Land
Use Table
Note—
State environmental planning policies, including
the following, may be relevant to development on land to which this Plan
applies—
State Environmental Planning
Policy (Housing) 2021
State Environmental Planning
Policy (Transport and Infrastructure) 2021, Chapter
2—relating to infrastructure facilities, including 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 (Resources and Energy) 2021, Chapter
2
State Environmental Planning
Policy (Resilience and Hazards) 2021, Chapter
3
State Environmental Planning
Policy (Biodiversity and Conservation) 2021, Chapter
7
State Environmental Planning
Policy (Industry and Employment) 2021, Chapter
3
State Environmental Planning
Policy (Primary Production) 2021, Chapter
2
Land Use tbl: Am 2011
(363), Sch 10 [2]–[32]; 2014 (169), Sch 1 [1]–[3]; 2014 (490), Sch
1 [1]–[3]; 2015 (678), Sch 1 [2]; 2016 (553), Sch 1 [1]; 2017 (493), Sch
1.1 [1]; 2018 (488), Sch 1.1 [1]; 2018 (549), Sch 1 [1]–[13]; 2019
(137), Sch 6 [1]; 2019 (184), Sch 1 [1]; 2021 (202), Sch
1[1]–[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 permit small scale rural tourism uses
associated with primary production and environmental conservation with minimal
impact on primary production and the scenic amenity of the
area.
•
To maintain the rural landscape character of the
land.
•
To protect and enhance the native flora, fauna
and biodiversity links.
•
To secure a future for agriculture in the area by
minimising the fragmentation of rural land and loss of potential agricultural
productivity.
2Permitted without consent
Extensive agriculture; Forestry; Home
occupations; Intensive plant agriculture
3Permitted with consent
Agriculture; Airstrips; Animal boarding or
training establishments; Aquaculture; Bed and breakfast accommodation; Boat
launching ramps; Boat sheds; Camping grounds; Cellar door premises;
Cemeteries; Charter and tourism boating facilities; Community facilities;
Correctional centres; Crematoria; Dual occupancies; Dwelling houses;
Eco-tourist facilities; Environmental facilities; Environmental protection
works; Extractive industries; Farm buildings; Farm stay accommodation; Flood
mitigation works; Helipads; Home-based child care; Home businesses; Home
industries; Intensive livestock agriculture; Jetties; Marinas; Markets;
Mooring pens; Moorings; Open cut mining; Plant nurseries; Recreation areas;
Recreation facilities (outdoor); Roads; Roadside stalls; Rural industries;
Rural workers’ dwellings; Sewerage systems; Timber yards; Veterinary
hospitals; Waste or resource management facilities; Water recreation
structures; Water supply systems; Wharf or boating
facilities
4Prohibited
Livestock processing industries; 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
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; Roads; Rural industries; Water
recreation structures; Water supply systems
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.
2Permitted without consent
Extensive agriculture; Forestry; Home
occupations; Intensive plant agriculture
3Permitted with consent
Agricultural produce industries; Agriculture;
Animal boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Building identification signs; Business identification signs;
Cellar door premises; Dual occupancies (attached); Dwelling houses;
Eco-tourist facilities; Environmental facilities; Environmental protection
works; Farm buildings; Farm stay accommodation; Home-based child care; Home
businesses; Home industries; Plant nurseries; Roads; Roadside stalls; Schools;
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 promote businesses and neighbourhood
activities that serve the needs of the local community.
•
To enhance the village character and
amenity.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without consent
Home occupations
3Permitted with consent
Amusement centres; Backpackers’
accommodation; Bed and breakfast accommodation; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Car parks; Charter and tourism
boating facilities; Centre-based child care facilities; Commercial premises;
Community facilities; Dual occupancies; Dwelling houses; Eco-tourist
facilities; Entertainment facilities; Environmental facilities; Environmental
protection works; Function centres; Home-based child care; Home businesses;
Home industries; Horticulture; Information and education facilities; Jetties;
Marinas; Mooring pens; Moorings; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Recreation areas; Recreation facilities (indoor);
Recreation facilities (outdoor); Registered clubs; Respite day care centres;
Restricted premises; Roads; Schools; Secondary dwellings; Service stations;
Shop top housing; Tank-based aquaculture; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Water supply
systems
4Prohibited
Specialised retail premises; 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.
2Permitted without consent
Home occupations
3Permitted with consent
Advertising structures; Attached dwellings;
Backpackers’ accommodation; Bed and breakfast accommodation; Boarding
houses; Boat launching ramps; Boat sheds; Building identification signs;
Cemeteries; Centre-based child care facilities; Community facilities; Dual
occupancies; Dwelling houses; Early education and care facilities; Educational
establishments; Emergency services facilities; Environmental protection works;
Exhibition homes; Exhibition villages; Flood mitigation works; Group homes;
Health services facilities; Home businesses; Home industries; Hostels; Hotel
or motel accommodation; Information and education facilities; Jetties;
Moorings; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Pond-based aquaculture; Recreation areas; Recreation
facilities (indoor); Residential flat buildings; Respite day care centres;
Restaurants or cafes; Roads; Secondary dwellings; Semi-detached dwellings;
Seniors housing; Service stations; Serviced apartments; Sewerage systems; Shop
top housing; Take away food and drink premises; Tank-based aquaculture;
Veterinary hospitals; Water recreation structures; Water supply
systems
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
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Boat launching
ramps; Boat sheds; Centre-based child care facilities; Dual occupancies;
Dwelling houses; Group homes; Health consulting rooms; Home-based child care;
Home businesses; Home industries; Jetties; Oyster aquaculture; Places of
public worship; Pond-based aquaculture; Recreation areas; Respite day care
centres; Roads; Schools; Tank-based aquaculture
4Prohibited
Any 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.
2Permitted without consent
Extensive agriculture; Home
occupations
3Permitted with consent
Bed and breakfast accommodation; Dual occupancies
(attached); Dwelling houses; Environmental protection works; Home-based child
care; Home businesses; Home industries; Oyster aquaculture; Pond-based
aquaculture; Recreation areas; Roads; Tank-based aquaculture; 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 which serve the needs of people who live and work
in the surrounding neighbourhood.
•
To allow residential and tourist and visitor
accommodation above retail, business and office uses to bring a higher level
of vibrancy to the centre.
•
To strengthen the local community and support the
role of the local centres.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Business premises; Centre-based
child care facilities; Community facilities; Home industries; 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; Animal boarding or training
establishments; Boat building and repair facilities; Camping grounds; Caravan
parks; Cemeteries; Charter and tourism boating facilities; Depots; Eco-tourist
facilities; Electricity generating works; Entertainment facilities; Farm
buildings; Forestry; Freight transport facilities; Funeral homes; Hardware and
building supplies; Helipads; Home occupations (sex services); Industrial
training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens;
Mortuaries; Pond-based aquaculture Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Registered clubs;
Residential accommodation; Rural industries; Sex services premises;
Specialised retail premises; Timber yards; Transport depots; Truck depots;
Vehicle repair stations; Vehicle sales or hire premises; Waste disposal
facilities; Waste or resource management facilities; 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 allow residential and tourist and visitor
accommodation above retail, business and office uses to bring a higher level
of vibrancy to the centre.
•
To support the role of the Taree central business
district.
•
To ensure quality of design of buildings and
public spaces to achieve a locality that is safe and
accessible.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Hostels;
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; Animal boarding or training
establishments; Boat building and repair facilities; Camping grounds; Caravan
parks; Cemeteries; Depots; Eco-tourist facilities; Electricity generating
works; Farm buildings; Forestry; Freight transport facilities; Helipads; Home
occupations (sex services); Industrial training facilities; Industries; Liquid
fuel depots; Marinas; Mooring pens; Mortuaries; Pond-based aquaculture
Recreation facilities (major); Recreation facilities (outdoor); Residential
accommodation; Rural industries; Sex services premises; Transport depots;
Truck depots; Vehicle repair stations; Waste disposal facilities; Waste or
resource management facilities; Wharf or boating
facilities
Zone B3Commercial Core
1Objectives of zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses which 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 encourage residential accommodation above
retail, business and office uses to bring a higher level of vibrancy to the
centre.
•
To reinforce the role of the Taree central
business district as the major regional centre.
2Permitted without consent
Home occupations
3Permitted with consent
Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Hotel or motel accommodation; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Respite day care
centres; Restricted premises; Roads; Shop top housing; Tank-based aquaculture;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Animal boarding or training
establishments; Bed and breakfast accommodation; Camping grounds; Caravan
parks; Cemeteries; Depots; Eco-tourist facilities; Electricity generating
works; Farm buildings; Forestry; Freight transport facilities; Home
occupations (sex services); Industrial training facilities; Industries; Liquid
fuel depots; Mortuaries; Pond-based aquaculture Recreation facilities
(outdoor); Residential accommodation; Rural industries; Sex services premises;
Transport depots; Truck depots; Vehicle repair stations; Waste disposal
facilities; Waste or resource management facilities; 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.
2Permitted without consent
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; Animal boarding or training
establishments; Camping grounds; Caravan parks; Cemeteries; Depots;
Eco-tourist facilities; Electricity generating works; Farm buildings;
Forestry; Freight transport facilities; Home occupations (sex services);
Industrial training facilities; Industries; Liquid fuel depots; Mortuaries;
Pond-based aquaculture Rural industries; Rural workers’ dwellings; Sex
services premises; Transport depots; Truck depots; Warehouse or distribution
centres; Waste disposal facilities; Waste or resource management facilities;
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 enable commercial and retail uses that require
a large floor area for handling, display or storage and maintain the economic
strength of centres by limiting the retailing of food and
clothing.
2Permitted without consent
Nil
3Permitted with consent
Centre-based child care facilities; Garden
centres; Hardware and building supplies; Landscaping material supplies; Oyster
aquaculture; Passenger transport facilities; Plant nurseries; Respite day care
centres; Roads; Rural supplies; Specialised retail 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; Animal boarding or training
establishments; Boat building and repair facilities; Camping grounds; Caravan
parks; Cemeteries; Charter and tourism boating facilities; Depots; Eco-tourist
facilities; Electricity generating works; Farm buildings; Forestry; Freight
transport facilities; Home-based child care; Home occupations (sex services);
Industrial training facilities; Industries; Liquid fuel depots; Marinas;
Mooring pens; Mortuaries; Office premises; Places of public worship;
Pond-based aquaculture Recreation facilities (major); Recreation facilities
(outdoor); Residential accommodation; Retail premises; Rural industries; Sex
services premises; Tourist and visitor accommodation; Transport depots; Truck
depots; Waste disposal facilities; Waste or resource management facilities;
Wharf or boating facilities
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
Home occupations
3Permitted with consent
Backpackers’ accommodation; Business
premises; Community facilities; Garden centres; Hardware and building
supplies; Hotel or motel accommodation; Kiosks; Landscaping material supplies;
Light industries; Oyster aquaculture; Passenger transport facilities; Plant
nurseries; Roads; Rural supplies; Shop top housing; 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; Animal boarding or training
establishments; Boat building and repair facilities; Camping grounds; Caravan
parks; Cemeteries; Eco-tourist facilities; Electricity generating works; Farm
buildings; Forestry; Home occupations (sex services); Industrial training
facilities; Industries; Liquid fuel depots; Marinas; Mooring pens; Pond-based
aquaculture Recreation facilities (outdoor); Registered clubs; Residential
accommodation; Retail premises; Rural industries; Sex services premises;
Tourist and visitor accommodation; Transport depots; Truck depots; Waste
disposal facilities; Waste or resource management facilities; 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 encourage innovation and sustainability in
industry.
2Permitted without consent
Nil
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; Plant
nurseries; Roads; Rural industries; Service stations; Takeaway food and drink
premises; Tank-based aquaculture; Timber yards; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Animal boarding or training
establishments; Camping grounds; Caravan parks; Charter and tourism boating
facilities; Eco-tourist facilities; Entertainment facilities; Farm buildings;
Forestry; Function centres; Home-based child care; Hospitals; Information and
education facilities; Marinas; Medical centres; Mooring pens; Office premises;
Pond-based aquaculture Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Residential accommodation; Retail premises;
Schools; Tourist and visitor accommodation; 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 encourage innovation and sustainability in
industry.
2Permitted without consent
Nil
3Permitted with consent
Depots; Food and drink premises; 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 industries; 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; Animal boarding or training
establishments; Camping grounds; Caravan parks; Charter and tourism boating
facilities; Commercial premises; Eco-tourist facilities; Entertainment
facilities; Farm buildings; Forestry; Freight transport facilities; Function
centres; Heavy industries; Home-based child care; Hospitals; Information and
education facilities; Liquid fuel depots; Marinas; Mooring pens; Mortuaries;
Pond-based aquaculture Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Residential accommodation; Schools; Tourist and
visitor accommodation; Wharf or boating facilities
Zone IN4Working Waterfront
1Objectives of zone
•
To retain and encourage waterfront industrial and
maritime activities.
•
To identify sites for maritime purposes and for
activities that require direct waterfront access.
•
To ensure that development does not have an
adverse impact on the environmental and visual qualities of the
foreshore.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of development on
land uses in other zones.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Food and drink premises; Garden centres; Hardware and
building supplies; Jetties; Landscaping material supplies; Light industries;
Plant nurseries; Roads; Rural supplies; Specialised retail premises; Timber
yards; Vehicle sales or hire premises; Any other development not specified in
item 2 or 4
4Prohibited
Agriculture; Animal boarding or training
establishments; Camping grounds; Caravan parks; Cemeteries; Centre-based child
care facilities; Commercial premises; Depots; Eco-tourist facilities;
Electricity generating works; Entertainment facilities; Farm buildings;
Forestry; Function centres; Home-based child care; Hospitals; Industries;
Mooring pens; Mortuaries; Places of public worship; Recreation facilities
(indoor); Recreation facilities (major); Residential accommodation; Respite
day care centres; Rural industries; Schools; Sex services premises; Tourist
and visitor accommodation; Truck depots; Waste disposal facilities; Waste or
resource management facilities; Wharf or boating
facilities
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
•
To encourage a range of airport-related uses
within the Taree Airport.
2Permitted without consent
Roads
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 SP3Tourist
1Objectives of zone
•
To provide for a variety of tourist-oriented
development and related uses.
•
To facilitate and encourage tourist-based
development so as to increase the economic base within the City of Greater
Taree.
•
To provide employment opportunities in the
tourism sector as part of a balanced growth strategy for the
City.
•
To facilitate the provision of limited permanent
accommodation to improve off-season viability of tourist-based
development.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Business premises; Camping grounds;
Car parks; Caravan parks; Centre-based child care facilities; Charter and
tourism boating facilities; Community facilities; Eco-tourist facilities;
Entertainment facilities; Environmental facilities; Environmental protection
works; Food and drink premises; Function centres; Information and education
facilities; Kiosks; Marinas; Mooring pens; Neighbourhood shops; Passenger
transport facilities; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Respite day care centres; Roads; Tourist and visitor accommodation;
Water recreation structures
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
•
To provide for a range of educational,
environmental, community and cultural uses for the benefit of the
community.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Flood mitigation works
3Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat
building and repair facilities; Boat launching ramps; Boat sheds; Building
identification signs; Camping grounds; Car parks; Caravan parks; Cemeteries;
Centre-based child care facilities; Charter and tourism boating facilities;
Community facilities; Crematoria; Depots; Eco-tourist facilities; Educational
establishments; Electricity generating works; Emergency services facilities;
Entertainment facilities; Environmental facilities; Extractive industries;
Function centres; Helipads; Information and education facilities; Jetties;
Kiosks; Marinas; Markets; Mooring pens; Passenger transport facilities; Public
administration buildings; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Research
stations; Respite day care centres; Restaurants or cafes; Roads; Sewage
treatment plants; Waste or resource management facilities; Water recreation
structures; Water recycling facilities; Water supply systems; Wharf or boating
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
Nil
3Permitted with consent
Aquaculture; Building identification signs;
Business identification signs; Camping grounds; Caravan parks; Car parks;
Charter and tourism boating facilities; Community facilities; Eco-tourist
facilities; Environmental facilities; Environmental protection works; Flood
mitigation works; Function centres; Helipads; Kiosks; Pubs; Recreation areas;
Recreation facilities (indoor); Recreation facilities (major); Recreation
facilities (outdoor); Registered clubs; Restaurants or cafes; Roads; Water
recreation structures
4Prohibited
Any development not specified in item 2 or
3
Zone C1National 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 C2Environmental 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
Home occupations
3Permitted with consent
Dwelling houses; Eco-tourist facilities;
Environmental facilities; Environmental protection works; 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; Rural industries; Seniors housing; Service stations; Tank-based
aquaculture; Warehouse or distribution centres; Any other development not
specified in item 2 or 3
Zone C3Environmental 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.
2Permitted without consent
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Dwelling houses;
Eco-tourist facilities; Environmental facilities; Environmental protection
works; Extensive agriculture; Farm buildings; Forestry; Oyster aquaculture;
Pond-based aquaculture; Roads; Tank-based aquaculture
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Retail premises; Seniors housing; Service stations; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone C4Environmental 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.
2Permitted without consent
Environmental protection works; Home
occupations
3Permitted with consent
Dwelling houses; Home industries; Oyster
aquaculture; Pond-based aquaculture; Roads; Tank-based
aquaculture
4Prohibited
Industries; Service stations; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Zone W2Recreational Waterways
1Objectives of zone
•
To protect the ecological, scenic and recreation
values of recreational waterways.
•
To allow for water based recreation and related
uses.
•
To provide for sustainable fishing industries and
recreational fishing.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Boat sheds; Environmental
facilities; Extractive industries; Kiosks; Marinas; Mooring pens; Water
recreation structures
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Rural industries; Seniors housing; Warehouse or distribution
centres; Any other development not specified in item 2 or
3
Zone W3Working Waterways
1Objectives of zone
•
To enable the efficient movement and operation of
commercial shipping, water-based transport and maritime
industries.
•
To promote the equitable use of waterways,
including appropriate recreational uses.
•
To minimise impacts on ecological values arising
from the active use of waterways.
•
To provide for sustainable fishing
industries.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat sheds; Environmental facilities; Extractive industries; Port facilities;
Water recreation structures; Wharf or boating
facilities
4Prohibited
Any 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 encourage the efficient use of land and its
resources,
(b)
to protect and enhance the built and natural
environment of Greater Taree City,
(c)
to minimise any potential land
conflicts.
(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
2021.
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 2021 of
land in any of the following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU4 Primary Production Small
Lots,
(c)
Zone R5 Large Lot
Residential,
(d)
Zone E2 Environmental
Conservation,
(e)
Zone E3 Environmental
Management,
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 2021) 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 10 [34].
4.1ASubdivision of certain residential
lots
Development consent must not be granted to the
subdivision of the following land unless the consent authority is satisfied
that each lot to be created by the subdivision will be connected to a
reticulated water and sewerage system—
(a)
land in Zone RU5 Village,
(b)
land in Zone R5 Large Lot Residential that is
shown on the Lot Size Map as having a minimum lot
size of 4,000 square metres,
(c)
land in Zone R1 General
Residential,
(d)
land in Zone R2 Low Density
Residential.
4.1BExceptions to minimum subdivision lot 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—
(a)
land in a residential, business or industrial
zone, or Zone RU5 Village, and
(b)
land in Zone RU1 Primary Production, Zone RU4
Primary Production Small Lots, Zone E2 Environmental Conservation or Zone E3
Environmental Management.
(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 will
contain—
(i)
land in a residential, business or industrial
zone, or Zone RU5 Village, 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 Zone RU1 Primary Production,
Zone RU4 Primary Production Small Lots, Zone E2 Environmental Conservation or
Zone E3 Environmental Management 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.
cl 4.1B: Ins 2014
(490), Sch 1 [4]. Am 2018 (549), Sch 1 [14].
4.1CExceptions to minimum subdivision lot size for land in
Zone RU1 or E2
(1)
The objective of this clause is to improve the
management of land affected by acid sulfate soils to achieve an environmental
benefit.
(2)
This clause applies to each lot (an original lot) that
contains—
(a)
land identified as “Bonus development
area” on the Big Swamp Area Map (the Map),
and
(b)
land identified as “Environmentally
sensitive area” on the Map.
(3)
Despite clause 4.1, development consent may be
granted for the subdivision of an original lot to create other lots (the
resulting lots) if the
consent authority is satisfied that—
(a)
if a resulting lot contains land identified as
“Bonus development area” on the Map, it will contain at least 5
hectares of that land, and
(b)
if a resulting lot contains land identified as
“Exclusion area” on the Map, that lot will also contain at least 5
hectares of land identified as “Bonus development area” on the
Map, and
(c)
if a resulting lot contains land identified as
“Environmentally sensitive area” on the Map, suitable arrangements
have been, or will be, made for the conservation and management of that
land.
(4)
Despite any other provision of this Plan,
development consent may be granted for the erection of a dwelling house on
land that has been subdivided under this clause if the land is identified as
“Bonus development area” on the Map.
cl 4.1C: Ins 2017
(55), Sch 1 [1].
4.1DExceptions to minimum subdivision lot size for boundary
adjustments
(1)
The objective of this clause is to facilitate
changes to boundaries between lots where one or more resultant lots do not
meet the minimum lot size, but the objectives of the relevant zone can be
achieved.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU5 Village,
(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 land to which this clause applies by way of a
boundary adjustment between adjoining lots where one or more resultant lots do
not meet the minimum lot size shown on the Lot Size
Map in relation to that land if the consent authority is
satisfied that—
(a)
the subdivision will not create additional lots,
and
(b)
the number of dwellings or opportunities for
dwellings on each lot after the subdivision will be the same as before the
subdivision, and
(c)
the potential for land use conflict will not be
increased as a result of the subdivision, and
(d)
if the land is in Zone RU1 Primary Production,
Zone RU3 Forestry or Zone RU4 Primary Production Small Lots—the
subdivision will not have a significant adverse effect on the agricultural
viability of the land, and
(e)
if the land is in Zone E2 Environmental
Conservation, Zone E3 Environmental Management or Zone E4 Environmental
Living—the subdivision will result in the continued protection and
long-term maintenance of the land.
(4)
In determining whether to grant development
consent 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 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 the subdivision is likely to be
incompatible with a use of land in any adjoining zone,
(d)
whether the subdivision is appropriate having
regard to the natural and physical constraints affecting the
land,
(e)
whether the subdivision is likely to have an
adverse impact on the environmental values of the
land.
(5)
This clause does not apply—
(a)
in relation to the subdivision of individual lots
in a strata plan or community title scheme, or
(b)
if the subdivision would create a lot that could
itself be subdivided in accordance with clause 4.1.
(6)
Despite clause 4.2A, development consent may be
granted for the erection of a dwelling house on land that, immediately before
the adjustment of its boundaries under this clause, was a lot on which the
erection of a dwelling house was permissible.
cl 4.1D: Ins 2018
(549), Sch 1 [15].
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.
(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 the introduction of unplanned rural
residential development, and
(b)
to enable the replacement of lawfully erected
dwelling houses in rural zones.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone E2 Environmental
Conservation,
(e)
Zone E3 Environmental
Management.
(3)
Development consent must not be granted for the
erection of a dwelling house on a lot in a zone to which this clause applies,
and on which no dwelling house has been legally 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
(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
immediately 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 on
land in a zone to which this clause applies if—
(a)
there is, or there was in the 5 years before the
commencement of this Plan, a lawfully erected dwelling house on the land and
the dwelling house to be erected is intended only to replace the existing or
previous 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.
(5)
In this clause—
existing holding
means—
(a)
all adjoining land, even if separated by a road
or railway, held in the same ownership—
(i)
on 2 June 1967, and
(ii)
at the time of lodging a development application
for the erection of a dwelling house under this clause,
or
(b)
where a lot was not held in ownership with any
other adjoining lot constituting part of any existing holding, the same lot,
portion or parcel of land as it was on 2 June 1967.
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 2 June 1967.
cl 4.2A: Am 2011
(363), Sch 10 [35].
4.2BMinimum subdivision lot size for strata subdivision of
residential or tourist and visitor accommodation in certain
zones
(1)
The objective of this clause is to ensure that
land this clause applies to is not fragmented by subdivision that would create
additional dwelling entitlements.
(2)
This clause applies to the subdivision of
land—
(a)
under a strata title scheme,
and
(b)
that requires development consent,
and
(c)
in Zone RU1 Primary Production, Zone RU4 Primary
Production Small Lots, Zone R5 Large Lot Residential, Zone E2 Environmental
Conservation or Zone E3 Environmental Management, and
(d)
that is being used, or is proposed to be used,
for the purpose of residential accommodation or tourist and visitor
accommodation, and
(e)
carried out after the commencement of this
Plan.
Note—
See note 2 to clause
2.6(1).
(3)
The size of each lot resulting from the
subdivision must not to be less than the minimum size shown on the Lot Size
Map in relation to that land.
cl 4.2B: Am 2011
(363), Sch 10 [35]–[37].
4.2CErection of dual occupancies in Zone
RU1
(1)
The objective of this clause is to ensure that
development is compatible with the primary production potential, rural
character and environmental capabilities of the land.
(2)
Development consent must not be granted to
development for the purpose of a dual occupancy on land in Zone RU1 Primary
Production unless the consent authority is satisfied that—
(a)
the development will not impair the use of the
land for agriculture or rural industries, and
(b)
any dwellings will be situated within 100 metres
of each other, and
(c)
the land is physically suitable for the
development, and
(d)
the land is capable of accommodating the on-site
disposal and management of sewage for the development, and
(e)
each dwelling will use the same vehicular access
to and from a public road and share a common fire break,
and
(f)
the dwellings will not have an adverse impact on
the scenic amenity or character of the rural environment,
and
(g)
the development will not have an adverse impact
on any riparian areas or on the supply of water to adjoining
land.
(3)
Development consent must not be granted to
development for the purpose of a dual occupancy on land in Zone RU1 Primary
Production unless development consent for the erection of a dwelling house on
that land may be granted in accordance with clause 4.2A.
cl 4.2C: Ins 2019
(184), Sch 1 [2].
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to ensure that the height of a building is
appropriate for the site,
(b)
to ensure that the height of a building
complements the streetscape or rural character of the area in which the
building is constructed.
(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 that the density, bulk and scale of
development is appropriate for a site,
(b)
to ensure that the density, bulk and scale of
development integrates with the streetscape and 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, RU2
Rural Landscape, RU3 Forestry, RU4 Primary Production Small Lots, RU6
Transition, R5 Large Lot Residential, C2 Environmental Conservation, C3
Environmental Management or C4 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 RU6 Transition or Zone E4 Environmental
Living.
(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,
(caa)
clause 5.5,
(ca)
clauses 6.1 and 6.2.
cl 4.6: Am 2011
(363), Sch 10 [38] [39].
Part 7Additional local provisions
7.1Acid sulfate soils
(1)
The objective of this clause is to ensure that
development does not disturb, expose or drain acid sulfate soils and cause
environmental damage.
(2)
Development consent is required for the carrying
out of works described in the Table to this subclause on land shown on the
Acid Sulfate
Soils Map as being of the class specified for those
works.
Class of land
shown on the Acid Sulfate Soils Map
Works
1
Any
works.
2a
Works below the natural ground surface.
Works by which the watertable is likely to be
lowered.
2b
Works other than ploughing below the natural
ground surface.
Works by which the watertable is likely to be
lowered.
3
Works more than 1 metre below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 1 metre below the natural ground
surface.
4
Works more than 2 metres below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 2 metres below the natural ground
surface.
5
Works within 500
metres of adjacent Class 1, 2a, 2b, 3 or 4 land that is below 5 metres
Australian Height Datum and by which the watertable is likely to be lowered
below 1 metre Australian Height Datum on adjacent Class 1, 2a, 2b, 3 or 4
land.
(3)
Development consent must not be granted under
this clause for the carrying out of works unless an acid sulfate soils
management plan has been prepared for the proposed works in accordance with
the Acid Sulfate Soils
Manual and has been provided to the consent
authority.
(4)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works if—
(a)
a preliminary assessment of the proposed works
prepared in accordance with the Acid Sulfate Soils Manual indicates that
an acid sulfate soils management plan is not required for the works,
and
(b)
the preliminary assessment has been provided to
the consent authority and the consent authority has confirmed the assessment
by notice in writing to the person proposing to carry out the
works.
(5)
Despite subclause (2), development consent is not
required under this clause for the carrying out of any of the following works
by a public authority (including ancillary work such as excavation,
construction of access ways or the supply of power)—
(a)
emergency work, being the repair or replacement
of the works of the public authority required to be carried out urgently
because the works have been damaged, have ceased to function or pose a risk to
the environment or to public health and safety,
(b)
routine maintenance work, being the periodic
inspection, cleaning, repair or replacement of the works of the public
authority (other than work that involves the disturbance of more than 1 tonne
of soil),
(c)
minor work, being work that costs less than
$20,000 (other than drainage work).
(6)
Despite subclause (2), development consent is not
required under this clause to carry out any works if—
(a)
the works involve the disturbance of less than 1
tonne of soil, and
(b)
the works are not likely to lower the
watertable.
cl 7.1: Am 2014
(169), Sch 1 [5].
7.2
cl 7.2: Am 2014
(169), Sch 1 [6] [7]. Rep 2021 (225), Sch 1.
7.3Earthworks
(1)
The objectives of this clause are as
follows—
(a)
to ensure that earthworks for which development
consent is required will not have a detrimental impact on environmental
functions and processes, neighbouring uses, cultural or heritage items or
features of the surrounding land,
(b)
to allow earthworks of a minor nature without
separate development consent.
(2)
Development consent is required for earthworks
unless—
(a)
the work is exempt development under this Plan or
another applicable environmental planning instrument, or
(b)
the work is ancillary to other development for
which development consent has been given.
(3)
Before granting development consent for
earthworks, the consent authority must consider the following
matters—
(a)
the likely disruption of, or any detrimental
effect on, existing drainage patterns and soil stability in the
locality,
(b)
the effect of the proposed development on the
likely future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the proposed development on the
existing and likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
proximity to and potential for adverse impacts on
any watercourse, drinking water catchment or environmentally sensitive
area.
Note—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
disturbing or excavating land and Aboriginal objects.
7.4Airspace operations
(1)
The objectives of this clause are as
follows—
(a)
to provide for the effective and ongoing
operation of the Taree Airport by ensuring that such operation is not
compromised by proposed development that penetrates the Limitation or
Operations Surface for that airport,
(b)
to protect the community from undue risk from
that operation.
(2)
If a development application is received and the
consent authority is satisfied that the proposed development will penetrate
the Limitation or Operations Surface, the consent authority must not grant
development consent unless it has consulted with the relevant Commonwealth
body about the application.
(3)
The consent authority may grant development
consent for the development if the relevant Commonwealth body advises
that—
(a)
the development will penetrate the Limitation or
Operations Surface but it has no objection to its construction,
or
(b)
the development will not penetrate the Limitation
or Operations Surface.
(4)
The consent authority must not grant development
consent for the development if the relevant Commonwealth body advises that the
development will penetrate the Limitation or Operations Surface and should not
be constructed.
(5)
In this clause—
Limitation or Operations
Surface means the Obstacle Limitation Surface or the
Procedures for Air Navigation Services Operations Surface as shown on the
Obstacle
Limitation Surface Map or the Procedures for Air Navigation
Services Operations Surface Map for the Taree
Airport.
relevant Commonwealth
body means the body, under Commonwealth legislation, that is
responsible for development approvals for development that penetrates the
Limitation or Operations Surface for the Taree
Airport.
cll 7.4, 7.5: Subst
2014 (169), Sch 1 [8].
7.5Development in areas subject to aircraft
noise
(1)
The objectives of this clause are as
follows—
(a)
to prevent certain noise sensitive developments
from being located near the Taree Airport and its flight
paths,
(b)
to assist in minimising the impact of aircraft
noise from that airport and its flight paths by requiring appropriate noise
attenuation measures in noise sensitive buildings,
(c)
to ensure that land use and development in the
vicinity of that airport do not hinder or have any other adverse impacts on
the ongoing, safe and efficient operation of that
airport.
(2)
This clause applies to development
that—
(a)
is on land that—
(i)
is near the Taree Airport,
and
(ii)
is in an ANEF contour of 20 or greater,
and
(b)
the consent authority considers is likely to be
adversely affected by aircraft noise.
(3)
Before determining a development application for
development to which this clause applies, the consent authority—
(a)
must consider whether the development will result
in an increase in the number of dwellings or people affected by aircraft
noise, and
(b)
must consider the location of the development in
relation to the criteria set out in Table 2.1 (Building Site Acceptability
Based on ANEF Zones) in AS
2021—2000, and
(c)
must be satisfied the development will meet the
indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for
Determination of Aircraft Noise Reduction) in AS
2021—2000.
(4)
In this clause—
ANEF contour means a
noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour
Map for the Taree Airport prepared by the Department of
the Commonwealth responsible for airports.
AS 2021—2000 means
AS 2021—2000, Acoustics—Aircraft noise intrusion—Building
siting and construction.
cll 7.4, 7.5: Subst
2014 (169), Sch 1 [8].
7.6Development on land proposed to be acquired by the
Council
(1)
The objective of this clause is to ensure that
land identified for acquisition by the Council may continue to be developed
before acquisition in a way that does not unreasonably increase the cost of
acquisition.
(2)
Development consent must not be granted for
development on land identified on the Land Reservation Acquisition
Map as being for acquisition by the Council under clause
5.1 unless the consent authority has considered the following
matters—
(a)
the need to carry out the development on the
land,
(b)
the imminence of acquisition of the
land,
(c)
the likely additional cost of acquisition because
the development was carried out.
(3)
Every subdivision containing land reserved for
the purpose of a local road must provide for the opening of the road generally
conforming to the local road reservation.
7.7Development for farm stay
accommodation
(1)
This clause applies to land in Zone RU1 Primary
Production and Zone RU4 Primary Production Small Lots.
(2)
Development consent must not be granted for
development for the purpose of farm stay accommodation on land to which this
clause applies unless a dwelling is permitted to be erected on that land under
clause 4.2A(3).
cl 7.7: Am 2011
(363), Sch 10 [35].
7.8Subdivision of land at Brimbin in Zone
RU4
(1)
The objectives of this clause are as
follows—
(a)
to permit the clustered development of
small-scale agricultural and horticultural enterprises on common
land,
(b)
to maximise provision of land for intensive
sustainable agriculture,
(c)
to protect and enhance rural
landscapes,
(d)
to provide for a range of rural land uses that do
not adversely affect surrounding land uses,
(e)
to maximise efficient servicing of lots
containing residences,
(f)
to prevent the fragmentation of rural
areas.
(2)
This clause applies to land shown coloured red
and labelled “Clause 7.8” on the Key Sites
Map.
(3)
Despite clauses 4.1, 4.1AA and 4.2B, development
consent may be granted for the community title subdivision of land to which
this clause applies to create lots of any size but only if the consent
authority is satisfied that the development would be consistent
with—
(a)
the objectives of this clause,
and
(b)
a development control plan prepared specifically
for the site.
cll 7.8, 7.9: Ins
2015 (678), Sch 1 [3].
7.9Subdivision of land at Brimbin in Zone
E4
(1)
The objectives of this clause are as
follows—
(a)
to permit the clustered development of dwellings
to allow for management of high conservation value lands,
(b)
to protect and enhance natural
landscapes,
(c)
to prevent the fragmentation of high conservation
value land.
(2)
This clause applies to land shown coloured red
and labelled “Clause 7.9” on the Key Sites
Map.
(3)
Despite clauses 4.1, 4.1AA and 4.2B, development
consent may be granted for the subdivision of land to which this clause
applies to create lots of any size but only if the consent authority is
satisfied that—
(a)
the development would be consistent with the
objectives of this clause and a development control plan prepared specifically
for the site, and
(b)
suitable arrangements have been or will be made
for the management of the land.
cll 7.8, 7.9: Ins
2015 (678), Sch 1 [3].
7.10Use of certain land at Denison Street and Emerton Close,
Cundletown
(1)
The objective of this clause is to provide for
the development of a freight hub, being development that primarily transports
goods, including any supporting development that solely supports the freight
hub, such as a kiosk.
(2)
This clause applies to the following land at
Cundletown—
(a)
Lot 681, DP 617842, certain land on Denison
Street,
(b)
Lot 1, DP 1139255, certain land on Denison
Street,
(c)
Lot 16, DP 613107, 24 Denison
Street,
(d)
Lot 2, DP 733715, 1 Emerton
Close,
(e)
Lot 1, DP 733715, 3 Emerton
Close,
(f)
Lot 1 DP 1267710, 16 Emerton
Close,
(g)
Lot 1, DP 1096868, 39 Emerton
Close.
(3)
Before granting development consent for
development on land to which this clause applies, the consent authority must
consider the following matters—
(a)
whether the proposed development is likely to
adversely affect the establishment and ongoing operation of a freight
hub,
(a1)
whether the proposed development is likely to
have an adverse impact on surrounding rural lands, including by—
(i)
restricting access to low flood risk land for
agricultural activities including holding livestock during floods,
and
(ii)
limiting the availability of suitable land for
farm buildings or dwellings,
(b)
whether the development is likely to have any
adverse impacts on the surrounding rural interface and residential
community,
(c)
whether the development has been designed to
minimise any adverse visual impact when viewed from the Pacific Highway and
Princes Street.
cl 7.10: Ins 2016
(553), Sch 1 [2]. Am 2021 (203), Sch 1[1]–[3].
7.11Essential services
Development consent must not be granted to
development unless the consent authority is satisfied that any of the
following services that are essential for the development are available or
that adequate arrangements have been made to make them available when
required—
(a)
the supply of water,
(b)
the supply of electricity,
(c)
the disposal and management of
sewage,
(d)
stormwater drainage or on-site
conservation,
(e)
suitable road access.
cll 7.11, 7.12: Ins
2018 (549), Sch 1 [16].
7.12Events permitted without development
consent
(1)
The objective of this clause is to provide for
the temporary use of public reserves and public roads for exhibitions,
meetings, concerts or events.
(2)
Despite any other provision of this Plan,
development (including any associated temporary structures) for the purpose of
a temporary event may be carried out on a public reserve or public road
without development consent.
Note—
Other approvals may be required, and must be
obtained, under other Acts, including the Local Government
Act 1993, the Roads Act
1993 and the Crown Land
Management Act 2016.
(3)
Part 2 of State
Environmental Planning Policy (Miscellaneous Consent Provisions)
2007 does not apply to development to which this clause
applies.
(4)
In this clause—
public reserve has the
same meaning as in the Local Government Act
1993.
temporary event means
an exhibition, meeting, concert or other event that is open to the public for
which land is used for a period of not more than 52 days (whether or not
consecutive) in any period of 12 months.
cll 7.11, 7.12: Ins
2018 (549), Sch 1 [16].