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 2016
(168), Sch 1 [2]; 2017 (493), Sch 1.1 [1].
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.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Forestry; Home businesses; Home occupations; Intensive plant
agriculture
3Permitted with consent
Air transport facilities; Airstrips; Animal
boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Boat launching ramps; Boat sheds; Camping grounds; Car parks;
Cellar door premises; Cemeteries; Community facilities; Correctional centres;
Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities;
Educational establishments; Environmental facilities; Extractive industries;
Farm buildings; Farm stay accommodation; Flood mitigation works; Freight
transport facilities; Helipads; Highway service centres; Home industries;
Industrial training facilities; Information and education facilities;
Intensive livestock agriculture; Jetties; Landscaping material supplies;
Mortuaries; Neighbourhood shops; Open cut mining; Plant nurseries; Recreation
areas; Recreation facilities (major); Recreation facilities (outdoor); Roads;
Roadside stalls; Rural industries; Rural workers’ dwellings; Signage;
Veterinary hospitals; Water recreation structures; Water supply
systems
4Prohibited
Any development not specified in item 2 or
3
Zone RU3Forestry
1Objectives of zone
•
To enable development for forestry
purposes.
•
To enable other development that is compatible
with forestry land uses.
2Permitted without consent
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B
(Private native forestry) of the Local Land
Services Act 2013
3Permitted with consent
Aquaculture
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural
village.
2Permitted without consent
Environmental protection works; Home occupations;
Roads
3Permitted with consent
Centre-based child care facilities; Community
facilities; Dwelling houses; Liquid fuel depots; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Recreation areas; Recreation facilities
(indoor); Recreation facilities (outdoor); Respite day care centres; Schools;
Tank-based aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Cellar door premises; Crematoria; Electricity generating works; Extractive
industries; Farm buildings; Farm stay accommodation; Forestry; Heavy
industrial storage establishments; Heavy industries; Home occupations (sex
services); Marinas; Mooring pens; Moorings; Open cut mining; Rural
workers’ dwellings; Waste disposal facilities; Wharf or boating
facilities
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; Roads
3Permitted with consent
Attached dwellings; Boarding houses; Building
identification signs; Business identification signs; Centre-based child care
facilities; Community facilities; Dwelling houses; Group homes; Home
industries; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Pond-based aquaculture; Residential
flat buildings; Respite day care centres; Semi-detached dwellings; Seniors
housing; Sewage reticulation systems; 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;
Backpackers’ accommodation; Boat building and repair facilities; Boat
launching ramps; Boat sheds; Camping grounds; Car parks; Cemeteries; Charter
and tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Entertainment facilities; Environmental facilities; Extractive industries;
Farm buildings; Farm stay accommodation; 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; 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; Restricted premises; Rural industries; Rural
workers’ dwellings; Service stations; Sewerage systems; Sex services
premises; Signage; Storage premises; 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.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations; Roads
3Permitted with consent
Backpackers’ accommodation; Bed and
breakfast accommodation; Building identification signs; Business
identification signs; Dual occupancies; Dwelling houses; Group homes; Home
industries; Kiosks; Neighbourhood shops; Oyster aquaculture; Plant nurseries;
Pond-based aquaculture; Roadside stalls; Tank-based aquaculture; Waste or
resource transfer stations; Any other development not specified in item 2 or
4
4Prohibited
Air transport facilities; Airstrips; Amusement
centres; Biosolids treatment facilities; Boat building and repair facilities;
Car parks; Charter and tourism boating facilities; Commercial premises;
Correctional centres; Crematoria; Depots; Electricity generating works;
Entertainment facilities; Extractive industries; 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; Intensive
livestock agriculture; Marinas; Mooring pens; Moorings; Mortuaries; Open cut
mining; Public administration buildings; Recreation facilities (indoor);
Recreation facilities (major); Registered clubs; Research stations;
Residential accommodation; Restricted premises; Rural industries; Service
stations; Sewage treatment plants; Sex services premises; Signage; Storage
premises; Tourist and visitor accommodation; Transport depots; Truck depots;
Vehicle body repair workshops; Vehicle repair stations; Warehouse or
distribution centres; Waste or resource management facilities; Water treatment
facilities; 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
Home businesses; Home occupations;
Roads
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Dwelling houses;
Educational establishments; Entertainment facilities; Function centres; Home
industries; Hostels; Information and education facilities; Medical centres;
Oyster aquaculture; Passenger transport facilities; Recreation facilities
(indoor); Registered clubs; Residential flat buildings; Respite day care
centres; Restricted premises; Seniors housing; Service stations; Shop top
housing; Tank-based aquaculture; Tourist and visitor accommodation; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Biosolids treatment 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; Environmental
facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Heavy industrial storage
establishments; Helipads; Industrial retail outlets; Industrial training
facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries;
Open cut mining; Pond-based aquaculture; Recreation areas; Recreation
facilities (major); Recreation facilities (outdoor); Research stations;
Residential accommodation; Rural industries; Sewage treatment plants; Sex
services premises; Storage premises; Transport depots; Truck depots; Warehouse
or distribution centres; Waste or resource management facilities; Water
recreation structures; Water recycling facilities; Water supply systems;
Wholesale supplies
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 businesses; Home
occupations
3Permitted with consent
Boarding houses; Business premises; Community
facilities; Garden centres; Hardware and building supplies; Hotel or motel
accommodation; Landscaping material supplies; Light industries; Neighbourhood
shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries;
Roads; Shop top housing; Tank-based aquaculture; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Cellar door premises; Cemeteries; Charter and tourism
boating facilities; Correctional centres; Crematoria; Electricity generating
works; Environmental facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Farm stay accommodation; Forestry;
Heavy industrial storage establishments; Helipads; Industrial training
facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries;
Open cut mining; Pond-based aquaculture; Pubs; Recreation areas; Recreation
facilities (major); Recreation facilities (outdoor); Residential
accommodation; Rural industries; Sewage treatment plants; Sex services
premises; Shops; Vehicle body repair workshops; Vehicle repair stations; Waste
or resource management facilities; Water recreation structures; Water
recycling facilities; Water supply systems
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.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Depots; Freight transport facilities; Funeral
homes; Garden centres; General industries; Hardware and building supplies;
Industrial training facilities; Kiosks; Landscaping material supplies; Light
industries; Liquid fuel depots; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Plant nurseries; Roads; Rural supplies; Take away
food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales
or hire premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Camping grounds; Caravan parks; Cemeteries; Centre-based
child care facilities; Commercial premises; Eco-tourist facilities;
Educational establishments; Entertainment facilities; Exhibition homes;
Exhibition villages; Farm buildings; Forestry; Function centres; Health
services facilities; Heavy industrial storage establishments; Home-based child
care; Home businesses; Home occupations; Home occupations (sex services);
Information and education facilities; Marinas; Mooring pens; Moorings; Open
cut mining; Pond-based aquaculture; Public administration buildings;
Registered clubs; Residential accommodation; Respite day care centres; Tourist
and visitor accommodation
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 protection works;
Roads
3Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds;
Building identification signs; Business identification signs; Camping grounds;
Charter and tourism boating facilities; Community facilities; Environmental
facilities; Forestry; Heliports; Information and education facilities;
Jetties; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Water recreation
structures; Water recycling facilities; Water supply
systems
4Prohibited
Water treatment facilities; Any other development
not specified in item 2 or 3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Airstrips; Amusement centres; Aquaculture; Boat
launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and
tourism boating facilities; Centre-based child care facilities; Community
facilities; Eco-tourist facilities; Emergency services facilities;
Entertainment facilities; Environmental facilities; Food and drink premises;
Forestry; Function centres; Helipads; Information and education facilities;
Jetties; Kiosks; Passenger transport facilities; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Respite day care centres; Roads; Seniors housing;
Serviced apartments; Signage; Tourist and visitor accommodation; Water
recreation structures; Water recycling facilities; Water supply
systems
4Prohibited
Bed and breakfast accommodation; Farm stay
accommodation; Any other 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
Part 5Miscellaneous provisions
5.1Relevant acquisition authority
(1)
The objective of this clause is to identify, for
the purposes of section 3.15 of the Act, the authority of the State that will
be the relevant authority to acquire land reserved for certain public purposes
if the land is required to be acquired under Division 3 of Part 2 of the
Land Acquisition (Just Terms Compensation) Act
1991 (the
owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there
is any delay in the land being acquired by the relevant authority, section 23
of the Land Acquisition (Just Terms
Compensation) Act 1991 requires the authority to acquire
the land.
(2)
The authority of the State that will be the
relevant authority to acquire land, if the land is required to be acquired
under the owner-initiated acquisition provisions, is the authority of the
State specified below in relation to the land shown on the Land Reservation Acquisition
Map (or, if an authority of the State is not specified in
relation to land required to be so acquired, the authority designated or
determined under those provisions).
Type of land
shown on Map
Authority of the
State
Zone RE1 Public
Recreation and marked “Local open space”
Council
Zone RE1 Public
Recreation and marked “Regional open space”
The corporation
constituted under section 2.5 of the Act
Zone SP2
Infrastructure and marked “Classified road”
Transport for
NSW
Zone C1 National
Parks and Nature Reserves and marked “National
Park”
Minister
administering the National Parks and Wildlife Act
1974
(3)
Development on land acquired by an authority of
the State under the owner-initiated acquisition provisions may, before it is
used for the purpose for which it is reserved, be carried out, with
development consent, for any purpose.
5.2Classification and reclassification of public
land
(1)
The objective of this clause is to enable the
Council to classify or reclassify public land as “operational
land” or “community land” in accordance with Part 2 of
Chapter 6 of the Local Government Act
1993.
Note—
Under the Local Government
Act 1993, “public land” is generally land
vested in or under the control of a council (other than roads and certain
Crown land). The classification or reclassification of public land may also be
made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of
that Act enables this Plan to discharge trusts on which public reserves are
held if the land is reclassified under this Plan as operational
land.
(2)
The public land described in Part 1 or Part 2 of
Schedule 4 is classified, or reclassified, as operational land for the
purposes of the Local Government Act
1993.
(3)
The public land described in Part 3 of Schedule 4
is classified, or reclassified, as community land for the purposes of the
Local Government Act
1993.
(4)
The public land described in Part 1 of Schedule
4—
(a)
does not cease to be a public reserve to the
extent (if any) that it is a public reserve, and
(b)
continues to be affected by any trusts, estates,
interests, dedications, conditions, restrictions or covenants that affected
the land before its classification, or reclassification, as operational
land.
(5)
The public land described in Part 2 of Schedule
4, to the extent (if any) that it is a public reserve, ceases to be a public
reserve when the description of the land is inserted into that Part and is
discharged from all trusts, estates, interests, dedications, conditions,
restrictions and covenants affecting the land or any part of the land,
except—
(a)
those (if any) specified for the land in Column 3
of Part 2 of Schedule 4, and
(b)
any reservations that except land out of the
Crown grant relating to the land, and
(c)
reservations of minerals (within the meaning of
the Crown Land Management Act
2016).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval
of the Governor to subclause (5) applying to the public land concerned is
required before the description of the land is inserted in Part 2 of Schedule
4.
5.3Development near zone boundaries
(1)
The objective of this clause is to provide
flexibility where the investigation of a site and its surroundings reveals
that a use allowed on the other side of a zone boundary would enable a more
logical and appropriate development of the site and be compatible with the
planning objectives and land uses for the adjoining
zone.
(2)
This clause applies to so much of any land that
is within the relevant distance of a boundary between any 2 zones. The
relevant distance is 20 metres.
(3)
This clause does not apply to—
(a)
land in Zone RE1 Public Recreation, Zone C1
National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone
C3 Environmental Management or Zone W1 Natural Waterways,
or
(b)
land within the coastal zone,
or
(c)
land proposed to be developed for the purpose of
sex services or restricted premises.
Note—
When this Plan was made it did not include all of
these zones.
(4)
Despite the provisions of this Plan relating to
the purposes for which development may be carried out, development consent may
be granted to development of land to which this clause applies for any purpose
that may be carried out in the adjoining zone, but only if the consent
authority is satisfied that—
(a)
the development is not inconsistent with the
objectives for development in both zones, and
(b)
the carrying out of the development is desirable
due to compatible land use planning, infrastructure capacity and other
planning principles relating to the efficient and timely development of
land.
(5)
This clause does not prescribe a development
standard that may be varied under this Plan.
5.4Controls relating to miscellaneous permissible
uses
(1)Bed and breakfast
accommodation
If development for the purposes of bed and
breakfast accommodation is permitted under this Plan, the accommodation that
is provided to guests must consist of no more than 5 bedrooms.
Note—
Any such development that provides for a certain
number of guests or rooms may involve a change in the class of building under
the Building Code of
Australia.
(2)Home businesses
If development for the purposes of a home
business is permitted under this Plan, the carrying on of the business must
not involve the use of more than 50 square metres of floor
area.
(3)Home industries
If development for the purposes of a home
industry is permitted under this Plan, the carrying on of the home industry
must not involve the use of more than 80 square metres of floor
area.
(4)Industrial retail outlets
If development for the purposes of an industrial
retail outlet is permitted under this Plan, the retail floor area must not
exceed—
(a)
30% of the gross floor area of the industry or
rural industry located on the same land as the retail outlet,
or
(b)
100 square metres,
whichever is the lesser.
(5)Farm stay accommodation
If development for the purposes of farm stay
accommodation is permitted under this Plan, the accommodation that is provided
to guests must consist of no more than 10 bedrooms.
(6)Kiosks
If development for the purposes of a kiosk is
permitted under this Plan, the gross floor area must not exceed 20 square
metres.
(7)Neighbourhood shops
If development for the purposes of a
neighbourhood shop is permitted under this Plan, the retail floor area must
not exceed 100 square metres.
(7AA)Neighbourhood supermarkets
If development for the purposes of a
neighbourhood supermarket is permitted under this Plan, the gross floor area
must not exceed 1,000 square metres.
(8)Roadside stalls
If development for the purposes of a roadside
stall is permitted under this Plan, the gross floor area must not exceed 20
square metres.
(9)Secondary dwellings on land other than land in a
rural zone
If development for the purposes of a secondary
dwelling is permitted under this Plan on land other than land in a rural zone,
the total floor area of the dwelling, excluding any area used for parking,
must not exceed whichever of the following is the greater—
(a)
60 square metres,
(b)
30% of the total floor area of the principal
dwelling.
(10)Artisan food and drink industry
exclusion
If development for the purposes of an artisan
food and drink industry is permitted under this Plan in Zone E3 Productivity
Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working
Waterfront or an industrial or rural zone, the floor area used for retail
sales (not including any cafe or restaurant area) must not
exceed—
(a)
30% of the gross floor area of the industry,
or
(b)
100 square metres,
whichever is the lesser.
cl 5.4: Am 2018
(406), Sch 1.147 [1] [2].
5.5Controls relating to secondary dwellings on land in a rural
zone
[Not adopted]
5.6Architectural roof features
[Not adopted]
5.7Development below mean high water
mark
[Not applicable]
5.8Conversion of fire alarms
(1)
This clause applies to a fire alarm system that
can be monitored by Fire and Rescue NSW or by a private service
provider.
(2)
The following development may be carried out, but
only with development consent—
(a)
converting a fire alarm system from connection
with the alarm monitoring system of Fire and Rescue NSW to connection with the
alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with the alarm monitoring system of another private service
provider,
(c)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with a different alarm monitoring system of the same private service
provider.
(3)
Development to which subclause (2) applies is
complying development if it consists only of—
(a)
internal alterations to a building,
or
(b)
internal alterations to a building together with
the mounting of an antenna, and any support structure, on an external wall or
roof of a building so as to occupy a space of not more than 450mm × 100mm
× 100mm.
(4)
A complying development certificate for any such
complying development is subject to a condition that any building work may
only be carried out between 7.00 am and 6.00 pm on Monday to Friday and
between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a
Sunday or a public holiday.
(5)
In this clause—
private service
provider means a person or body that has entered into an
agreement that is in force with Fire and Rescue NSW to monitor fire alarm
systems.
5.9Dwelling house or secondary dwelling affected by natural
disaster
(1)
The objective of this clause is to enable the
repair or replacement of lawfully erected dwelling houses and secondary
dwellings that have been damaged or destroyed by a natural
disaster.
(2)
This clause applies to land in the following
zones—
(a)
RU1 Primary Production,
(b)
RU5 Village,
(c)
R5 Large Lot
Residential.
(3)
Despite the other provisions of this Plan,
development consent may be granted to development on land to which this clause
applies to enable a dwelling house or secondary dwelling that has been damaged
or destroyed by a natural disaster to be repaired or replaced if—
(a)
the dwelling house or secondary dwelling was
lawfully erected, and
(b)
the development application seeking the
development consent is made to the consent authority no later than 5 years
after the day on which the natural disaster caused the damage or
destruction.
cl 5.9: Ins 2021
(302), Sch 1.33.
5.9AA
5.10Heritage conservation
Note—
Heritage items (if any) are listed and described
in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage
Map as well as being described in Schedule
5.
(1)Objectives
The objectives of this clause are as
follows—
(a)
to conserve the environmental heritage of
Warrumbungle,
(b)
to conserve the heritage significance of heritage
items and heritage conservation areas, including associated fabric, settings
and views,
(c)
to conserve archaeological
sites,
(d)
to conserve Aboriginal objects and Aboriginal
places of heritage significance.
(2)Requirement for consent
Development consent is required for any of the
following—
(a)
demolishing or moving any of the following or
altering the exterior of any of the following (including, in the case of a
building, making changes to its detail, fabric, finish or
appearance)—
(i)
a heritage item,
(ii)
an Aboriginal object,
(iii)
a building, work, relic or tree within a heritage
conservation area,
(b)
altering a heritage item that is a building by
making structural changes to its interior or by making changes to anything
inside the item that is specified in Schedule 5 in relation to the
item,
(c)
disturbing or excavating an archaeological site
while knowing, or having reasonable cause to suspect, that the disturbance or
excavation will or is likely to result in a relic being discovered, exposed,
moved, damaged or destroyed,
(d)
disturbing or excavating an Aboriginal place of
heritage significance,
(e)
erecting a building on land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance,
(f)
subdividing land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance.
(3)When consent not required
However, development consent under this clause is
not required if—
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development—
(i)
is of a minor nature or is for the maintenance of
the heritage item, Aboriginal object, Aboriginal place of heritage
significance or archaeological site or a building, work, relic, tree or place
within the heritage conservation area, and
(ii)
would not adversely affect the heritage
significance of the heritage item, Aboriginal object, Aboriginal place,
archaeological site or heritage conservation area,
or
(b)
the development is in a cemetery or burial ground
and the proposed development—
(i)
is the creation of a new grave or monument, or
excavation or disturbance of land for the purpose of conserving or repairing
monuments or grave markers, and
(ii)
would not cause disturbance to human remains,
relics, Aboriginal objects in the form of grave goods, or to an Aboriginal
place of heritage significance, or
(c)
the development is limited to the removal of a
tree or other vegetation that the Council is satisfied is a risk to human life
or property, or
(d)
the development is exempt
development.
(4)Effect of proposed development on heritage
significance
The consent authority must, before granting
consent under this clause in respect of a heritage item or heritage
conservation area, consider the effect of the proposed development on the
heritage significance of the item or area concerned. This subclause applies
regardless of whether a heritage management document is prepared under
subclause (5) or a heritage conservation management plan is submitted under
subclause (6).
(5)Heritage assessment
The consent authority may, before granting
consent to any development—
(a)
on land on which a heritage item is located,
or
(b)
on land that is within a heritage conservation
area, or
(c)
on land that is within the vicinity of land
referred to in paragraph (a) or (b),
require a heritage management document to be prepared
that assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item or heritage
conservation area concerned.
(6)Heritage conservation management
plans
The consent authority may require, after
considering the heritage significance of a heritage item and the extent of
change proposed to it, the submission of a heritage conservation management
plan before granting consent under this clause.
(7)Archaeological sites
The consent authority must, before granting
consent under this clause to the carrying out of development on an
archaeological site (other than land listed on the State Heritage Register or
to which an interim heritage order under the Heritage Act
1977 applies)—
(a)
notify the Heritage Council of its intention to
grant consent, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(8)Aboriginal places of heritage
significance
The consent authority must, before granting
consent under this clause to the carrying out of development in an Aboriginal
place of heritage significance—
(a)
consider the effect of the proposed development
on the heritage significance of the place and any Aboriginal object known or
reasonably likely to be located at the place by means of an adequate
investigation and assessment (which may involve consideration of a heritage
impact statement), and
(b)
notify the local Aboriginal communities, in
writing or in such other manner as may be appropriate, about the application
and take into consideration any response received within 28 days after the
notice is sent.
(9)Demolition of nominated State heritage
items
The consent authority must, before granting
consent under this clause for the demolition of a nominated State heritage
item—
(a)
notify the Heritage Council about the
application, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(10)Conservation incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item or of the
land on which such a building is erected, or for any purpose on an Aboriginal
place of heritage significance, even though development for that purpose would
otherwise not be allowed by this Plan, if the consent authority is satisfied
that—
(a)
the conservation of the heritage item or
Aboriginal place of heritage significance is facilitated by the granting of
consent, and
(b)
the proposed development is in accordance with a
heritage management document that has been approved by the consent authority,
and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
management document is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
or the heritage significance of the Aboriginal place of heritage significance,
and
(e)
the proposed development would not have any
significant adverse effect on the amenity of the surrounding
area.
5.11Bush fire hazard reduction
Bush fire hazard reduction work authorised by the
Rural Fires Act 1997 may be carried out
on any land without development consent.
Note—
The Rural Fires Act
1997 also makes provision relating to the carrying out of
development on bush fire prone land.
5.12Infrastructure development and use of existing buildings
of the Crown
(1)
This Plan does not restrict or prohibit, or
enable the restriction or prohibition of, the carrying out of any development,
by or on behalf of a public authority, that is permitted to be carried out
with or without development consent, or that is exempt development, under
State Environmental Planning Policy (Transport and
Infrastructure) 2021, Chapter 2.
(2)
This Plan does not restrict or prohibit, or
enable the restriction or prohibition of, the use of existing buildings of the
Crown by the Crown.
5.13Eco-tourist facilities
(1)
The objectives of this clause are as
follows—
(a)
to maintain the environmental and cultural values
of land on which development for the purposes of eco-tourist facilities is
carried out,
(b)
to provide for sensitively designed and managed
eco-tourist facilities that have minimal impact on the environment both on and
off-site.
(2)
This clause applies if development for the
purposes of an eco-tourist facility is permitted with development consent
under this Plan.
(3)
The consent authority must not grant consent
under this Plan to carry out development for the purposes of an eco-tourist
facility unless the consent authority is satisfied that—
(a)
there is a demonstrated connection between the
development and the ecological, environmental and cultural values of the site
or area, and
(b)
the development will be located, constructed,
managed and maintained so as to minimise any impact on, and to conserve, the
natural environment, and
(c)
the development will enhance an appreciation of
the environmental and cultural values of the site or area,
and
(d)
the development will promote positive
environmental outcomes and any impact on watercourses, soil quality, heritage
and native flora and fauna will be minimal, and
(e)
the site will be maintained (or regenerated where
necessary) to ensure the continued protection of natural resources and
enhancement of the natural environment, and
(f)
waste generation during construction and
operation will be avoided and that any waste will be appropriately removed,
and
(g)
the development will be located to avoid
visibility above ridgelines and against escarpments and from watercourses and
that any visual intrusion will be minimised through the choice of design,
colours, materials and landscaping with local native flora,
and
(h)
any infrastructure services to the site will be
provided without significant modification to the environment,
and
(i)
any power and water to the site will, where
possible, be provided through the use of passive heating and cooling,
renewable energy sources and water efficient design, and
(j)
the development will not adversely affect the
agricultural productivity of adjoining land, and
(k)
the following matters are addressed or provided
for in a management strategy for minimising any impact on the natural
environment—
(i)
measures to remove any threat of serious or
irreversible environmental damage,
(ii)
the maintenance (or regeneration where necessary)
of habitats,
(iii)
efficient and minimal energy and water use and
waste output,
(iv)
mechanisms for monitoring and reviewing the
effect of the development on the natural environment,
(v)
maintaining improvements on an on-going basis in
accordance with relevant ISO 14000 standards relating to management and
quality control.
5.14Siding Spring Observatory—maintaining dark
sky
(1)
The objective of this clause is to protect
observing conditions at the Siding Spring Observatory by promoting lighting
practices that minimise light pollution.
(2)Light emissions—general considerations for
all development
Before granting development consent for
development on land to which this Plan applies, the consent authority must
consider whether the development is likely to adversely affect observing
conditions at the Siding Spring Observatory, taking into account the following
matters—
(a)
the amount and type of light to be emitted as a
result of the development and the measures to be taken to minimise light
pollution,
(b)
the impact of those light emissions cumulatively
with other light emissions and whether the light emissions are likely to cause
a critical level to be reached,
(c)
whether outside light fittings associated with
the development are shielded light fittings,
(d)
the measures to be taken to minimise dust
associated with the development,
Note—
Dust tends to scatter light and increase light
pollution.
(e)
the Dark Sky Planning Guideline published in
the Gazette by the Planning Secretary.
(3)Development on land within 18 kilometres of
observatory
Development consent is required for all lit
development on land less than 18 kilometres from the Siding Spring
Observatory.
(4)
The consent authority must consult with the
observatory director before granting development consent to lit development on
land less than 18 kilometres from the Siding Spring
Observatory.
(5)
The consent authority must not (except with the
concurrence of the Planning Secretary) grant development consent to
development on land less than 18 kilometres from the Siding Spring Observatory
if the consent authority considers that the development is likely to result in
any one or more of the following—
(a)
an outside light fitting other than a shielded
light fitting,
(b)
an outside light fitting emitting light of more
than—
(i)
if the development is on land less than 12
kilometres from the Siding Spring Observatory—900 lumens,
or
(ii)
in any other case—1,800
lumens,
(c)
more than 4 shielded outside light
fittings,
(d)
light of more than 7,200 lumens being
emitted.
(6)
The consent authority must not grant development
consent to lit development on land less than 18 kilometres from the Siding
Spring Observatory unless the consent authority is satisfied that the
development will incorporate designs that minimise light pollution and
measures that will prevent the escape of light at night through skylights,
windows or other openings.
(7)Development on land 18 kilometres or more from
observatory
The consent authority must not (except with the
concurrence of the Planning Secretary) grant development consent to
development on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 1,000,000 lumens or
more.
(8)
The consent authority must consult with the
observatory director before granting development consent to development for
the purposes of a dwelling house, secondary dwelling or dual occupancy on land
that is 18 kilometres or more from the Siding Spring Observatory if the
consent authority considers that the development is likely to result in a
dwelling having—
(a)
an outside light fitting other than a shielded
light fitting, or
(b)
more than 7 shielded outside light fittings or
more than 5 such light fittings that are not automatic light
fittings.
(9)
The consent authority must consult with the
observatory director before granting development consent to development (other
than development for the purposes of a dwelling house, secondary dwelling or
dual occupancy) on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 50,000 lumens or
more.
(10)Granting concurrence
The Planning Secretary must take the following
into account in deciding whether to grant concurrence under this
clause—
(a)
any comments made by the observatory director in
relation to the development,
(b)
the effect the development would have on
observing conditions at the Siding Spring Observatory,
(c)
the quantity of artificial light in the night sky
measured through a telescope at the Siding Spring Observatory on or about the
date the development application is made and the relationship of that level to
the critical level,
(d)
whether any public interest in permitting the
development outweighs the public interest in preserving the observing
conditions at the Siding Spring Observatory.
(11)
A reference in this clause to light emitted as a
result of development for the purposes of a building or work includes light
emitted from any other building or work that is to be used as part of or in
connection with that building or work.
(12)
A requirement in this clause to consult with the
observatory director in respect of development is a requirement to give
written notice of the development to the observatory director and to take into
account any comments received from the observatory director within 21 days
after the notice is given.
(13)
Clause 4.6 does not allow development consent to
be granted for development that would contravene this
clause.
(14)
In this clause—
automatic light
fitting means a light fitting that is activated by a sensor
and switches off automatically after a period of time.
critical level means
the level at which the quantity of artificial light in the night sky measured
through a telescope at the Siding Spring Observatory is greater
than—
(a)
if the telescope is inclined at 30 degrees from
the horizon—10% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest, or
(b)
if the telescope is inclined at 90 degrees from
the horizon—3% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest.
horizontal plane, in
relation to a light fitting, means the horizontal plane passing through the
centre of the light source (for example, the bulb) of the light
fitting.
light pollution means
brightening of the night sky caused by artificial light.
lit development means
development that is likely to result in the emission of light.
observatory
director means the Director of the Research School of
Astronomy and Astrophysics at the Australian National
University.
outside light
fitting means a light fitting that is attached or fixed
outside, including on the exterior, of a building.
shielded light
fitting means a light fitting that does not permit light to
shine above the horizontal plane.
Siding Spring
Observatory means the land owned by the Australian National
University at Siding Spring and the buildings and equipment situated on that
land.
(15)
This clause is a compulsory provision for the
purposes of clause 4A of the Standard Instrument (Local
Environmental Plans) Order 2006.
cl 5.14: Ins 2016
(310), Sch 3.7.
5.15Defence communications facility
[Not adopted]
5.16Subdivision of, or dwellings on, land in certain rural,
residential or conservation zones
(1)
The objective of this clause is to minimise
potential land use conflict between existing and proposed development on land
in the rural, residential or conservation zones concerned (particularly
between residential land uses and other rural land
uses).
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU3 Forestry,
(d)
Zone RU4 Primary Production Small
Lots,
(e)
Zone RU6 Transition,
(f)
Zone R5 Large Lot
Residential,
(g)
Zone C2 Environmental
Conservation,
(h)
Zone C3 Environmental
Management,
(i)
Zone C4 Environmental
Living.
(3)
A consent authority must take into account the
matters specified in subclause (4) in determining whether to grant development
consent to development on land to which this clause applies for either of the
following purposes—
(a)
subdivision of land proposed to be used for the
purposes of a dwelling,
(b)
erection of a
dwelling.
(4)
The following matters are to be taken into
account—
(a)
the existing uses and approved uses of land in
the vicinity of the development,
(b)
whether or not the development is likely to have
a significant impact on land uses that, in the opinion of the consent
authority, are likely to be preferred and the predominant land uses in the
vicinity of the development,
(c)
whether or not the development is likely to be
incompatible with a use referred to in paragraph (a) or
(b),
(d)
any measures proposed by the applicant to avoid
or minimise any incompatibility referred to in paragraph
(c).
5.17Artificial waterbodies in environmentally sensitive areas
in areas of operation of irrigation corporations
[Not applicable]
5.18Intensive livestock agriculture
(1)
The objectives of this clause are—
(a)
to ensure appropriate environmental assessment of
development for the purpose of intensive livestock agriculture that is
permitted with consent under this Plan, and
(b)
to provide for certain capacity thresholds below
which development consent is not required for that development subject to
certain restrictions as to location.
(2)
This clause applies if development for the
purpose of intensive livestock agriculture is permitted with consent under
this Plan.
(3)
In determining whether or not to grant
development consent under this Plan to development for the purpose of
intensive livestock agriculture, the consent authority must take the following
into consideration—
(a)
the adequacy of the information provided in the
statement of environmental effects or (if the development is designated
development) the environmental impact statement accompanying the development
application,
(b)
the potential for odours to adversely impact on
the amenity of residences or other land uses within the vicinity of the
site,
(c)
the potential for the pollution of surface water
and ground water,
(d)
the potential for the degradation of
soils,
(e)
the measures proposed to mitigate any potential
adverse impacts,
(f)
the suitability of the site in the
circumstances,
(g)
whether the applicant has indicated an intention
to comply with relevant industry codes of practice for the health and welfare
of animals,
(h)
the consistency of the proposal with, and any
reasons for departing from, the environmental planning and assessment aspects
of any guidelines for the establishment and operation of relevant types of
intensive livestock agriculture published, and made available to the consent
authority, by the Department of Primary Industries (within the Department of
Industry) and approved by the Planning Secretary.
(4)
Despite any other provision of this Plan,
development for the purpose of intensive livestock agriculture may be carried
out without development consent if—
(a)
the development is of a type specified in
subclause (5), and
(b)
the consent authority is satisfied that the
development will not be located—
(i)
in an environmentally sensitive area,
or
(ii)
within 100 metres of a natural watercourse,
or
(iii)
in a drinking water catchment,
or
(iv)
within 500 metres of any dwelling that is not
associated with the development, or a residential zone, or
(v)
if the development is a poultry farm—within
500 metres of another poultry farm.
(5)
The following types of development are specified
for the purposes of subclause (4)—
(a)
a cattle feedlot having a capacity to accommodate
fewer than 50 head of cattle,
(b)
a goat feedlot having a capacity to accommodate
fewer than 200 goats,
(c)
a sheep feedlot having a capacity to accommodate
fewer than 200 sheep,
(d)
a pig farm having a capacity to accommodate fewer
than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be
breeding sows),
(e)
a dairy (restricted) having a capacity to
accommodate fewer than 50 dairy cows,
(f)
a poultry farm having a capacity to accommodate
fewer than 1,000 birds for meat or egg production (or
both).
(6)
For the avoidance of doubt, subclause (4) does
not apply to development that is prohibited or that may be carried out without
development consent under this or any other environmental planning
instrument.
(7)
In this clause—
environmentally sensitive
area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008.
residential zone
means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6
Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone
R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large
Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone C3
Environmental Management or Zone C4 Environmental
Living.
5.19Pond-based, tank-based and oyster
aquaculture
(1)Objectives
The objectives of this clause are as
follows—
(a)
to encourage sustainable oyster, pond-based and
tank-based aquaculture in the State, namely, aquaculture development that
uses, conserves and enhances the community’s resources so that the total
quality of life now and in the future can be preserved and
enhanced,
(b)
to set out the minimum site location and
operational requirements for permissible pond-based and tank-based aquaculture
development.
(2)Pond-based or tank-based aquaculture—matters
of which consent authority must be satisfied before granting
consent
The consent authority must not grant development
consent to carry out development for the purpose of pond-based aquaculture or
tank-based aquaculture unless the consent authority is satisfied of the
following—
(a)
that the development complies with the site
location and operational requirements set out in Part 1 of Schedule 6 for the
development,
(b)
in the case of—
(i)
pond-based aquaculture in Zone RU5 Village, Zone
RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential,
Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5
Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone
E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial
or Zone MU1 Mixed Use—that the development is for the purpose of small
scale aquarium fish production, and
(ii)
pond-based aquaculture in Zone C3 Environmental
Management or Zone C4 Environmental Living—that the development is for
the purpose of extensive aquaculture, and
(iii)
tank-based aquaculture in Zone R1 General
Residential, Zone R2 Low Density Residential, Zone R3 Medium Density
Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential,
Zone C3 Environmental Management or Zone C4 Environmental Living—that
the development is for the purpose of small scale aquarium fish production,
and
(iv)
pond-based aquaculture or tank-based aquaculture
in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3
Working Waterways—that the development will use waterways to source
water.
(3)
The requirements set out in Part 1 of Schedule 6
are minimum requirements and do not limit the matters a consent authority is
required to take into consideration under the Act or the conditions that it
may impose on any development consent.
(4)Extensive pond-based aquaculture permitted without
consent in certain zones
Development for the purpose of pond-based
aquaculture, that is also extensive aquaculture, may be carried out without
development consent if—
(a)
the development is carried out in Zone RU1
Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4
Primary Production Small Lots or Zone RU6 Transition, and
(b)
the development complies with the site location
requirements and operational requirements set out in Part 2 of Schedule
6.
(5)Oyster aquaculture—additional matters that
consent authority must consider in determining a development
application
In determining a development application for
development for the purpose of oyster aquaculture, the consent authority must
consider—
(a)
any provisions of any aquaculture industry
development plan that are relevant to the subject of the development
application, and
(b)
the NSW Oyster Industry Sustainable Aquaculture
Strategy.
(6)Oyster aquaculture permitted without consent in
priority oyster aquaculture areas
Development for the purpose of oyster aquaculture
may be carried out without development consent—
(a)
on land that is wholly within a priority oyster
aquaculture area, or
(b)
on land that is partly within and partly outside
a priority oyster aquaculture area, but only if the land outside the area is
no more than 0.1 hectare in area.
(7)Definitions
In this clause—
aquaculture
industry development plan means an aquaculture industry
development plan published under Part 6 of the Fisheries
Management Act 1994.
extensive
aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation
2017.
NSW
Oyster Industry Sustainable Aquaculture Strategy means the
third edition of the publication of that title, as published in 2016 by the
Department of Primary Industries (within the Department of
Industry).
priority oyster
aquaculture area means an area identified as a priority
oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable
Aquaculture Strategy, being a map a copy of which is held
in the head office of the Department of Primary Industries (within the
Department of Industry) and published on that Department’s
website.
5.20Standards that cannot be used to refuse
consent—playing and performing music
(1)
The consent authority must not refuse consent to
development in relation to licensed premises on the following
grounds—
(a)
the playing or performance of music, including
the following—
(i)
the genre of music played or performed,
or
(ii)
whether the music played or performed is live or
amplified, or
(iii)
whether the music played or performed is original
music, or
(iv)
the number of musicians or live entertainment
acts playing or performing, or
(v)
the type of instruments
played,
(b)
whether dancing occurs,
(c)
the presence or use of a dance floor or another
area ordinarily used for dancing,
(d)
the direction in which a stage for players or
performers faces,
(e)
the decorations to be used, including, for
example, mirror balls, or lighting used by players or
performers.
(2)
The consent authority must not refuse consent to
development in relation to licensed premises on the grounds of noise caused by
the playing or performance of music, if the consent authority is satisfied the
noise may be managed and minimised to an acceptable
level.
(3)
In this clause—
licensed premises
has the same meaning as in the Liquor Act
2007.
5.21Flood planning
(1)
The objectives of this clause are as
follows—
(a)
to minimise the flood risk to life and property
associated with the use of land,
(b)
to allow development on land that is compatible
with the flood function and behaviour on the land, taking into account
projected changes as a result of climate change,
(c)
to avoid adverse or cumulative impacts on flood
behaviour and the environment,
(d)
to enable the safe occupation and efficient
evacuation of people in the event of a flood.
(2)
Development consent must not be granted to
development on land the consent authority considers to be within the flood
planning area unless the consent authority is satisfied the
development—
(a)
is compatible with the flood function and
behaviour on the land, and
(b)
will not adversely affect flood behaviour in a
way that results in detrimental increases in the potential flood affectation
of other development or properties, and
(c)
will not adversely affect the safe occupation and
efficient evacuation of people or exceed the capacity of existing evacuation
routes for the surrounding area in the event of a flood,
and
(d)
incorporates appropriate measures to manage risk
to life in the event of a flood, and
(e)
will not adversely affect the environment or
cause avoidable erosion, siltation, destruction of riparian vegetation or a
reduction in the stability of river banks or
watercourses.
(3)
In deciding whether to grant development consent
on land to which this clause applies, the consent authority must consider the
following matters—
(a)
the impact of the development on projected
changes to flood behaviour as a result of climate change,
(b)
the intended design and scale of buildings
resulting from the development,
(c)
whether the development incorporates measures to
minimise the risk to life and ensure the safe evacuation of people in the
event of a flood,
(d)
the potential to modify, relocate or remove
buildings resulting from development if the surrounding area is impacted by
flooding or coastal erosion.
(4)
A word or expression used in this clause has the
same meaning as it has in the Considering Flooding in Land Use Planning
Guideline unless it is otherwise defined in this clause.
(5)
In this clause—
Considering
Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning
Guideline published on the Department’s website on
14 July 2021.
flood planning
area has the same meaning as it has in the Floodplain
Development Manual.
Floodplain Development
Manual means the Floodplain Development Manual(ISBN 0
7347 5476 0) published by the NSW Government in April
2005.
5.22Special flood considerations
[Not adopted]