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 25 [2]–[19]; 2012 (577), cl 4; 2016 (168), Sch 1 [5]; 2017
(493), Sch 1.1 [1]; 2021 (54), cl 4.
Zone RU1Primary Production
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To encourage diversity in primary industry
enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of
resource lands.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To promote the use of agricultural land for
efficient and effective agricultural production.
•
To allow for the development of non-agricultural
land uses that are compatible with the character of the
zone.
•
To allow the development of processing, service
and value adding industries related to agriculture and primary industry
production.
•
To minimise the visual impact of development on
the existing agricultural landscape character.
•
To protect and enhance the water quality of
watercourses and groundwater systems and to reduce land
degradation.
•
To maintain areas of high conservation value
vegetation.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Extensive agriculture;
Farm buildings; Home-based child care; Home occupations
3Permitted with consent
Aquaculture; Bed and breakfast accommodation;
Cellar door premises; Dwelling houses; Extractive industries; Farm stay
accommodation; Garden centres; Hardware and building supplies; Intensive
livestock agriculture; Intensive plant agriculture; Landscaping material
supplies; Light industries; Open cut mining; Plant nurseries; Restaurants or
cafes; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Timber
yards; Any other development not specified in item 2 or
4
4Prohibited
Amusement centres; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks;
Caravan parks; Charter and tourism boating facilities; Centre-based child care
facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist
facilities; Entertainment facilities; Exhibition homes; Exhibition villages;
Freight transport facilities; Function centres; Health services facilities;
Heavy industrial storage establishments; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport
facilities; Public administration buildings; Recreation facilities (indoor);
Registered clubs; Residential accommodation; Respite day care centres;
Restricted premises; Service stations; Sex services premises; Storage
premises; Tourist and visitor accommodation; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Warehouse or distribution centres; Water
recreation structures; Wharf or boating facilities; Wholesale
supplies
Zone RU2Rural Landscape
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To maintain the rural landscape character of the
land.
•
To provide for a range of compatible land uses,
including extensive agriculture.
•
To preserve environmentally sensitive areas
including waterways and prevent inappropriate development likely to result in
environmental harm.
•
To protect the Pejar catchment area from
inappropriate land uses and activities and minimise risk to water
quality.
•
To minimise the visual impact of development on
the rural landscape.
•
To minimise the impact of development on the
existing agricultural landscape character.
•
To protect and enhance the water quality of
watercourses and groundwater systems and to reduce land
degradation.
•
To maintain areas of high conservation value
vegetation.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Extensive agriculture;
Farm buildings; Home-based child care; Home occupations
3Permitted with consent
Aquaculture; Bed and breakfast accommodation;
Cellar door premises; Dwelling houses; Farm stay accommodation; Garden
centres; Hardware and building supplies; Landscaping material supplies; Light
industries; Plant nurseries; Restaurants or cafes; Roads; Roadside stalls;
Rural supplies; Secondary dwellings; Timber yards; Any other development not
specified in item 2 or 4
4Prohibited
Amusement centres; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks;
Caravan parks; Charter and tourism boating facilities; Centre-based child care
facilities; Commercial premises; Crematoria; Eco-tourist facilities;
Entertainment facilities; Exhibition homes; Exhibition villages; Freight
transport facilities; Function centres; Health services facilities; Heavy
industrial storage establishments; Home occupations (sex services); Industrial
retail outlets; Industrial training facilities; Industries; Jetties; Marinas;
Mooring pens; Moorings; Mortuaries; Passenger transport facilities; Public
administration buildings; Recreation facilities (indoor); Registered clubs;
Residential accommodation; Respite day care centres; Restricted premises;
Service stations; Sex services premises; Storage premises; Tourist and visitor
accommodation; Truck depots; Vehicle body repair workshops; Vehicle repair
stations; Warehouse or distribution centres; Water recreation structures;
Wharf or boating facilities; Wholesale supplies
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
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 maintain the soil and water quality in good
condition in association with the more intensive residential development of
land within this zone.
•
To protect and enhance the water quality of
watercourses and groundwater systems and to reduce land
degradation.
•
To maintain areas of high conservation value
vegetation.
2Permitted without consent
Building identification signs; Business
identification signs; Home-based child care; Home
occupations
3Permitted with consent
Aquaculture; Bed and breakfast accommodation;
Cellar door premises; Dwelling houses; Extensive agriculture; Farm buildings;
Farm stay accommodation; Garden centres; Home industries; Intensive plant
agriculture; Landscaping material supplies; Plant nurseries; Roads; Roadside
stalls; Rural supplies; Any other development not specified in item 2 or
4
4Prohibited
Air transport facilities; Airstrips; Amusement
centres; Animal boarding or training establishments; Aquaculture; Boat
building and repair facilities; Boat launching ramps; Boat sheds; Camping
grounds; Car parks; Caravan parks; Cemeteries; Charter and tourism boating
facilities; Centre-based child care facilities; Commercial premises;
Crematoria; Depots; Eco-tourist facilities; Entertainment facilities;
Exhibition homes; Exhibition villages; Forestry; Freight transport facilities;
Function centres; Heavy industrial storage establishments; Helipads; Highway
service centres; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Information and education
facilities; Intensive livestock agriculture; Jetties; Marinas; Mooring pens;
Moorings; Mortuaries; Passenger transport facilities; Places of public
worship; Public administration buildings; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Residential accommodation;
Respite day care centres; Restricted premises; Rural industries; Service
stations; Sex services premises; Storage premises; Tourist and visitor
accommodation; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Warehouse or distribution
centres; Waste or resource management facilities; Water recreation structures;
Wharf or boating facilities; Wholesale supplies
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To ensure the orderly and efficient use of land
and infrastructure within each village.
•
To improve the amenity of residential,
commercial, civic and community uses within village areas.
•
To conserve buildings, landscape features and
streetscape features that contribute to the character and identity of village
areas.
•
To protect creeks and waterways that are
associated with the village and surrounding area.
•
To protect and enhance the water quality of
watercourses and groundwater systems and to reduce land
degradation.
•
To maintain areas of high conservation value
vegetation.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Home-based child care;
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Centre-based
child care facilities; Community facilities; Dual occupancies; Dwelling
houses; Home industries; Hotel or motel accommodation; Multi dwelling housing;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation
areas; Recreation facilities (indoor); Recreation facilities (outdoor);
Respite day care centres; Roads; Schools; Self-storage units; Seniors housing;
Shop top housing; Tank-based aquaculture; Any other development not specified
in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Cellar door premises;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Eco-tourist facilities; Electricity generating works; Extractive industries;
Farm buildings; Forestry; Freight transport facilities; Funeral homes; Heavy
industrial storage establishments; Helipads; Highway service centres; Home
occupations (sex services); Industrial training facilities; Industries;
Jetties; Marinas; Mooring; Mooring pens; Mortuaries; Open cut mining;
Passenger transport facilities; Recreation facilities (major); Research
stations; Residential accommodation; Restricted premises; Roadside stalls;
Rural industries; Sex services premises; Sewerage systems; Storage premises;
Tourist and visitor accommodation; Transport depots; Truck depots; Warehouse
or distribution centres; Waste or resource management facilities; Water
recreation structures; Water supply systems; Wharf or boating
facilities
Zone R2Low Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To facilitate the orderly and economic
development of land for residential purposes and associated urban
activities.
•
To facilitate and promote the effective provision
of affordable and suitable housing for varying household needs and community
preferences.
•
To protect creeks and waterways associated with
the immediate and surrounding area.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Home-based child care;
Home occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Centre-based child care facilities; Dual occupancies; Dwelling
houses; Group homes; Home industries; Medical centres; Multi dwelling housing;
Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Respite day
care centres; Roads; Self-storage units; Seniors housing; Shop top housing;
Tank-based aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Car parks;
Cemeteries; Charter and tourism boating facilities; 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; Helipads; Highway service
centres; Home occupations (sex services); Hospitals; Industrial retail
outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring
pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities;
Public administration buildings; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Registered clubs;
Research stations; Residential accommodation; Restricted premises; Rural
industries; Service stations; Sewerage systems; Sex services premises; Storage
premises; Tourist and visitor accommodation; Transport depots; Truck depots;
Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals;
Warehouse or distribution centres; 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 encourage subdivision of land that is
consistent with the constraints and opportunities of the
land.
•
To maintain areas of high conservation value
vegetation.
2Permitted without consent
Building identification signs; Business
identification signs; Home-based child care; Home
occupations
3Permitted with consent
Bed and breakfast accommodation; Boarding houses;
Dual occupancies; Dwelling houses; Home industries; Oyster aquaculture;
Pond-based aquaculture; Roads; Rural supplies; Tank-based aquaculture; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Car
parks; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Electricity generating works; Entertainment facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Function centres; Heavy industrial storage
establishments; Highway service centres; Helipads; Home occupations (sex
services); Industrial retail outlets; Industrial training facilities;
Industries; Information and education facilities; Jetties; Marinas; Mooring
pens; Moorings; Mortuaries; Open cut mining; Passenger transport facilities;
Places of public worship; Public administration buildings; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Residential accommodation;
Restricted premises; Rural industries; Service stations; Sewerage systems; Sex
services premises; Storage premises; Tourist and visitor accommodation;
Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair
stations; Veterinary hospitals; Warehouse or distribution centres; Waste or
resource management facilities; Water recreation structures; Water supply
systems; Wharf or boating facilities; Wholesale
supplies
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.
2Permitted without consent
Building identification signs; Business
identification signs; 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; Home industries;
Information and education facilities; Medical centres; Oyster aquaculture;
Passenger transport facilities; Recreation facilities (indoor); Registered
clubs; Respite day care centres; Restricted premises; Roads; Self-storage
units; Service stations; Shop top housing; Tank-based aquaculture; Tourist and
visitor accommodation; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Camping grounds;
Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity
generating works; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Heavy
industrial storage establishments; Helipads; Highway service centres; Home
occupations (sex services); Industrial training facilities; Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places
of public worship; Pond-based aquaculture; Recreation areas; Recreation
facilities (major); Recreation facilities (outdoor); Research stations;
Residential accommodation; Restricted premises; Rural industries; Sewerage
systems; Sex services premises; Storage premises; Transport depots; Truck
depots; Veterinary hospitals; Warehouse or distribution centres; Waste or
resource management facilities; Water recreation structures; Water supply
systems; Wharf or boating facilities; Wholesale
supplies
Zone B4Mixed Use
1Objectives of zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Home-based child care;
Home occupations
3Permitted with consent
Boarding houses; Business premises; 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; Office premises; Oyster aquaculture; Passenger transport facilities;
Recreation facilities (indoor); Registered clubs; Respite day care centres;
Restricted premises; Retail premises; Roads; Self-storage units; Seniors
housing; Shop top housing; Tank-based aquaculture; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Camping grounds;
Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria;
Depots; Eco-tourist facilities; Electricity generating works; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Heavy industrial storage establishments;
Helipads; Highway service centres; Home occupations (sex services); Industrial
training facilities; Industries; Jetties; Marinas; Mooring; Mooring pens; Open
cut mining; Places of public worship; Pond-based aquaculture; Recreation
areas; Recreation facilities (major); Recreation facilities (outdoor);
Research stations; Residential accommodation; Restricted premises; Rural
industries; Sewerage systems; Sex services premises; Storage premises; Tourist
and visitor accommodation; Transport depots; Truck depots; Warehouse or
distribution centres; Waste or resource management facilities; Water
recreation structures; Water supply systems; Wharf or boating facilities;
Wholesale supplies
Zone IN2Light Industrial
1Objectives of zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works
3Permitted with consent
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; Tank-based aquaculture; Timber yards; Vehicle sales or
hire premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Centre-based child care facilities; Commercial
premises; Community facilities; Correctional centres; Crematoria; Eco-tourist
facilities; Educational establishments; Electricity generating works;
Entertainment facilities; Exhibition homes; Exhibition villages; Farm
buildings; Forestry; Freight transport facilities; Function centres; Health
services facilities; Heavy industrial storage establishments; Highway service
centres; Home-based child care; Home businesses; Home occupations; Home
occupations (sex services); Industries; Information and education facilities;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Passenger transport
facilities; Pond-based aquaculture; Public administration buildings;
Recreation areas; Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Residential accommodation;
Respite day care centres; Restricted premises; Rural industries; Service
stations; Sewerage systems; Tourist and visitor accommodation; Transport
depots; Truck depots; Veterinary hospitals; Waste or resource management
facilities; Water recreation structures; Water supply systems; Wharf or
boating facilities; Wholesale supplies
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.
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 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.
2Permitted without consent
Environmental facilities; Environmental
protection works; Roads
3Permitted with consent
Aquaculture; Kiosks; Recreation
areas
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
Environmental protection works; Extensive
agriculture
3Permitted with consent
Dwelling houses; Environmental facilities;
Information and education facilities; Oyster aquaculture;
Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Pond-based aquaculture; Recreation
facilities (major); Residential flat buildings; Restricted premises; Retail
premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone 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.
•
To facilitate the management of environmentally
sensitive land and areas of high environmental value to the local government
area.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with consent
Dwelling houses; 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
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to provide minimum subdivision lot sizes for all
zones.
(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 RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(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 25 [22].
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).
cl 4.2: Am 2011
(363), Sch 25 [23].
4.2AMinimum 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 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 proposed to be used, for residential
accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(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
subdivision of a lot to which this clause applies under a strata plan that
would create lots below the minimum size shown on the Lot Size
Map for that lot.
Note—
See note 2 to clause 2.6
(1).
cl 4.2A: Am 2011
(363), Sch 25 [24]–[26].
4.3Height of buildings
[Not adopted]
4.4Floor space ratio
[Not adopted]
4.5Calculation of floor space ratio and site
area
[Not adopted]
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 C2 Environmental
Conservation, Zone C3 Environmental Management or Zone 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
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.
cl 4.6: Am 2011
(363), Sch 25 [27].