.6: Am 2011
(363), Sch 27 [47].