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 17 [1]–[30]; 2012 (76), Sch 1 [1]–[5]; 2013 (359), Sch
1 [1]–[9]; 2014 (278), Sch 1 [1] [2]; 2014 (545), Sch 1 [3]–[5];
2015 (77), Sch 1 [2]–[6]; 2015 (381), Sch 1 [1]–[3]; 2015 (761),
Sch 1 [2]–[5]; 2016 (168), Sch 1 [2] [5]; 2016 (563), cl 5 (1); 2017
(146), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018
(763), Sch 1 [1]–[3]; 2019 (137), Sch 6 [1]; 2020 (549), Sch
1[1]–[3].
Zone RU1Primary Production
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To encourage diversity in primary industry
enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of
resource lands.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without consent
Extensive agriculture; Home occupations;
Horticulture
3Permitted with consent
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Building identification signs; Business identification signs;
Cellar door premises; Community facilities; Dual occupancies (attached);
Dwelling houses; Eco-tourist facilities; Environmental facilities;
Environmental protection works; Extractive industries; Farm buildings; Farm
stay accommodation; Forestry; Helipads; Home-based child care; Home
businesses; Home industries; Industrial retail outlets; Intensive livestock
agriculture; Intensive plant agriculture; Open cut mining; Roads; Roadside
stalls; Rural industries; Rural supplies; Rural workers’
dwellings
4Prohibited
Any development not specified in item 2 or
3
Zone RU2Rural Landscape
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To maintain the rural landscape character of the
land.
•
To provide for a range of compatible land uses,
including extensive agriculture.
•
To provide for rural tourism that does not
compromise the primary industry capabilities of the land and is based on the
rural attributes of the land.
•
To secure a future for agriculture in the area by
minimising loss of potential agricultural productivity and fragmentation of
rural land.
2Permitted without consent
Extensive agriculture; Home occupations;
Horticulture
3Permitted with consent
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Building identification signs; Business identification signs;
Cellar door premises; Cemeteries; Charter and tourism boating facilities;
Centre-based child care facilities; Community facilities; Dual occupancies
(attached); Dwelling houses; Eco-tourist facilities; Environmental facilities;
Environmental protection works; Extractive industries; Farm buildings; Farm
stay accommodation; Forestry; Helipads; Home-based child care; Home
businesses; Home industries; Industrial retail outlets; Information and
education facilities; Places of public worship; Recreation areas; Respite day
care centres; Roads; Roadside stalls; Rural industries; Rural supplies; Rural
workers’ dwellings; Water recreation structures
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
Uses authorised under the Forestry Act 2012 or under Part 5B
(Private native forestry) of the Local Land
Services Act 2013
3Permitted with consent
Agriculture; Aquaculture Extractive industries;
Roads
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To permit development that is appropriate in
scale and type with the characteristics of a rural
village.
•
To minimise conflict between land uses within the
zone and land uses within adjoining zones.
2Permitted without consent
Home occupations
3Permitted with consent
Agriculture; Amusement centres; Animal boarding
or training establishments; Attached dwellings; Backpackers’
accommodation; Bed and breakfast accommodation; Boarding houses; Business
premises; Camping grounds; Caravan parks; Cemeteries; Charter and tourism
boating facilities; Centre-based child care facilities; Community facilities;
Dual occupancies; Dwelling houses; Entertainment facilities; Environmental
facilities; Environmental protection works; Exhibition homes; Exhibition
villages; Farm buildings; Flood mitigation works; Group homes; Health services
facilities; Heliports; Home-based child care; Home businesses; Hotel or motel
accommodation; Industrial retail outlets; Information and education
facilities; Light industries; Multi dwelling housing; Neighbourhood shops;
Oyster aquaculture; Passenger transport facilities; Places of public worship;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Registered clubs; Respite day care centres; Retail premises; Roads;
Schools; Semi-detached dwellings; Service stations; Signage; Tank-based
aquaculture; Veterinary hospitals; Waste or resource transfer stations; Water
recreation structures
4Prohibited
Hardware and building supplies; Landscaping
material supplies; Markets; Plant nurseries; Roadside stalls; Specialised
retail premises; Timber yards; Vehicle sales or hire premises; Any other
development not specified in item 2 or 3
Zone RU6Transition
1Objectives of zone
•
To protect and maintain land that provides a
transition between rural and other land uses of varying intensities or
environmental sensitivities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without consent
Extensive agriculture; Home occupations;
Horticulture
3Permitted with consent
Agriculture; Animal boarding or training
establishments; Building identification signs; Business identification signs;
Cemeteries; Community facilities; Crematoria; Dual occupancies (attached);
Dwelling houses; Emergency services facilities; Environmental facilities;
Environmental protection works; Farm buildings; Flood mitigation works;
Forestry; Helipads; Home businesses; Information and education facilities;
Oyster aquaculture; Recreation areas; Roads; Tank-based
aquaculture
4Prohibited
Intensive livestock agriculture; Any other
development not specified in item 2 or 3
Zone R1General Residential
1Objectives of zone
•
To provide for the housing needs of the
community.
•
To provide for a variety of housing types and
densities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Home occupations
3Permitted with consent
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; Roads; Semi-detached dwellings;
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;
Backpackers’ accommodation; Boat building and repair facilities; Charter
and tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Electricity generating works; Entertainment 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; Marinas; Mooring pens; Mortuaries; Open cut mining; Passenger
transport facilities; Port 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 storage facilities; Water treatment facilities;
Wharf or boating facilities; Wholesale supplies
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 provide for low density housing that does not
compromise the environmental, scenic or landscape qualities of
land.
2Permitted without consent
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Building
identification signs; Business identification signs; Cemeteries; Centre-based
child care facilities; Community facilities; Dual occupancies (attached);
Dwelling houses; Educational establishments; Emergency services facilities;
Environmental facilities; Environmental protection works; Flood mitigation
works; Group homes; Health consulting rooms; Home-based child care; Home
businesses; Home industries; Information and education facilities; Oyster
aquaculture; Places of public worship; Pond-based aquaculture; Recreation
areas; Respite day care centres; Roads; Tank-based aquaculture; Water
recreation structures
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Home occupations
3Permitted with consent
Attached dwellings; Boarding houses; Building
identification signs; Business identification signs; Centre-based child care
facilities; Community facilities; Group homes; Multi dwelling housing;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Respite day
care centres; Roads; Seniors housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Car parks; Cemeteries; Charter and tourism boating
facilities; Commercial premises; Correctional centres; Crematoria; Depots;
Dual occupancies; Eco-tourist facilities; Electricity generating works;
Entertainment 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; Marinas; Mooring pens; Mortuaries; Open cut mining;
Passenger transport facilities; Port facilities; Public administration
buildings; Recreation facilities (indoor); Recreation facilities (major);
Recreation facilities (outdoor); Registered clubs; Research stations;
Restricted premises; Rural industries; Rural workers’ dwellings;
Semi-detached 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;
Wharf or boating facilities; Wholesale supplies
Zone R4High Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a high density residential environment.
•
To provide a variety of housing types within a
high density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To provide for tourist and visitor accommodation
in key tourist precincts of urban areas of the Council area, while also
encouraging increased population levels.
•
To encourage development that has regard to the
desired future character of streets and supports active and safe uses at
pedestrian level.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Building identification signs;
Business identification signs; Centre-based child care facilities; Community
facilities; Food and drink premises; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Residential flat buildings; Respite day care
centres; Roads; Shop top housing; Any other development not specified in item
2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Attached
dwellings; Boat building and repair facilities; Camping grounds; Car parks;
Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial
premises; Correctional centres; Crematoria; Depots; Dual occupancies;
Eco-tourist facilities; Electricity generating works; Entertainment
facilities; Exhibition homes; Exhibition villages; 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; Marinas; Mooring pens; Mortuaries;
Multi dwelling housing; Open cut mining; Passenger transport facilities; Port
facilities; Public administration buildings; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Research stations; Restricted premises; Rural industries; Rural
workers’ dwellings; Semi-detached 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; 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
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Business
identification signs; Dual occupancies (attached); Dwelling houses; Oyster
aquaculture; Pond-based aquaculture; Roads; Secondary dwellings; Seniors
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; Car parks; Charter and tourism boating facilities;
Commercial premises; Correctional centres; Crematoria; Depots; 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); Industrial retail outlets;
Industrial training facilities; Industries; Marinas; Mooring pens; Mortuaries;
Open cut mining; Passenger transport facilities; Port 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;
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 B1Neighbourhood Centre
1Objectives of zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To ensure that new developments make a positive
contribution to the streetscape and contribute to a safe public
environment.
•
To provide a focal point for the neighbourhood
community.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Business premises; Centre-based
child care facilities; Community facilities; Medical centres; Neighbourhood
shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care
centres; Roads; Shop top housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres;
Crematoria; Eco-tourist facilities; Electricity generating works;
Entertainment facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Function
centres; Garden centres; Hardware and building supplies; Health services
facilities; Heavy industrial storage establishments; Helipads; Highway service
centres; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Landscaping material supplies;
Marinas; Mooring pens; Mortuaries; Open cut mining; Plant nurseries;
Pond-based aquaculture Port facilities; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Research stations; Residential accommodation; Restricted premises;
Roadside stalls; Rural industries; Rural supplies; Sewerage systems; Sex
services premises; Specialised retail premises; Storage premises; Timber
yards; Tourist and visitor accommodation; Transport depots; Truck depots;
Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire
premises; Warehouse or distribution centres; Waste or resource management
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.
•
To ensure that new developments make a positive
contribution to the streetscape and contribute to a safe public
environment.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Hostels;
Information and education facilities; Medical centres; Oyster aquaculture;
Passenger transport facilities; Recreation facilities (indoor); Registered
clubs; Respite day care centres; Restricted premises; Roads; Service stations;
Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres;
Crematoria; 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
retail outlets; Industrial training facilities; Industries; Marinas; Mooring
pens; Mortuaries; Open cut mining; Pond-based aquaculture Research stations;
Residential accommodation; Rural industries; Sewerage systems; Sex services
premises; Storage premises; Transport depots; Truck depots; Vehicle body
repair workshops; Vehicle repair stations; Warehouse or distribution centres;
Waste or resource management facilities; Wharf or boating facilities;
Wholesale supplies
Zone B3Commercial Core
1Objectives of zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses that serve the
needs of the local and wider community.
•
To encourage appropriate employment opportunities
in accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To ensure that new residential accommodation and
tourist and visitor accommodation within the zone does not conflict with the
primary function of the centre for retail and business
use.
•
To provide for the retention and creation of view
corridors and pedestrian links throughout the Greater Port Macquarie city
centre.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Hotel or motel
accommodation; Information and education facilities; Medical centres; Oyster
aquaculture; Passenger transport facilities; Recreation facilities (indoor);
Registered clubs; Respite day care centres; Restricted premises; Roads; Shop
top housing; Tank-based aquaculture; Any other development not specified in
item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Caravan parks; Cemeteries; Correctional centres;
Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay
accommodation; Forestry; Freight transport facilities; Heavy industrial
storage establishments; Helipads; Highway service centres; Home occupations
(sex services); Industrial retail outlets; Industrial training facilities;
Industries; Marinas; Mooring pens; Mortuaries; Open cut mining; Pond-based
aquaculture Research stations; Residential accommodation; Rural industries;
Sewerage systems; Sex services premises; Storage premises; Transport depots;
Truck depots; Vehicle body repair workshops; Vehicle repair stations;
Veterinary hospitals; Warehouse or distribution centres; Waste or resource
management facilities; 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.
•
To ensure that new developments make a positive
contribution to the public domain and streetscape.
2Permitted without consent
Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; High technology
industries; Home industries; Hostels; Hotel or motel accommodation;
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; Roads; Seniors housing; Shop top housing; Tank-based aquaculture;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Car parks; Caravan parks; Cemeteries; Crematoria;
Eco-tourist facilities; Electricity generating works; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Farm stay
accommodation; Forestry; Freight transport facilities; Heavy industrial
storage establishments; Helipads; Highway service centres; Home occupations
(sex services); Industrial training facilities; Industries; Marinas; Mooring
pens; Mortuaries; Open cut mining; Pond-based aquaculture Research stations;
Residential accommodation; Rural industries; Sewerage systems; Sex services
premises; Storage premises; Transport depots; Truck depots; Vehicle body
repair workshops; Vehicle repair stations; Waste or resource management
facilities; Wharf or boating facilities
Zone B5Business Development
1Objectives of zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
•
To minimise conflict between land uses within the
zone and with adjoining zones.
•
To ensure that new developments make a positive
contribution to the public domain and streetscape.
2Permitted without consent
Nil
3Permitted with consent
Centre-based child care facilities; Food and
drink premises; Garden centres; Hardware and building supplies; Kiosks;
Landscaping material supplies; Light industries; Neighbourhood shops; Oyster
aquaculture; Passenger transport facilities; Plant nurseries; Respite day care
centres; Roads; Self storage units; Specialised retail premises; Tank-based
aquaculture; Vehicle sales or hire premises; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Advertising structures; Agriculture; Air
transport facilities; Airstrips; Amusement centres; Animal boarding or
training establishments; Boat building and repair facilities; Camping grounds;
Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial
premises; Correctional centres; Crematoria; Eco-tourist facilities;
Electricity generating works; Entertainment facilities; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight
transport facilities; Heavy industrial storage establishments; Helipads;
Highway service centres; Home-based child care; Home businesses; Home
occupations; Home occupations (sex services); Industrial training facilities;
Industries; Marinas; Mooring pens; Open cut mining; Pond-based aquaculture
Port facilities; Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Residential accommodation;
Restricted premises; Rural industries; Sewerage systems; Sex services
premises; Storage premises; Tourist and visitor accommodation; Transport
depots; Truck depots; Vehicle body repair workshops; Waste or resource
management facilities; Water supply systems; Wharf or boating
facilities
Zone B7Business Park
1Objectives of zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To ensure that development does not conflict with
the hierarchy of business and retail centres in the Port Macquarie-Hastings
region and the role of the Greater Port Macquarie Central Business District as
the focal point for subregional functions and service
delivery.
•
To create employment environments within large
scale developments that are of high visual quality and relate favourably in
architectural and landscape treatment to the large scale
development.
2Permitted without consent
Nil
3Permitted with consent
Centre-based child care facilities; Food and
drink premises; Garden centres; Hardware and building supplies; Light
industries; Liquid fuel depots; Neighbourhood shops; Office premises; Oyster
aquaculture; Passenger transport facilities; Respite day care centres; Roads;
Self-storage units; Tank-based aquaculture; Vehicle sales or hire premises;
Warehouse or distribution centres; Any other development not specified in item
2 or 4
4Prohibited
Agriculture; Airstrips; Animal boarding or
training establishments; Boat building and repair facilities; Camping grounds;
Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Eco-tourist facilities; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Funeral
homes; Heavy industrial storage establishments; Highway service centres;
Home-based child care; Home businesses; Home occupations; Home occupations
(sex services); Industries; Marinas; Mooring pens; Open cut mining; Pond-based
aquaculture; Registered clubs; Research stations; Residential accommodation;
Retail premises; Rural industries; Sewerage systems; Sex services premises;
Tourist and visitor accommodation; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Veterinary hospitals; Waste or resource
management facilities; Water recreation structures; Wharf or boating
facilities
Zone IN1General Industrial
1Objectives of zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
2Permitted without consent
Nil
3Permitted with consent
Depots; Freight transport facilities; Garden
centres; General industries; Hardware and building supplies; Industrial
training facilities; Kiosks; Landscaping material supplies; Light industries;
Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public
worship; Plant nurseries; Pubs; 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
Advertising structures; Agriculture; Air
transport facilities; Airstrips; Amusement centres; Animal boarding or
training establishments; Camping grounds; Caravan parks; Cemeteries;
Centre-based child care facilities; Commercial premises; Crematoria;
Eco-tourist facilities; Entertainment facilities; Exhibition homes; Exhibition
villages; Farm buildings; Function centres; Hazardous storage establishments;
Health services facilities; Heavy industries; Highway service centres;
Home-based child care; Home businesses; Home occupations; Home occupations
(sex services); Information and education facilities; Marinas; Mooring pens;
Offensive storage establishments; Passenger transport facilities; Pond-based
aquaculture Public administration buildings; Recreation areas; Recreation
facilities (major); Recreation facilities (outdoor); Registered clubs;
Residential accommodation; Respite day care centres; Schools; Tourist and
visitor accommodation; Water recreation structures; Water storage facilities;
Wharf or boating facilities
Zone IN2Light Industrial
1Objectives of zone
•
To provide a wide range of light industrial,
warehouse and related land uses.
•
To encourage employment opportunities and to
support the viability of centres.
•
To minimise any adverse effect of industry on
other land uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To support and protect industrial land for
industrial uses.
2Permitted without consent
Nil
3Permitted with consent
Depots; Garden centres; Hardware and building
supplies; Industrial training facilities; Landscaping material supplies; Light
industries; Medical centres; Neighbourhood shops; Oyster aquaculture; Places
of public worship; Plant nurseries; Pubs; 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
Advertising structures; Agriculture; Air
transport facilities; Airstrips; Animal boarding or training establishments;
Camping grounds; Caravan parks; Cemeteries; Centre-based child care
facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist
facilities; Entertainment facilities; Exhibition homes; Exhibition villages;
Farm buildings; Forestry; Freight transport facilities; Function centres;
Hazardous storage establishments; Health services facilities; Helipads;
Highway service centres; Home-based child care; Home businesses; Home
occupations; Home occupations (sex services); Industries; Information and
education facilities; Marinas; Mooring pens; Offensive storage establishments;
Passenger transport facilities; Places of public worship; Pond-based
aquaculture Recreation facilities (major); Recreation facilities (outdoor);
Registered clubs; Residential accommodation; Respite day care centres; Rural
industries; Schools; Sewerage systems; Tourist and visitor accommodation;
Waste disposal facilities; Water recreation structures; Water storage
facilities; Wharf or boating facilities
Zone IN3Heavy Industrial
1Objectives of zone
•
To provide suitable areas for those industries
that need to be separated from other land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of heavy industry
on other land uses.
•
To support and protect industrial land for
industrial uses.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
2Permitted without consent
Nil
3Permitted with consent
Depots; Freight transport facilities; General
industries; Hazardous storage establishments; Heavy industries; Kiosks;
Offensive storage establishments; Oyster aquaculture; Roads; Take away food
and drink premises; Tank-based aquaculture; Warehouse or distribution centres;
Any other development not specified in item 2 or 4
4Prohibited
Advertising structures; Agriculture; Air
transport facilities; Airstrips; Amusement centres; Animal boarding or
training establishments; Camping grounds; Caravan parks; Cemeteries; Charter
and tourism boating facilities; Centre-based child care facilities; Commercial
premises; Community facilities; Crematoria; Eco-tourist facilities;
Educational establishments; Entertainment facilities; Exhibition homes;
Exhibition villages; Farm buildings; Function centres; Health services
facilities; Highway service centres; Home-based child care; Home businesses;
Home occupations; Home occupations (sex services); Industrial training
facilities; Information and education facilities; Light industries; Marinas;
Mooring pens; Passenger transport facilities; Pond-based aquaculture Public
administration buildings; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Residential accommodation; Respite day care centres; Restricted
premises; Self-storage units; Tourist and visitor accommodation; Veterinary
hospitals; Water recreation structures; Water storage facilities; Wharf or
boating facilities; Wholesale supplies
Zone IN4Working Waterfront
1Objectives of zone
•
To retain and encourage waterfront industrial and
maritime activities.
•
To identify sites for maritime purposes and for
activities that require direct waterfront access.
•
To ensure that development does not have an
adverse impact on the environmental and visual qualities of the
foreshore.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of development on
land uses in other zones.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To ensure that industrial activities located in
the zone require direct waterfront access or are associated with other
industrial activities that require direct waterfront
access.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Industrial training facilities; Jetties; Kiosks; Light
industries; Roads; Take away food and drink premises; Wharf or boating
facilities; Any other development not specified in item 2 or
4
4Prohibited
Advertising structures; Agriculture; Airstrips;
Amusement centres; Animal boarding or training establishments; Camping
grounds; Caravan parks; Cemeteries; Centre-based child care facilities;
Commercial premises; Community facilities; Correctional centres; Crematoria;
Eco-tourist facilities; Educational establishments; Entertainment facilities;
Exhibition homes; Exhibition villages; Farm buildings; Forestry; Function
centres; Health services facilities; Heavy industrial storage establishments;
Heavy industries; Highway service centres; Home-based child care; Home
businesses; Home occupations; Home occupations (sex services); Information and
education facilities; Marinas; Mooring pens; Mortuaries; Passenger transport
facilities; Places of public worship; Public administration buildings;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Residential
accommodation; Respite day care centres; Restricted premises; Rural
industries; Service stations; Sewerage systems; Sex services premises; Storage
premises; Tourist and visitor accommodation; Transport depots; Vehicle body
repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or
distribution centres; Waste or resource management facilities; Water storage
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
Nil
3Permitted with consent
The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose; Aquaculture;
Roads
4Prohibited
Any development not specified in item 2 or
3
Zone SP3Tourist
1Objectives of zone
•
To provide for a variety of tourist-oriented
development and related uses.
2Permitted without consent
Nil
3Permitted with consent
Amusement centres; Aquaculture; Building
identification signs; Business identification signs; Camping grounds; Caravan
parks; Charter and tourism boating facilities; Centre-based child care
facilities; Community facilities; Eco-tourist facilities; Educational
establishments; Emergency services facilities; Entertainment facilities;
Environmental facilities; Environmental protection works; Flood mitigation
works; Food and drink premises; Function centres; Heliports; Information and
education facilities; Kiosks; Marinas; Medical centres; Mooring pens;
Neighbourhood shops; Passenger transport facilities; Public administration
buildings; Recreation areas; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Respite day care centres;
Roads; Service stations; Tourist and visitor accommodation; Water recreation
structures
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Nil
3Permitted with consent
Advertising structures; Aquaculture; Building
identification signs; Business identification signs; Camping grounds; Car
parks; Caravan parks; Centre-based child care facilities; Community
facilities; Environmental facilities; Environmental protection works; Flood
mitigation works; Information and education facilities; Kiosks; Marinas;
Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Respite day care centres;
Roads; Water recreation structures
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Building identification signs;
Business identification signs; Camping grounds; Caravan parks; Charter and
tourism boating facilities; Centre-based child care facilities; Community
facilities; Emergency services facilities; Environmental facilities;
Environmental protection works; Flood mitigation works; Information and
education facilities; Kiosks; Marinas; Mooring pens; Recreation areas;
Recreation facilities (indoor); Recreation facilities (major); Recreation
facilities (outdoor); Registered clubs; Respite day care centres; Restaurants
or cafes; Roads; Take away food and drink premises; Water recreation
structures
4Prohibited
Any development not specified in item 2 or
3
Zone C1National Parks and Nature
Reserves
1Objectives of zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks
and Wildlife Act 1974 or that is acquired under Part 11 of
that Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone C2Environmental Conservation
1Objectives of zone
•
To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage
or otherwise have an adverse effect on those values.
•
To protect coastal wetlands and littoral
rainforests.
•
To protect land affected by coastal processes and
environmentally sensitive land.
•
To prevent development that adversely affects, or
would be adversely affected by, coastal processes.
•
To enable development of public works and
environmental facilities where such development would not have an overall
detrimental impact on ecological, scientific, cultural or aesthetic
values.
2Permitted without consent
Nil
3Permitted with consent
Environmental facilities; Environmental
protection works; Oyster aquaculture; Recreation areas; Research stations;
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.
2Permitted without consent
Home occupations
3Permitted with consent
Community facilities; Dwelling houses; Emergency
services facilities; Environmental facilities; Environmental protection works;
Home-based child care; Home businesses; Horticulture; Information and
education facilities; Kiosks; Oyster aquaculture; Places of public worship;
Pond-based aquaculture; Recreation areas; Research stations; Roads; Tank-based
aquaculture; Water recreation structures
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Retail premises; Seniors housing; Service stations; Warehouse
or distribution centres; Any other development not specified in item 2 or
3
Zone C4Environmental Living
1Objectives of zone
•
To provide for low-impact residential development
in areas with special ecological, scientific or aesthetic
values.
•
To ensure that residential development does not
have an adverse effect on those values.
2Permitted without consent
Home occupations
3Permitted with consent
Backpackers’ accommodation; Bed and
breakfast accommodation; Building identification signs; Business
identification signs; Centre-based child care facilities; Community
facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist
facilities; Educational establishments; Emergency services facilities;
Environmental facilities; Environmental protection works; Home-based child
care; Home businesses; Horticulture; Information and education facilities;
Oyster aquaculture; Places of public worship; Pond-based aquaculture;
Recreation areas; Research stations; Respite day care centres; Roads;
Tank-based aquaculture; Water recreation structures
4Prohibited
Industries; Service stations; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Zone W1Natural Waterways
1Objectives of zone
•
To protect the ecological and scenic values of
natural waterways.
•
To prevent development that would have an adverse
effect on the natural values of waterways in this zone.
•
To provide for sustainable fishing industries and
recreational fishing.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture Building identification signs;
Business identification signs; Environmental facilities; Environmental
protection works; Jetties; Research stations
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Multi dwelling housing; Recreation facilities (major); Residential
flat buildings; Restricted premises; Retail premises; Seniors housing; Service
stations; Warehouse or distribution centres; Any other development not
specified in item 2 or 3
Zone W2Recreational Waterways
1Objectives of zone
•
To protect the ecological, scenic and recreation
values of recreational waterways.
•
To allow for water-based recreation and related
uses.
•
To provide for sustainable fishing industries and
recreational fishing.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat sheds; Building identification
signs; Business identification signs; Charter and tourism boating facilities;
Emergency services facilities; Environmental facilities; Environmental
protection works; Kiosks; Marinas; Mooring pens; Moorings; Passenger transport
facilities; Recreation areas; Roads; Water recreation
structures
4Prohibited
Industries; Multi dwelling housing; Residential
flat buildings; Seniors housing; Warehouse or distribution centres; Any other
development not specified in item 2 or 3
Zone W3Working Waterways
1Objectives of zone
•
To enable the efficient movement and operation of
commercial shipping, water-based transport and maritime
industries.
•
To promote the equitable use of waterways,
including appropriate recreational uses.
•
To minimise impacts on ecological values arising
from the active use of waterways.
•
To provide for sustainable fishing
industries.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat sheds; Building identification signs; Business identification signs;
Charter and tourism boating facilities; Emergency services facilities;
Environmental facilities; Environmental protection works; Freight transport
facilities; Helipads; Marinas; Mooring pens; Moorings; Passenger transport
facilities; Port facilities; Water recreation structures; Wharf or boating
facilities
4Prohibited
Any development not specified in item 2 or
3
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to ensure that lot sizes are compatible with
local environmental values and constraints,
(b)
to facilitate efficient use of land resources for
residential and other human purposes,
(c)
to minimise the fragmentation of rural land
suitable for sustainable primary production,
(d)
to protect high ecological, scientific, cultural
or aesthetic values of land in environment protection
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.
(3A)
If a lot is a battle-axe lot or other lot with an
access handle, the area of the access handle is not to be included when
calculating the size of the lot for the purposes of this
clause.
(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.
cl 4.1: Am 2013
(439), cl 4 (1); 2018 (763), Sch 1 [4].
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 R2 Low Density
Residential,
(d)
Zone R5 Large Lot
Residential,
(e)
Zone E2 Environmental
Conservation,
(f)
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.
(3A)
Despite subclause (3), development consent may be
granted for the subdivision of a lot for a community title scheme on land
identified as “Area 1” on the Lot Size Map
if—
(a)
each lot size will be at least 4,000 square
metres, and
(b)
each lot will be served by a co-operative scheme
for the common disposal of effluent.
(4)
This clause applies despite clause
4.1.
cl 4.1AA: Ins 2011
(363), Sch 17 [31].
4.1AExceptions to minimum lot sizes for certain residential
development
(1)
The objective of this clause is to encourage
housing diversity without adversely impacting on residential
amenity.
(2)
This clause applies to development on land in the
following zones—
(a)
Zone R1 General Residential,
(b)
Zone R3 Medium Density
Residential,
(c)
Zone R4 High Density
Residential.
(3)
Development consent may be granted to a single
development application for development to which this clause applies that is
both of the following—
(a)
the subdivision of land into 2 or more
lots,
(b)
the erection of an attached dwelling, a
semi-detached dwelling or a dwelling house on each lot resulting from the
subdivision.
cl 4.1A: Am 2018
(295), Sch 1 [1].
4.1BMinimum subdivision lot sizes for certain split
zones
(1)
The objectives of this clause are as
follows—
(a)
to provide for the subdivision of lots that are
within more than one zone but cannot be subdivided under clause
4.1,
(b)
to ensure that the subdivision occurs in a manner
that promotes suitable land use and development.
(2)
This clause applies to each lot (an original lot)
that contains—
(a)
land in a residential, business or industrial
zone, and
(b)
land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU6 Transition, Zone E2 Environmental Conservation, Zone
E3 Environmental Management or Zone E4 Environmental
Living.
(3)
Despite clause 4.1, development consent may be
granted to subdivide an original lot to create other lots (the resulting lots)
if—
(a)
one of the resulting lots will
contain—
(i)
land in a residential, business or industrial
zone that has an area that is not less than the minimum lot size shown on the
Lot Size
Map in relation to that land, and
(ii)
all the land in Zone RU1 Primary Production, Zone
RU2 Rural Landscape, Zone RU6 Transition, Zone E2 Environmental Conservation,
Zone E3 Environmental Management or Zone E4 Environmental Living,
and
(b)
all other resulting lots will contain land that
has an area that is not less than the minimum size shown on the Lot Size
Map in relation to that land.
4.2Rural 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
RU4 Primary Production Small Lots.
(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 17 [32].
4.2AErection of dwelling houses and dual occupancies in
certain rural and environment protection zones
(1)
The objectives of this clause are as
follows—
(a)
to minimise unplanned rural residential
development,
(b)
to enable the replacement of lawfully erected
dwelling houses in rural and environment protection
zones.
(2)
This clause applies to development for the
purposes of dwelling houses or dual occupancies (attached) on land in the
following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU6 Transition,
(d)
Zone E3 Environmental
Management,
(e)
Zone E4 Environmental
Living.
(3)
Development consent must not be granted for
development to which this clause applies, on land on which no dwelling house
or dual occupancy (attached) has been erected, unless the land
is—
(a)
a lot that is at least the minimum lot size
specified for that land by the Lot Size Map, or
(b)
a lot created before this Plan commenced and on
which the erection of a dwelling house or dual occupancy (attached) was
permissible immediately before that commencement, or
(c)
a lot resulting from a subdivision for which
development consent (or equivalent) was granted before this Plan commenced and
on which the erection of a dwelling house or dual occupancy (attached) would
have been permissible if the plan of subdivision had been registered before
that commencement, or
(d)
an existing holding, or
(e)
within a lot identified as “Dwelling
opportunity” on the Dwelling Opportunity Map, but only if no
other dwelling or dual occupancy is erected on that
lot.
Note—
A dwelling cannot be erected on a lot created
under clause 9 of State Environmental Planning
Policy (Rural Lands) 2008 or clause
4.2.
(5)
Despite subclause (3), development consent may be
granted for development to which this clause applies if—
(a)
there is a lawfully erected dwelling house or
dual occupancy (attached) on the land and the dwelling house or dual occupancy
(attached) to be erected is intended only to replace the existing dwelling
house or dual occupancy (attached), or
(b)
the land would have been a lot referred to in
subclause (3) had it not been affected by—
(i)
a minor realignment of its boundaries that did
not create an additional lot, or
(ii)
a subdivision creating or widening a public road
or public reserve or for another public purpose.
(6)
In this clause—
existing holding
means land that—
(a)
was a holding on 26 May 1967,
and
(b)
is a holding at the time the application for
development consent referred to in subclause (3) is
lodged,
whether or not there has been a change in the ownership
of the holding since 26 May 1967, and includes any other land adjoining that
land acquired by the owner since 26 May 1967.
holding means all adjoining
land, even if separated by a road or railway, held by the same person or
persons.
cl 4.2A: Am 2012
(76), Sch 1 [6]–[9]; 2013 (439), cl 4 (1) (2).
4.2BStrata subdivisions in certain rural, residential and
environment protection 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 or
tourist and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone R2 Low Density
Residential,
(d)
Zone R5 Large Lot
Residential,
(e)
Zone E2 Environmental
Conservation,
(f)
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 scheme that
would create lots below the minimum size shown on the Lot Size Map
for the land.
Note—
Part 6 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 provides that the strata subdivision of a building in
certain circumstances is specified complying
development.
(4)
cl 4.2B: Am 2011
(363), Sch 17 [33]–[35]; 2013 (439), cl 4 (3); 2016 No 27, Sch
2.33.
4.2CBoundary adjustments of land in certain rural, residential
and environment protection zones
(1)
The objective of this clause is to facilitate
boundary adjustments between lots where one or more resultant lots do not meet
the minimum lot size shown on the Lot Size Map
in relation to that land but the objectives of the relevant zone can be
achieved.
(2)
This clause applies to land in any of the
following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU6 Transition,
(d)
Zone R5 Large Lot
Residential,
(e)
Zone E2 Environmental
Conservation,
(f)
Zone E3 Environmental
Management,
(g)
Zone E4 Environmental
Living.
(3)
Despite clause 4.1, development consent may be
granted to subdivide land by way of a boundary adjustment between adjoining
lots where one or more resultant lots do not meet the minimum lot size shown
on the Lot
Size Map in relation to that land if the consent authority
is satisfied that—
(a)
the subdivision will not create additional lots
or the opportunity for additional dwellings, and
(b)
the number of dwellings or opportunities for
dwellings on each lot after the subdivision will be the same as before the
subdivision, and
(c)
the potential for land use conflict will not be
increased as a result of the subdivision, and
(d)
the subdivision will not result in any increased
bush fire risk to existing buildings, and
(e)
if the land is in Zone RU1 Primary Production or
Zone RU2 Rural Landscape, the agricultural viability of the land will not be
adversely affected as a result of the subdivision.
(4)
Before granting development consent to
development to which this clause applies, the consent authority must be
satisfied that the subdivision will not compromise the continued protection
and long-term maintenance of any land in Zone E2 Environmental Conservation,
Zone E3 Environmental Management or Zone E4 Environmental
Living.
cl 4.2C: Ins 2015
(77), Sch 1 [7].
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to ensure that buildings are compatible with the
height, bulk and scale of the existing and desired future character of the
locality,
(b)
to minimise visual impact, disruption of views,
loss of privacy and loss of solar access to existing
development,
(c)
to minimise the adverse impact of development on
heritage conservation areas and heritage items,
(d)
to nominate heights that will provide a
transition in built form and land use intensity within the area covered by
this Plan.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
4.4Floor space ratio
(1)
The objectives of this clause are as
follows—
(a)
to regulate density of development and generation
of vehicular and pedestrian traffic,
(b)
to encourage increased building height and site
amalgamation at key locations,
(c)
to provide sufficient floor space for high
quality development for the foreseeable future,
(d)
to ensure that buildings are compatible with the
bulk and scale of the existing and desired future character of the
locality.
(2)
The maximum floor space ratio for a building on
any land is not to exceed the floor space ratio shown for the land on the
Floor Space
Ratio Map.
4.5Calculation of floor space ratio and site
area
(1)Objectives
The objectives of this clause are as
follows—
(a)
to define floor space
ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to—
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor space
ratio”
The floor space ratio of
buildings on a site is the ratio of the gross floor area of all buildings
within the site to the site area.
(3)Site area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to
be—
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site area
The following land must be excluded from the site
area—
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development to be
included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be separately
considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent “double
dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If—
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected land),
and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same
meaning as it has in the Local Government Act
1993.
4.6Exceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone 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
RU4.
(7)
After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant’s
written request referred to in subclause (3).
(8)
This clause does not allow development consent to
be granted for development that would contravene any of the
following—
(a)
a development standard for complying
development,
(b)
a development standard that arises, under the
regulations under the Act, in connection with a commitment set out in a BASIX
certificate for a building to which State
Environmental Planning Policy (Building Sustainability Index: BASIX)
2004 applies or for the land on which such a building is
situated,
(c)
clause 5.4,
(caa)
clause 5.5,
(ca)
clause 6.1, 6.2 or
6.3.
Part 7Additional local provisions
7.1Acid sulfate soils
(1)
The objective of this clause is to ensure that
development does not disturb, expose or drain acid sulfate soils and cause
environmental damage.
(2)
Development consent is required for the carrying
out of works described in the Table to this subclause on land shown on the
Acid Sulfate
Soils Map as being of the class specified for those
works.
Class of
land
Works
1
Any
works
2
Works below the natural ground surface.
Works by which the watertable is likely to be
lowered.
3
Works more than 1 metre below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 1 metre below the natural ground
surface.
4
Works more than 2 metres below the natural ground
surface.
Works by which the watertable is likely to be lowered
more than 2 metres below the natural ground
surface.
5
Works within 500
metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian
Height Datum and by which the watertable is likely to be lowered below 1 metre
Australian Height Datum on adjacent Class 1, 2, 3 or 4
land.
(3)
Development consent must not be granted under
this clause for the carrying out of works unless an acid sulfate soils
management plan has been prepared for the proposed works in accordance with
the Acid Sulfate Soils
Manual and has been provided to the consent
authority.
(4)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works if—
(a)
a preliminary assessment of the proposed works
prepared in accordance with the Acid Sulfate Soils Manual indicates that
an acid sulfate soils management plan need not be carried out for the works,
and
(b)
the preliminary assessment has been provided to
the consent authority and the consent authority has confirmed the assessment
by notice in writing to the person proposing to carry out the
works.
(5)
Despite subclause (2), development consent is not
required under this clause for the carrying out of any of the following works
by a public authority (including ancillary work such as excavation,
construction of access ways or the supply of power)—
(a)
emergency work, being the repair or replacement
of the works of the public authority required to be carried out urgently
because the works have been damaged, have ceased to function or pose a risk to
the environment or to public health and safety,
(b)
routine management work, being the periodic
inspection, cleaning, repair or replacement of the works of the public
authority (other than work that involves the disturbance of more than 1 tonne
of soil),
(c)
minor work, being work that costs less than
$20,000 (other than drainage work).
(6)
Despite subclause (2), development consent is not
required under this clause to carry out any works if—
(a)
the works involve the disturbance of less than 1
tonne of soil, such as occurs in carrying out agriculture, the construction or
maintenance of drains, extractive industries, dredging, the construction of
artificial water bodies (including canals, dams and detention basins) or
foundations or flood mitigation works, or
(b)
the works are not likely to lower the
watertable.
7.2Earthworks
(1)
The objectives of this clause are as
follows—
(a)
to ensure that earthworks for which development
consent is required will not have a detrimental impact on environmental
functions and processes, neighbouring uses, cultural or heritage items or
features of the surrounding land,
(b)
to allow earthworks of a minor nature without
separate development consent.
(2)
Development consent is required for earthworks
unless—
(a)
the work is exempt development under this Plan or
another applicable environmental planning instrument, or
(b)
the work is ancillary to other development for
which development consent has been given.
(3)
Before granting development consent for
earthworks, the consent authority must consider the following
matters—
(a)
the likely disruption of, or any detrimental
effect on, existing drainage patterns and soil stability in the
locality,
(b)
the effect of the proposed development on the
likely future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the proposed development on the
existing and likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
the proximity to and potential for adverse
impacts on any watercourse, drinking water catchment or environmentally
sensitive area.
Note—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
disturbing or excavating land and Aboriginal objects.
7.3
cl 7.3: Rep 2021
(225), Sch 1.
7.4Floodplain risk management
(1)
The objectives of this clause are as
follows—
(a)
in relation to developments with particular
evacuation or emergency response issues—to enable the evacuation of land
subject to flooding above the flood planning level,
(b)
to protect the operational capacity of emergency
response facilities and critical infrastructure during extreme flood
events.
(2)
This clause applies to—
(a)
land between the flood planning area and the line
that is shown as the probable maximum flood level on the Flood Planning
Map, and
(b)
land surrounded by the flood planning
area,
but does not apply to land below the flood planning
level.
(3)
Development consent must not be granted to
development for the following purposes on land to which this clause applies
unless the consent authority is satisfied that the development incorporates
appropriate measures to manage risk to life from flood—
(a)
caravan parks,
(b)
correctional facilities,
(c)
emergency services
facilities,
(d)
group homes,
(e)
hospitals,
(f)
residential care facilities,
(g)
tourist and visitor
accommodation.
(4)
In this clause, probable maximum
flood has the same meaning as it has in the Floodplain Development Manual
(ISBN 0 7 347 54760) published in 2005 by the
NSW Government
7.5Koala habitat
(1)
The objective of this clause is to ensure that
development is designed to retain koala habitat.
(2)
This clause applies to land that is shown as
“Koala habitat area” on the Koala Habitat
Map.
(3)
Development consent must not be granted for
development on the land unless the consent authority is satisfied that the
development is consistent with an approved koala plan of management, within
the meaning of State Environmental Planning
Policy (Biodiversity and Conservation) 2021, Chapter
4.
(4)
Development consent must not be granted for a
subdivision of land to which this clause applies unless the consent authority
is satisfied that each lot that would be created by the subdivision will
contain a sufficient building envelope to enable future development of the lot
to comply with subclause (3).
Note—
The land shown as “Koala Habitat”
does not identify all koala habitat areas within the land to which this Plan
applies.
(5)
Land shown as “Koala habitat area” on
the Koala
Habitat Map is identified as being within an ecologically
sensitive area for the purposes of clause 1.19 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008.
Note—
Clause 1.19 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 prevents complying development specified for certain
complying development codes from being carried out on land identified by an
environmental planning instrument as being within an ecologically sensitive
area.
cl 7.5: Am 2015 (77),
Sch 1 [8]; 2022 (72), Sch 1.41[1].
7.6Coastline hazards
(1)
The objectives of this clause are as
follows—
(a)
to avoid significant adverse impacts from coastal
hazards,
(b)
to enable evacuation of coastal risk areas in an
emergency,
(c)
to ensure uses are compatible with coastal
risks.
(2)
This clause applies to land that is shown as
“Coastal Erosion Risk” on the Coastal Erosion
Map.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
has considered whether the development—
(a)
will significantly adversely affect coastal
hazards, and
(b)
will result in significant detrimental increases
in coastal risks to other development or properties, and
(c)
will significantly alter coastal hazards to the
detriment of the environment, and
(d)
incorporates appropriate measures to manage risk
to life from coastal risks, and
(e)
avoids or minimises exposure to coastal hazards,
and
(f)
makes provision for relocation, modification or
removal of the development to adapt to coastal hazards and sea level rise
planning benchmarks for New South Wales.
(4)
A word or expression used in this clause has the
same meaning as it has in the NSW
Coastal Planning Guidelines: Adapting to Sea Level Rise
(ISBN 978-1-74263-035-9) published by the NSW
Government in August 2010, unless it is otherwise defined in this
clause.
(5)
Land shown as “Coastal Erosion Risk”
on the Coastal
Erosion Map is identified as being or affected by a
coastal erosion hazard for the purposes of clause 1.19 (1) (f) of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008.
Note—
Clause 1.19 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 prevents complying development specified for certain
complying development codes from being carried out on land identified by an
environmental planning instrument as being or affected by a coastal erosion
hazard.
cl 7.6: Am 2018
(295), Sch 1 [2].
7.7Airspace operations
(1)
The objectives of this clause are as
follows—
(a)
to provide for the effective and ongoing
operation of the Port Macquarie Airport by ensuring that such operation is not
compromised by proposed development that penetrates the Limitation or
Operations Surface for that airport,
(b)
to protect the community from undue risk from
that operation.
(2)
If a development application is received and the
consent authority is satisfied that the proposed development will penetrate
the Limitation or Operations Surface, the consent authority must not grant
development consent unless it has consulted with the relevant Commonwealth
body about the application.
(3)
The consent authority may grant development
consent for the development if the relevant Commonwealth body advises
that—
(a)
the development will penetrate the Limitation or
Operations Surface but it has no objection to its construction,
or
(b)
the development will not penetrate the Limitation
or Operations Surface.
(4)
The consent authority must not grant development
consent for the development, if the relevant Commonwealth body advises that
the development will penetrate the Limitation or Operations Surface and should
not be constructed.
(5)
In this clause—
Limitation or Operations
Surface means the Obstacle Limitation Surface or the
Procedures for Air Navigation Services Operations Surface as shown on the
Obstacle Limitation Surface
Map or the Procedures for Air Navigation Services Operations Surface
Map for the Port Macquarie Airport under Commonwealth
legislation
relevant Commonwealth
body means the body, under Commonwealth legislation, that is
responsible for development approvals for development that penetrates the
Limitation or Operations Surface for the Port Macquarie
Airport.
cl 7.7: Am 2012 (76),
Sch 1 [10].
7.8Development in areas subject to aircraft
noise
(1)
This clause applies to development
that—
(a)
is on land that—
(i)
is near an airport, and
(ii)
is in an ANEF contour of 20 or greater,
and
(b)
the consent authority considers is likely to be
adversely affected by aircraft noise.
(2)
Before determining a development application for
development to which this clause applies, the consent authority—
(a)
must consider whether the development will result
in an increase in the number of dwellings or people affected by aircraft
noise, and
(b)
must consider the location of the development in
relation to the criteria set out in Table 2.1 (Building Site Acceptability
Based on ANEF Zones) in AS
2021—2000, Acoustics—Aircraft
noise intrusion—Building siting and construction,
and
(c)
must be satisfied that the development will meet
AS 2021—2000, Acoustics—Aircraft noise intrusion—Building
siting and construction with respect to interior noise
levels for the purposes of—
(i)
if the development will be in an ANEF contour of
20 or greater—centre-based child care facilities, educational
establishments, entertainment facilities, hospitals, places of public worship,
public administration buildings or residential accommodation,
and
(ii)
if the development will be in an ANEF contour of
25 or greater—business premises, hostels, hotel or motel accommodation,
office premises or retail premises.
(3)
In this clause—
airport means a civil,
military or joint civil and military airport.
ANEF contour means a
noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour
Map for that airport prepared by the Department of the
Commonwealth responsible for airports.
cl 7.8: Am 2017
(493), Sch 1.2 [2].
7.9Development subject to acoustic
controls
(1)
The objective of this clause is to ensure that
development for residential or tourist purposes, or for any other purpose
involving regular human occupation, on land subject to significant exposure to
noise (including road traffic noise or extractive industry crushing plant
operation noise) incorporates appropriate mitigation
measures.
(2)
This clause applies to the land identified as
“Subject to acoustic controls” on the Acoustic Controls
Map.
(3)
Before granting development consent to
development on land to which this clause applies, the consent authority
must—
(a)
consider the location of the development in
relation to the relevant criteria set out in—
(i)
NSW
Road Noise Policy published by the Department of
Environment, Climate Change and Water in March 2011, and
(ii)
NSW
Industrial Noise Policy published by the NSW Environment
Protection Authority in January 2000, and
(b)
be satisfied that the occupants of the
development will not be subject to excessive noise, and
(c)
be satisfied that appropriate noise mitigation
measures will be incorporated into the development to reduce noise to an
acceptable level.
(4)
Land identified as “Subject to acoustic
controls” on the Acoustic Controls Map is identified as
being within a buffer area for the purposes of clause 1.19 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008.
Note—
Clause 1.19 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 prevents complying development specified for certain
complying development codes from being carried out on land identified by an
environmental planning instrument as being within a buffer
area.
cl 7.9: Am 2011
(444), Sch 1 [1] [2]; 2015 (77), Sch 1 [9] [10].
7.10Erection of rural workers’ dwellings on land in
Zones RU1 and RU2
(1)
The objective of this clause is to ensure the
provision of adequate accommodation for employees of existing agricultural or
rural industries.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural
Landscape.
(3)
Development consent must not be granted for the
erection of a rural worker’s dwelling on land to which this clause
applies unless the consent authority is satisfied that—
(a)
the development will not impair the use of the
land for agricultural and rural industries, and
(b)
there is a demonstrated economic capacity of the
agricultural or rural industry being carried out on the land to support the
ongoing employment of rural workers, and
(c)
the development is necessary considering the
nature of the agricultural or rural industry land use lawfully occurring on
the land or as a result of the remote or isolated location of the land,
and
(d)
the development will not result in more than 1
rural worker’s dwelling being erected on the land comprising the
agricultural or rural industry.
7.11Development in Zone B1 Neighbourhood
Centre
(1)
The objective of this clause is to ensure that
proposed large commercial premises are located within the Greater Port
Macquarie Central Business District and other local centres in the region,
other than in Zone B1 Neighbourhood Centre.
(2)
Development consent must not be granted to
development for the purposes of commercial premises on land in Zone B1
Neighbourhood Centre if the development would result in a building or premises
having a gross floor area of more than 2,000 square
metres.
cl 7.11: Am 2011
(363), Sch 17 [40] [41].
7.11ADesign excellence
(1)
The objective of this clause is to ensure that
development exhibits design excellence that contributes to the natural,
cultural, visual and built character values of Port
Macquarie-Hastings.
(2)
This clause applies to development involving the
erection of a new building, or external alterations or additions to an
existing building, on land identified as “Significant Urban Area”
on the Significant Urban Areas
Map.
(3)
This clause does not apply to development that
the consent authority considers to be minor.
(4)
Development consent must not be granted for
development to which this clause applies unless the consent authority
considers that the development exhibits design
excellence.
(5)
In considering whether the development exhibits
design excellence, the consent authority must have regard to the following
matters—
(a)
whether a high standard of architectural design,
materials and detailing appropriate to the building type and location will be
achieved,
(b)
whether the form and external appearance of the
development will improve the quality and amenity of the public
domain,
(c)
whether the development detrimentally impacts on
view corridors,
(d)
whether the development incorporates active
frontages to key streets and to pedestrian thoroughfares,
(e)
how the development addresses the following
matters—
(i)
the suitability of the land for
development,
(ii)
existing and proposed uses and use
mix,
(iii)
heritage issues and streetscape
constraints,
(iv)
the relationship of the development with other
development (existing or proposed) on the same site or on neighbouring sites
in terms of separation, setbacks, amenity and urban form,
(v)
bulk, massing and modulation of
buildings,
(vi)
street frontage heights,
(vii)
environmental impacts such as sustainable design,
overshadowing, wind and reflectivity,
(viii)
the achievement of the principles of ecologically
sustainable development,
(ix)
pedestrian, cycle, vehicular and service access,
circulation and requirements,
(x)
the impact on, and any proposed improvements to,
the public domain,
(f)
the desired future character and any aims or
objectives (or both) relating to the development as set out in DCP 2013 and,
in particular, in the area-based provisions.
(6)
In this clause—
DCP 2013 means Port Macquarie-Hastings Development
Control Plan 2013 (as adopted by the Council on 15 July
2015, with effect on and from 27 July 2015 and known as version 20150727), and
as amended by the following development control plans—
Editorial note—
No amending development control plans have been
made.
cl 7.11A: Ins 2014
(428), Sch 1 [1]. Am 2015 (828), cl 5 (1) (2).
7.12Development in Zone B4
(1)
The objectives of this clause are to ensure
that—
(a)
large retail premises are located in the Greater
Port Macquarie Central Business District, or other identified specialty
centres, other than in Zone B4 Mixed Use, and
(b)
retail premises in that zone remain at a
compatible scale consistent with the zone
objectives.
(2)
Development consent must not be granted to
development for the purposes of specialised retail premises, hardware and
building supplies or shops on land in Zone B4 Mixed Use if the development
would result in a building or premises that has a gross floor area of more
than 250 square metres.
cl 7.12: Renumbered
as cl 7.15, 2014 (545), Sch 1 [6]. Ins 2014 (545), Sch 1 [7]. Am 2018 (488),
Sch 1.2.
7.13Essential services
Development consent must not be granted to
development unless the consent authority is satisfied that any of the
following services that are essential for the proposed development are
available or that adequate arrangements have been made to make them available
when required—
(a)
the supply of water,
(b)
the supply of electricity,
(c)
the disposal and management of
sewage,
(d)
stormwater drainage or on-site
conservation,
(e)
suitable road access.
7.14Eco-tourist facilities—additional
provisions
(1)
The objective of this clause is to ensure that
eco-tourist facilities have an appropriate scale without compromising the
future extraction of significant mineral resources.
(2)
Development consent must not be granted to
development for the purposes of an eco-tourist facility unless—
(a)
development for the purposes of a dwelling house
or dual occupancy (attached) is not prohibited on the subject land under
clause 4.2A, and
(b)
the gross floor area of the eco-tourist facility
and any ancillary permanent accommodation for owners or managers does not
exceed 1,000 square metres, and
(c)
the consent authority is satisfied that the
development does not cause unfunded increased demand for the provision or
maintenance of local infrastructure, and
(d)
the consent authority is satisfied that the
development will not compromise the future extraction of State or regionally
significant reserves of coal or other minerals or petroleum or extractive
industries.
cl 7.14: Ins 2014
(278), Sch 1 [4]. Am 2016 (563), cl 5 (2).
7.15Location of sex services premises
(1)
The objective of this clause is to minimise land
use conflicts and adverse amenity impacts by providing a reasonable level of
separation between sex services premises, specified land uses and places
regularly frequented by children.
(2)
In deciding whether to grant development consent
to development for the purposes of sex services premises, the consent
authority must consider the following—
(a)
if the premises will be located on land that
adjoins, is directly opposite or is separated only by a local road from
land—
(i)
in Zone R1 General Residential, Zone R2 Low
Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public
Recreation, or
(ii)
used for the purposes of a centre-based child
care facility, a community facility, a school or a place of public
worship,
(b)
the impact the proposed development and its hours
of operation would have on any place, likely to be regularly frequented by
children—
(i)
that adjoins the proposed development,
or
(ii)
that can be viewed from the proposed development,
or
(iii)
from which a person can view the proposed
development.
cl 7.15 (previously cl
7.12): Renumbered 2014 (545), Sch 1 [6]. Am 2017 (493), Sch 1.2
[1].
7.16Development in Zone IN4 Working
Waterfront
(1)
The objective of this clause is to ensure that
industrial activities proposed to be located in Zone IN4 Working Waterfront
require direct waterfront access or are associated with other industrial
activities that require direct waterfront access.
(2)
Development consent must not be granted for the
purpose of industry on land in Zone IN4 Working Waterfront unless the consent
authority is satisfied that the relevant industrial activity requires direct
waterfront access or is associated with another industrial activity that
requires direct waterfront access.
cl 7.16: Ins 2015
(381), Sch 1 [4].
7.17Development on land at 1179 Oxley Highway,
Sancrox
(1)
This clause applies to land at 1179 Oxley
Highway, Sancrox, being Lot 11, DP 1029846.
(2)
Despite any other provision of this Plan, land to
which this clause applies may, with development consent, be subdivided to
create 2 lots if the consent authority is satisfied that—
(a)
a highway service centre and hotel or motel
accommodation will be erected on the smaller lot, and
(b)
a dwelling house is, or will be, situated on the
larger lot.
(3)
The lot created under subclause (2)(a) may, with
development consent, be subdivided to create lots that are less than the
minimum lot size shown on the Lot Size Map in relation to that
land.
cl 7.17: Ins 2019
(437), Sch 1 [1].
7.18Development on certain land at or near Port Macquarie
Airport
(1)
This clause applies to certain land at or near
Port Macquarie Airport, shown as “Area 1” on the Clause Application
Map.
(2)
Development for the purposes of fencing or
cutting, pruning, poisoning or removing trees may be carried out by or on
behalf of a public authority without consent if the development is in
connection with Port Macquarie Airport.
cl 7.18: Ins 2020
(549), Sch 1[4].