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 2014
(115), cl 4 (1) (2); 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1];
2019 (621), Sch 3; 2020 (526), Sch 1[4]; 2022 (314), Sch 1.
Zone RU1Primary Production
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To encourage diversity in primary industry
enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of
resource lands.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with consent
Aquaculture; Building identification signs;
Business identification signs; Dwelling houses; Extractive industries; Farm
buildings; Flood mitigation works; Intensive livestock agriculture; Intensive
plant agriculture; Open cut mining; Roads; Roadside
stalls
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 ensure that development is sympathetic to the
environment and minimises risks from natural and man-made
hazards.
•
To encourage a diverse range of recreation,
entertainment and tourism related land uses that are supportive of the
facilities and services provided by the surrounding Western Sydney
Parklands.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with consent
Agricultural produce industries; Aquaculture;
Building identification signs; Business identification signs; Car parks;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Educational establishments; Extractive industries; Farm
buildings; Flood mitigation works; Food and drink premises; Function centres;
Group homes; Home-based child care; Hostels; Intensive plant agriculture;
Landscaping material supplies; Places of public worship; Plant nurseries;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Respite day care
centres; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Tourist
and visitor accommodation; Veterinary hospitals; Water storage
facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RU4Primary Production Small Lots
1Objectives of zone
•
To enable sustainable primary industry and other
compatible land uses.
•
To encourage and promote diversity and employment
opportunities in relation to primary industry enterprises, particularly those
that require smaller lots or that are more intensive in
nature.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To ensure that development is sympathetic to the
rural environment and minimises risks from natural and man-made
hazards.
2Permitted without consent
Environmental protection works; Home
occupations
3Permitted with consent
Agricultural produce industries; Animal boarding
or training establishments; Aquaculture; Bed and breakfast accommodation;
Building identification signs; Business identification signs; Car parks;
Cellar door premises; Centre-based child care facilities; Community
facilities; Crematoria; Dual occupancies; Dwelling houses; Educational
establishments; Environmental facilities; Extensive agriculture; Farm
buildings; Farm stay accommodation; Flood mitigation works; Forestry; Group
homes; Home-based child care; Intensive plant agriculture; Landscaping
material supplies; Places of public worship; Plant nurseries; Recreation
areas; Recreation facilities (indoor); Recreation facilities (outdoor);
Respite day care centres; Roads; Roadside stalls; Rural supplies; Secondary
dwellings; Veterinary hospitals; Water storage
facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To promote development in a manner that is
compatible with the rural character of the locality.
•
To provide for shop top housing that supports
business activity.
2Permitted without consent
Environmental protection works; Home
occupations
3Permitted with consent
Animal boarding or training establishments; Bed
and breakfast accommodation; Business premises; Car parks; Centre-based child
care facilities; Community facilities; Dwelling houses; Educational
establishments; Entertainment facilities; Environmental facilities; Flood
mitigation works; Food and drink premises; Function centres; Garden centres;
Group homes; Hardware and building supplies; Home-based child care;
Information and education facilities; Landscaping material supplies; Local
distribution premises; Markets; Neighbourhood shops; Office premises; Oyster
aquaculture; Places of public worship; Plant nurseries; Public administration
buildings; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Registered clubs; Respite day care centres; Roads; Rural
supplies; Schools; Service stations; Shop top housing; Shops; Signage;
Tank-based aquaculture; Timber yards; Vehicle repair stations; Veterinary
hospitals
4Prohibited
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.
•
To permit a range of non-residential land uses
that are capable of integration with the surrounding
locality.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Dwelling houses; Group homes;
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; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Commercial premises; Correctional
centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating
works; Entertainment facilities; Environmental facilities; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Function
centres; Heavy industrial storage establishments; Helipads; Highway service
centres; Home businesses; Home industries; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Jetties; Local distribution premises; Marinas; Mooring pens; Moorings;
Mortuaries; Open cut mining; Passenger transport facilities; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Restricted premises; Rural
industries; Rural workers’ dwellings; Service stations; Sewage treatment
plants; Sex services premises; Signage; Storage premises; Tourist and visitor
accommodation; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Warehouse or distribution
centres; Waste or resource management facilities; Water recreation structures;
Water recycling facilities; Water supply systems; 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.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Building identification signs; Business identification signs;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Educational establishments; Emergency services facilities;
Exhibition homes; Exhibition villages; Flood mitigation works; Group homes;
Health consulting rooms; Hospitals; Hostels; Information and education
facilities; Oyster aquaculture; Places of public worship; Pond-based
aquaculture; Public administration buildings; Recreation areas; Respite day
care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors
housing; Tank-based aquaculture
4Prohibited
Any development not specified in item 2 or
3
Zone R3Medium Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Group homes; Multi dwelling
housing; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Respite day care centres; Roads; Seniors housing; Tank-based aquaculture; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Commercial premises; Correctional
centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating
works; Entertainment facilities; Environmental facilities; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Function
centres; Heavy industrial storage establishments; Helipads; Highway service
centres; Home businesses; Home industries; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Jetties; Local distribution premises; Marinas; Mooring pens; Moorings;
Mortuaries; Open cut mining; Passenger transport facilities; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Residential flat buildings;
Restricted premises; Rural industries; Rural workers’ dwellings; Service
stations; Sewage treatment plants; Sex services premises; Shop top housing;
Storage premises; Tourist and visitor accommodation; Transport depots; Truck
depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary
hospitals; Warehouse or distribution centres; Waste or resource management
facilities; Water recreation structures; Water recycling facilities; Water
supply systems; 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 maximise opportunities for increased
development on all land by encouraging site
amalgamations.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Community facilities; 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;
Backpackers’ accommodation; Bed and breakfast accommodation; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Commercial premises; Correctional
centres; Crematoria; Depots; Dual occupancies; Eco-tourist facilities;
Electricity generating works; Entertainment facilities; Environmental
facilities; Extractive industries; Farm buildings; Forestry; Freight transport
facilities; Function centres; Heavy industrial storage establishments;
Helipads; Highway service centres; Home businesses; Home industries; Home
occupations (sex services); Hotel or motel accommodation; Industrial retail
outlets; Industrial training facilities; Industries; Jetties; Local
distribution premises; Marinas; Mooring pens; Moorings; Mortuaries; Open cut
mining; Passenger transport facilities; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Research stations; Restricted premises; Rural industries; Rural
workers’ dwellings; Service stations; Sewage treatment plants; 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;
Water recreation structures; Water recycling facilities; Water supply systems;
Wharf or boating facilities; Wholesale supplies
Zone B1Neighbourhood Centre
1Objectives of zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To provide for shop top housing that supports the
business activity in the centre.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Boarding houses; Business premises; Centre-based
child care facilities; Community facilities; Food and drink premises; Medical
centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture;
Respite day care centres; Roads; Shop top housing; Shops; 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; Attached
dwellings; Biosolids treatment facilities; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks;
Cemeteries; Charter and tourism boating facilities; Correctional centres;
Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities;
Entertainment facilities; Environmental facilities; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight
transport facilities; Function centres; Group homes; Heavy industrial storage
establishments; Helipads; Highway service centres; Home businesses; Home
industries; Home occupations (sex services); Hospitals; Industrial retail
outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring
pens; Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Passenger
transport facilities; Pond-based aquaculture; Recreation facilities (major);
Recreation facilities (outdoor); Registered clubs; Research stations;
Residential flat buildings; Resource recovery facilities; Restricted premises;
Retail premises; Roadside stalls; Rural industries; Rural workers’
dwellings; Secondary dwellings; Semi-detached dwellings; Service stations;
Sewage treatment plants; Sex services premises; Storage premises; Tourist and
visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Warehouse or distribution centres; Waste
disposal facilities; Water recreation structures; Water recycling facilities;
Water supply systems; Wharf or boating facilities; Wholesale
supplies
Zone B2Local Centre
1Objectives of zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To provide for shop top housing that supports
local business activity.
•
To ensure that mixed use developments include an
active street frontage by locating business, retail and community uses at
ground level.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Respite day care
centres; Restricted premises; Roads; Service stations; Shop top housing;
Tank-based aquaculture; Tourist and visitor accommodation; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Attached
dwellings; Biosolids treatment facilities; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks;
Cemeteries; Charter and tourism boating facilities; Correctional centres;
Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Group
homes; Heavy industrial storage establishments; Helipads; Home businesses;
Home industries; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Jetties; Marinas; Mooring pens;
Moorings; Mortuaries; Multi dwelling housing; Open cut mining; Pond-based
aquaculture; Recreation facilities (major); Research stations; Residential
flat buildings; Resource recovery facilities; Rural industries; Rural
workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewage
treatment plants; Sex services premises; Storage premises; Transport depots;
Truck depots; Vehicle body repair workshops; Warehouse or distribution
centres; Waste disposal facilities; Water recreation structures; Water
recycling facilities; Water supply systems; 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.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Centre-based child care facilities; Commercial
premises; Community facilities; Educational establishments; Entertainment
facilities; Function centres; Hotel or motel accommodation; Information and
education facilities; Medical centres; Oyster aquaculture; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Respite day care
centres; Restricted premises; Roads; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Biosolids treatment facilities;
Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping
grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Depots; Eco-tourist facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Heavy
industrial storage establishments; Helipads; Home-based child care; Home
businesses; Home industries; Home occupations; Home occupations (sex
services); Industrial retail outlets; Industrial training facilities;
Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut
mining; Pond-based aquaculture; Recreation facilities (major); Research
stations; Residential accommodation; Resource recovery facilities; Rural
industries; Sewage treatment plants; Sex services premises; Storage premises;
Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle
body repair workshops; Warehouse and distribution centres; Waste disposal
facilities; Water recreation structures; Water recycling facilities; Water
supply systems; Wharf or boating facilities; Wholesale
supplies
Zone B4Mixed Use
1Objectives of zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
•
To support the development of Bonnyrigg,
Prairiewood, Fairfield and Cabramatta as the principal locations for
specialist cultural, retail, business, tourist and entertainment facilities
and services.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Hotel or motel
accommodation; Information and education facilities; Medical centres; Oyster
aquaculture; Passenger transport facilities; Recreation facilities (indoor);
Registered clubs; Respite day care centres; Restricted premises; Roads;
Seniors housing; Shop top housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Attached dwellings; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Crematoria; Depots; Dual occupancies; Dwelling
houses; Eco-tourist facilities; Environmental facilities; Exhibition villages;
Extractive industries; Farm buildings; Farm stay accommodation; Forestry;
Freight transport facilities; Heavy industrial storage establishments;
Helipads; Home businesses; Home industries; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Multi dwelling housing;
Open cut mining; Pond-based aquaculture; Recreation facilities (major);
Research stations; Resource recovery facilities; Rural industries; Rural
workers’ dwellings; Secondary dwellings; Semi-detached dwellings; Sewage
treatment plants; Sex services premises; Storage premises; Transport depots;
Truck depots; Vehicle body repair workshops; Warehouse or distribution
centres; Waste disposal facilities; Water recreation structures; Water
recycling facilities; Water supply systems; Wharf or boating facilities;
Wholesale supplies
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 encourage the establishment of light
industrial uses that are compatible with nearby residential areas, generate
employment and contribute to the economic development of
Fairfield.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Centre-based child care facilities; Funeral
homes; Garden centres; Hardware and building supplies; Kiosks; Landscaping
material supplies; Light industries; Oyster aquaculture; Passenger transport
facilities; Plant nurseries; Respite day care centres; Roads; Specialised
retail premises; Take away food and drink premises; Tank-based aquaculture;
Timber yards; Vehicle sales or hire premises; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Entertainment facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; Function
centres; Heavy industrial storage establishments; Helipads; Home-based child
care; Home businesses; Home industries; Home occupations; Home occupations
(sex services); Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut
mining; Pond-based aquaculture; Recreation facilities (major); Research
stations; Residential accommodation; Resource recovery facilities; Restricted
premises; Rural industries; Sewage treatment plants; Sex services premises;
Tourist and visitor accommodation; Transport depots; Truck depots; Vehicle
body repair workshops; Waste disposal facilities; Water recreation structures;
Water recycling facilities; Water supply systems; Wharf or boating
facilities
Zone B6Enterprise Corridor
1Objectives of zone
•
To promote businesses along main roads and to
encourage a mix of compatible uses.
•
To provide a range of employment uses (including
business, office, retail and light industrial uses).
•
To maintain the economic strength of centres by
limiting retailing activity.
•
To provide for residential uses, but only as part
of a mixed use development.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations
3Permitted with consent
Business premises; Community facilities; Garden
centres; Hardware and building supplies; Hotel or motel accommodation; Kiosks;
Landscaping material supplies; Light industries; Neighbourhood shops; Oyster
aquaculture; Passenger transport facilities; Plant nurseries; Roads; Shop top
housing; Specialised retail premises; Take away food and drink premises;
Tank-based aquaculture; Timber yards; Vehicle sales or hire premises;
Warehouse or distribution centres; Any other development not specified in item
2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Biosolids
treatment plants; Boat building and repair facilities; Boat launching ramps;
Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism
boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Entertainment facilities; Environmental facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Function centres; Heavy industrial storage
establishments; Helipads; Home businesses; Home occupations (sex services);
Industrial training facilities; Industries; Jetties; Marinas; Mooring pens;
Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation
facilities (major); Research stations; Residential accommodation; Resource
recovery facilities; Restricted premises; Retail premises; Rural industries;
Sewage treatment plants; Sex services premises; Storage premises; Tourist and
visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Waste disposal facilities; Water
recreation structures; Water recycling facilities; Water supply systems; Wharf
or boating facilities
Zone IN1General Industrial
1Objectives of zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To ensure development is not likely to
detrimentally affect the viability of any nearby business
centre.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Depots; Freight transport facilities; Funeral
homes; Garden centres; General industries; Hardware and building supplies;
Industrial training facilities; Kiosks; Landscaping material supplies; Light
industries; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Plant nurseries; Roads; Rural supplies; Take away food and drink premises;
Tank-based aquaculture; Timber yards; Vehicle sales or hire premises;
Warehouse or distribution centres; Any other development not specified in item
2 or 4
4Prohibited
Air transport facilities; Airstrips; Amusement
centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks;
Cemeteries; Charter and tourism boating facilities; Commercial premises;
Correctional centres; Eco-tourist facilities; Entertainment facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extensive
agriculture; Farm buildings; Forestry; Function centres; Health consulting
rooms; Heavy industrial storage establishments; Heavy industries; Home-based
child care; Home businesses; Home occupations; Home occupations (sex
services); Information and education facilities; Intensive livestock
agriculture; Jetties; Marinas; Medical centres; Mooring pens; Moorings;
Pond-based aquaculture; Research stations; Residential accommodation;
Restricted premises; Rural industries; Sex services premises; Tourist and
visitor accommodation; Water recreation structures; Water reticulation
systems; Water treatment 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.
•
To ensure development is not likely to
detrimentally affect the viability of any nearby business
centre.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Depots; Funeral homes; Garden centres; Hardware
and building supplies; Industrial training facilities; Kiosks; Landscaping
material supplies; Light industries; Neighbourhood shops; Oyster aquaculture;
Places of public worship; Plant nurseries; Roads; Rural supplies; Take away
food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales
or hire premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Biosolids treatment facilities; Boat launching ramps; Boat
sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating
facilities; Commercial premises; Correctional centres; Crematoria; Eco-tourist
facilities; Entertainment facilities; Environmental facilities; Exhibition
homes; Exhibition villages; Farm buildings; Forestry; Freight transport
facilities; Function centres; General industries; Health consulting rooms;
Heavy industrial storage establishments; Heavy industries; Helipads;
Home-based child care; Home businesses; Home occupations; Home occupations
(sex services); Jetties; Marinas; Medical centres; Mooring pens; Moorings;
Pond-based aquaculture; Research stations; Residential accommodation; Resource
recovery facilities; Restricted premises; Rural industries; Sewage treatment
plants; Sex services premises; Tourist and visitor accommodation; Transport
depots; Truck depots; Waste disposal facilities; Water recreation structures;
Water recycling facilities; Water supply systems; Wharf or boating
facilities
Zone SP1Special Activities
1Objectives of zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Roads; The purpose shown on the
Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP3Tourist
1Objectives of zone
•
To provide for a variety of tourist-oriented
development and related uses.
•
To ensure that development is sympathetic to the
environment and minimises risks from natural and man-made
hazards.
2Permitted without consent
Environmental protection works; Home
occupations
3Permitted with consent
Aquaculture; Building identification signs;
Business identification signs; Car parks; Centre-based child care facilities;
Community facilities; Dwelling houses; Educational establishments; Flood
mitigation works; Food and drink premises; Function centres; Group homes;
Hostels; Places of public worship; Recreation areas; Recreation facilities
(indoor); Recreation facilities (major); Recreation facilities (outdoor);
Registered clubs; Respite day care centres; Roads; Tourist and visitor
accommodation
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Environmental protection works;
Markets
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Boat sheds; Building identification signs; Business
identification signs; Camping grounds; Caravan parks; Charter and tourism
boating facilities; Community facilities; Environmental facilities; Flood
mitigation works; Function centres; Heliports; Information and education
facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation
areas; Recreation facilities (indoor); Recreation facilities (major);
Recreation facilities (outdoor); Restaurants or cafes; Roads; Water recreation
structures; Water recycling facilities; Water supply systems; Wharf or boating
facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Boat sheds; Building identification signs; Business
identification signs; Camping grounds; Car parks; Caravan parks; Centre-based
child care facilities; Charter and tourism boating facilities; Community
facilities; Environmental facilities; Flood mitigation works; Function
centres; Helipads; Information and education facilities; Jetties; Kiosks;
Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Respite day care centres; Restaurants or cafes;
Roads; Water recreation structures; Water recycling facilities; Water supply
systems; Wharf or boating facilities
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 enhance and protect riparian corridors and
water quality associated with the waterways of
Fairfield.
2Permitted without consent
Nil
3Permitted with consent
Environmental facilities; Environmental
protection works; Flood mitigation works; Oyster aquaculture; Recreation
areas; Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Local distribution premises; Multi dwelling housing; Pond-based
aquaculture; Recreation facilities (major); Residential flat buildings;
Restricted premises; Retail premises; Seniors housing; Service stations;
Tank-based aquaculture; Warehouse or distribution centres; Any other
development not specified in item 2 or 3
Zone C3Environmental Management
1Objectives of zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To ensure that development is sympathetic to the
environment and minimises risks from natural and man-made
hazards.
2Permitted without consent
Home occupations
3Permitted with consent
Dwelling houses; Environmental facilities;
Environmental protection works; Extensive agriculture; Flood mitigation works;
Intensive plant agriculture; Oyster aquaculture; Pond-based aquaculture;
Recreation areas; Roads; Tank-based aquaculture
4Prohibited
Industries; Local distribution premises; 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 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 launching ramps; Boat sheds;
Building identification signs; Business identification signs; Charter and
tourism boating facilities; Environmental facilities; Environmental protection
works; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Recreation facilities
(outdoor); Water recreation structures; Wharf or boating
facilities
4Prohibited
Industries; Local distribution premises; Multi
dwelling housing; Residential flat buildings; Seniors housing; Warehouse or
distribution centres; Any other development not specified in item 2 or
3
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to ensure that subdivision reflects and
reinforces the predominant subdivision pattern of the
area,
(b)
to minimise any likely impact of subdivision and
development on the amenity of neighbouring properties,
(c)
to ensure that subdivision does not exacerbate
land fragmentation,
(d)
to foster viable agricultural
undertakings.
(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 in
calculating the lot size.
(4)
This clause does not apply in relation to the
subdivision of any land—
(a)
by the registration of a strata plan or strata
plan of subdivision under the Strata Schemes Development Act
2015, or
(b)
by any kind of subdivision under the Community Land Development Act
2021.
4.1AAMinimum subdivision lot size for community title
schemes
(1)
The objectives of this clause are as
follows—
(a)
to ensure that land to which this clause applies
is not fragmented by subdivisions that would create additional dwelling
entitlements,
(b)
to ensure that lot sizes in community title
schemes are consistent with the desired residential density for different
locations,
(c)
to ensure that lot sizes in community title
schemes are able to accommodate development that is suitable for its purpose
and consistent with relevant development controls,
(d)
to prevent fragmentation of land that would
prevent the achievement of the extent of development and nature of uses
envisioned for particular locations,
(e)
to prevent an increased traffic and safety impact
as a result of increased lots on classified roads,
(f)
to minimise any likely impact of subdivision and
development on the amenity of neighbouring properties,
(g)
to ensure that a subdivision of land reflects and
reinforces the predominant subdivision pattern of the
area,
(h)
to ensure that lot sizes in community title
schemes allow buildings to be sited to protect natural or cultural features,
including heritage items, and retain special features such as trees and
views.
(2)
This clause applies to a subdivision (being a
subdivision that requires development consent) under the Community Land Development Act 2021 of
land in any of the following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU5 Village,
(e)
Zone R1 General Residential,
(f)
Zone R2 Low Density
Residential,
(g)
Zone R3 Medium Density
Residential,
(h)
Zone R4 High Density
Residential,
(i)
Zone B1 Neighbourhood Centre,
(j)
Zone B2 Local Centre,
(k)
Zone B3 Commercial Core,
(l)
Zone B4 Mixed Use,
(m)
Zone B5 Business Development,
(n)
Zone B6 Enterprise Corridor,
(o)
Zone IN1 General Industrial,
(p)
Zone IN2 Light Industrial,
(q)
Zone SP1 Special Activities,
(r)
Zone SP2 Infrastructure,
(s)
Zone SP3 Tourist,
(t)
Zone RE1 Public Recreation,
(u)
Zone RE2 Private Recreation,
(v)
Zone E2 Environmental
Conservation,
(w)
Zone E3 Environmental
Management,
(x)
Zone W2 Recreational
Waterways,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 2021) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
(4)
This clause applies despite clause
4.1.
cl 4.1AA: Ins 2018
(605), Sch 1 [1].
4.1AMinimum lot size for dual
occupancies
(1)
The objective of this clause is to establish a
minimum lot size for dual occupancies.
(2)
Despite clause 4.1, development consent may be
granted for development for the purpose of a dual occupancy if the development
will be located on a lot that is at least the minimum size shown on the
Lot Size for
Dual Occupancy Development Map in relation to that
land.
4.1BMinimum subdivision lot size for dual
occupancies
(1)
The objectives of this clause are as
follows—
(a)
to ensure that lot sizes are consistent with the
predominant subdivision pattern of the area and maintain a low density
residential character in existing neighbourhoods,
(b)
to minimise any adverse impact on residential
amenity,
(c)
to prevent the fragmentation of
land.
(2)
Despite clauses 4.1 and 4.1A, development consent
may be granted for the subdivision of land in Zone R2 Low Density Residential
into lots of less than the minimum lot size shown on the Lot Size
Map in relation to that land if—
(a)
there is an existing dual occupancy on the land
that was lawfully erected under an environmental planning instrument,
and
(b)
the lot size of each resulting lot will be at
least 300 square metres, and
(c)
there will be one dwelling on each resulting
lot.
4.1CExceptions to minimum lot sizes for certain residential
development
(1)
The objectives of this clause are—
(a)
to encourage housing diversity without adversely
impacting on residential amenity, and
(b)
to ensure that lot sizes are consistent with the
predominant subdivision pattern of the area and maintain a low density
residential character in existing neighbourhoods.
(2)
This clause applies to development on land in
Zone R2 Low Density Residential identified as “Area 1” on the
Lot Size
Map.
(3)
Despite clause 4.1, 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 or a
semi-detached dwelling on each lot resulting from the subdivision, if the size
of each lot is equal to or greater than 200 square
metres.
(4)
Development consent must not be granted under
this clause to development that may result in more than one dwelling on a
lot.
cl 4.1C: Ins 2015
(436), Sch 1.
4.2Rural subdivision
(1)
The objective of this clause is to provide
flexibility in the application of standards for subdivision in rural zones to
allow land owners a greater chance to achieve the objectives for development
in the relevant zone.
(2)
This clause applies to the following rural
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(baa)
Zone RU3 Forestry,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU6 Transition.
(3)
Land in a zone to which this clause applies may,
with development consent, be subdivided for the purpose of primary production
to create a lot of a size that is less than the minimum size shown on the
Lot Size
Map in relation to that land.
(4)
However, such a lot cannot be created if an
existing dwelling would, as the result of the subdivision, be situated on the
lot.
(5)
A dwelling cannot be erected on such a
lot.
Note—
A dwelling includes a rural worker’s
dwelling (see definition of that term in the
Dictionary).
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to establish the maximum height for
buildings,
(b)
to ensure that the height of buildings
complements the streetscape and character of the area in which the buildings
are located,
(c)
to minimise the visual impact, disruption of
views, loss of privacy and loss of solar access to existing
development,
(d)
to ensure that buildings are compatible with the
height, bulk and scale of the existing and desired future character of the
locality,
(e)
to ensure that taller buildings are located
appropriately in relation to view corridors and view impacts and in a manner
that is complementary to the natural topography of the
area,
(f)
to allow adequate natural light and ventilation
between dwellings and sufficient separation for acoustic and visual
privacy.
(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.
Note—
See Part 7 for exceptions to the maximum height
of buildings in the Bonnyrigg, Cabramatta, Canley Heights, Canley Vale,
Fairfield, Villawood and Fairfield Heights Town Centres.
cl 4.3: Am 2020
(251), Sch 1[1]; 2020 (526), Sch 1[5]; 2020 (690), Sch 1[3].
4.4Floor space ratio
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate density of development
consistent with the established centres hierarchy,
(b)
to ensure building density, bulk and scale make a
positive contribution toward the desired built form as identified by the
established centres hierarchy,
(c)
to control building density and bulk in relation
to the site area and within building envelopes to ensure that buildings are
compatible with the bulk and scale of the existing and desired future
character of the locality,
(d)
to maintain an appropriate visual relationship
between new development and the existing character of areas or locations that
are not undergoing, and are not likely to undergo, a substantial
transformation,
(e)
to reduce the visual impact of development by
limiting floor space to ensure that a building’s bulk and scale are
appropriate for the site,
(f)
to minimise adverse environmental effects on the
use or enjoyment of adjoining properties and the public
domain,
(g)
to establish the maximum development density and
intensity of land use, having regard to the availability of infrastructure and
generation of vehicular and pedestrian traffic,
(h)
to facilitate design excellence by ensuring the
extent of floor space in building envelopes leaves generous space for the
articulation and modulation of design,
(i)
to provide an appropriate correlation between the
size of a site and the extent of any development on that
site.
(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.
Note—
See Part 7 for exceptions to the maximum floor
space ratio for buildings in the Cabramatta and Fairfield Town
Centres.
cl 4.4: Am 2020
(690), Sch 1[4].
4.4AExceptions to maximum floor space ratio in Zone
R4
(1)
This clause applies to land in Zone R4 High
Density Residential (excluding any land in Bonnyrigg, Cabramatta, Canley Vale
and Fairfield Heights).
(2)
Despite clause 4.4, the maximum floor space ratio
for a building on land to which this clause applies is as
follows—
(a)
if the building has a street frontage of less
than 30 metres—0.8:1,
(b)
if the building has a street frontage of at least
30 metres, but less than 45 metres—
(i)
1.25:1 if the site has a depth of less than 40
metres, or
(ii)
1.5:1 if the site has a depth of at least 40
metres,
(c)
if the building has a street frontage of at least
45 metres—
(i)
1.5:1 if the site has a depth of less than 40
metres, or
(ii)
2:1 if the site has a depth of at least 40
metres.
cl 4.4A: Am 2016
(814), cl 5; 2020 (526), Sch 1[6].
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.
(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.