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 (Industry and Employment) 2021, Chapter
3
State Environmental Planning
Policy (Primary Production) 2021, Chapter
2
Note 2—
Under the Standard
Instrument (Local Environmental Plans) Order 2006,
Schedule 1, clause 6(2), this Plan is, until 26 April 2025, taken to apply to
land identified as “Land subject to Richmond Valley Regional Jobs
Precinct Process” on the Land Zoning Map (the subject land) as if
certain amendments to this Plan had not commenced on 26 April 2023. As a
result, until 26 April 2025 and to the extent this Plan applies to the subject
land, this Plan is taken to include the references to business and industrial
zones that were in this Plan immediately before 26 April
2023.
Land Use tbl: Am 2013
(383), Sch 1 [1]; 2014 (155), cl 4 (1); 2016 (123), Sch 1 [1]; 2016 (168), Sch
1 [2]; 2017 (493), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2022 (314), Sch 1; 2022
(727), Sch 4.7.
Zone RU1Primary Production
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To encourage diversity in primary industry
enterprises and systems appropriate for the area.
•
To minimise the fragmentation and alienation of
resource lands.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To ensure that development does not unreasonably
increase the demand for public services or public
facilities.
2Permitted without consent
Extensive agriculture; Forestry; Home
occupations; Horticulture; Viticulture
3Permitted with consent
Air transport facilities; Airstrips; Animal
boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan
parks; Cellar door premises; Cemeteries; Charter and tourism boating
facilities; Community facilities; Correctional centres; Crematoria; Dual
occupancies; Dwelling houses; Eco-tourist facilities; Educational
establishments; Environmental facilities; Environmental protection works;
Extractive industries; Farm buildings; Farm stay accommodation; Flood
mitigation works; Funeral homes; Group homes; Helipads; Home-based child care;
Home businesses; Home industries; Home occupations (sex services); Hospitals;
Information and education facilities; Intensive livestock agriculture;
Intensive plant agriculture; Jetties; Kiosks; Landscaping material supplies;
Moorings; Open cut mining; Passenger transport facilities; Places of public
worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor);
Restaurants or cafes; Roads; Roadside stalls; Rural industries; Rural
supplies; Rural workers’ dwellings; Service stations; Signage; Turf
farming; Veterinary hospitals; Water recreation structures; Water supply
systems
4Prohibited
Advertising structures; Any other development not
specified in item 2 or 3
Zone RU3Forestry
1Objectives of zone
•
To enable development for forestry
purposes.
•
To enable other development that is compatible
with forestry land uses.
2Permitted without consent
Roads; Uses authorised under the Forestry Act 2012 or under Part 5B
(Private native forestry) of the Local Land
Services Act 2013
3Permitted with consent
Aquaculture
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To minimise conflict between land uses within the
zone and land uses within adjoining zones.
2Permitted without consent
Home occupations
3Permitted with consent
Amusement centres; Boat building and repair
facilities; Boat launching ramps; Boat sheds; Car parks; Caravan parks;
Cemeteries; Charter and tourism boating facilities; Centre-based child care
facilities; Commercial premises; Community facilities; Correctional centres;
Crematoria; Depots; Dwelling houses; Eco-tourist facilities; Entertainment
facilities; Environmental facilities; Environmental protection works;
Exhibition homes; Exhibition villages; Extensive agriculture; Flood mitigation
works; Freight transport facilities; Function centres; General industries;
Heavy industrial storage establishments; Highway service centres; Home-based
child care; Home businesses; Industrial retail outlets; Industrial training
facilities; Information and education facilities; Jetties; Light industries;
Local distribution premises; Moorings; Mortuaries; Neighbourhood shops; Oyster
aquaculture; 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; Roads; Rural industries; Schools; Service stations; Sewage treatment
plants; Signage; Storage premises; Tank-based aquaculture; Tourist and visitor
accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair
stations; Veterinary hospitals; Warehouse or distribution centres; Water
recreation structures; Water supply systems; Wharf or boating facilities;
Wholesale supplies
4Prohibited
Attached dwellings; Bee keeping; Dairies
(pasture-based); Farm stay accommodation; Livestock processing industries;
Rural workers’ dwellings; Sawmill or log processing works; Semi-detached
dwellings; Stock and sale yards; Water storage facilities; 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 ensure that housing densities are generally
concentrated in locations accessible to public transport, employment, services
and facilities.
•
To minimise conflict between land uses within the
zone and land uses within adjoining zones.
2Permitted without consent
Home occupations
3Permitted with consent
Attached dwellings; Boarding houses; Boat
launching ramps; Boat sheds; Car parks; Caravan parks; Centre-based child care
facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency
services facilities; Environmental facilities; Environmental protection works;
Exhibition homes; Exhibition villages; Extensive agriculture; Flood mitigation
works; Function centres; Group homes; Highway service centres; Home-based
child care; Home businesses; Home industries; Hostels; Information and
education facilities; Jetties; Kiosks; Multi dwelling housing; Neighbourhood
shops; Office premises; Oyster aquaculture; Passenger transport facilities;
Places of public worship; Pond-based aquaculture; Public administration
buildings; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Residential flat buildings; Respite day care centres;
Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Signage;
Tank-based aquaculture; Tourist and visitor accommodation; Transport depots;
Veterinary hospitals; Water recreation structures
4Prohibited
Advertising structures; Bee keeping; Dairies
(pasture-based); Farm stay accommodation; Any other development not specified
in item 2 or 3
Zone R5Large Lot Residential
1Objectives of zone
•
To provide residential housing in a rural setting
while preserving, and minimising impacts on, environmentally sensitive
locations and scenic quality.
•
To ensure that large residential lots do not
hinder the proper and orderly development of urban areas in the
future.
•
To ensure that development in the area does not
unreasonably increase the demand for public services or public
facilities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without consent
Extensive agriculture; Home
occupations
3Permitted with consent
Bed and breakfast accommodation; Boat launching
ramps; Boat sheds; Community facilities; Dual occupancies; Dwelling houses;
Emergency services facilities; Environmental protection works; Exhibition
homes; Farm buildings; Flood mitigation works; Group homes; Home-based child
care; Home businesses; Home industries; Information and education facilities;
Jetties; Kiosks; Oyster aquaculture; Pond-based aquaculture; Recreation areas;
Roads; Roadside stalls; Signage; Tank-based aquaculture; Water recreation
structures
4Prohibited
Any development not specified in item 2 or
3
Zone B1Neighbourhood Centre
1Objectives of zone
•
To provide a range of small-scale retail,
business and community uses that serve the needs of people who live or work in
the surrounding neighbourhood.
•
To provide for limited residential and other
accommodation in conjunction with retail or business premises to support local
business.
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; Backpackers’ accommodation;
Bed and breakfast accommodation; Boat building and repair facilities; Boat
launching ramps; Camping grounds; Caravan parks; Cemeteries; Correctional
centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating
works; 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); Hospitals; Industrial retail
outlets; Industrial training facilities; Industries; Marinas; Markets; Mooring
pens; Moorings; Mortuaries; Open cut mining; Places of public worship;
Pond-based aquaculture 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; Storage premises; Timber yards;
Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair
stations; Warehouse or distribution centres; Waste or resource management
facilities; Water recreation structures; Water treatment facilities; Wharf or
boating facilities; Wholesale supplies
Zone B2Local Centre
1Objectives of zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To provide for limited residential and other
accommodation in conjunction with retail or business premises to support local
business.
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; 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; Biosolids treatment facilities;
Boat building and repair facilities; Boat launching ramps; Camping grounds;
Caravan parks; Cemeteries; Correctional centres; Crematoria; Depots;
Eco-tourist facilities; Electricity generating works; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight
transport facilities; Heavy industrial storage establishments; Helipads; Home
occupations (sex services); Industrial retail outlets; Industrial training
facilities; Industries; Marinas; Mooring pens; Moorings; Open cut mining;
Pond-based aquaculture Recreation facilities (major); Recreation facilities
(outdoor); Research stations; Residential accommodation; Rural industries;
Sewage treatment plants; Sex services premises; Storage premises; Transport
depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution
centres; Waste or resource management facilities; Water recreation structures;
Water recycling facilities; Water treatment facilities; Wharf or boating
facilities
Zone B3Commercial Core
1Objectives of zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses 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
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; Bed and breakfast accommodation;
Biosolids treatment facilities; Boat building and repair facilities; Boat
launching ramps; Camping grounds; Caravan parks; Cemeteries; Correctional
centres; Crematoria; Depots; 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; Industrial retail outlets;
Industrial training facilities; Industries; Marinas; Mooring pens; Moorings;
Open cut mining; Pond-based aquaculture Research stations; Residential
accommodation; Rural industries; Sewage treatment plants; Sex services
premises; Transport depots; Truck depots; Vehicle body repair workshops;
Warehouse or distribution centres; Waste or resource management facilities;
Water recreation structures; Water recycling facilities; Water treatment
facilities; Wharf or boating facilities
Zone IN1General Industrial
1Objectives of zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To enable development that is associated with,
ancillary to, or supportive of, industry or industrial
employees.
2Permitted without consent
Nil
3Permitted with consent
Depots; Freight transport facilities; Funeral
homes; Garden centres; General industries; Hardware and building supplies;
Heavy industrial storage establishments; Industrial training facilities;
Landscaping material supplies; Light industries; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Roads; Rural supplies; Tank-based
aquaculture; Take away food and drink premises; Timber yards; Vehicle sales or
hire premises; Warehouse or distribution centres; Any other development not
specified in item 2 or 4
4Prohibited
Airstrips; Amusement centres; Bee keeping;
Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating
facilities; Centre-based child care facilities; Commercial premises; Community
facilities; Eco-tourist facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Function centres; Health
services facilities; Heavy industries; Highway service centres; Home-based
child care; Home businesses; Home occupations; Home occupations (sex
services); Information and education facilities; Moorings; Pond-based
aquaculture Recreation facilities (outdoor); Registered clubs; Residential
accommodation; Respite day care centres; Restricted premises; Schools; Tourist
and visitor accommodation
Zone SP1Special Activities
1Objectives of zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
2Permitted without consent
Roads
3Permitted with consent
Aquaculture; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Nil
3Permitted with consent
Animal boarding or training establishments;
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs;
Business identification signs; Caravan parks; Charter and tourism boating
facilities; Community facilities; Emergency services facilities; Environmental
facilities; Environmental protection works; Extensive agriculture; Flood
mitigation works; Information and education facilities; Jetties; Kiosks;
Marinas; Markets; Mooring pens; Moorings; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Roads; Water recreation structures; Water reticulation systems;
Water storage facilities
4Prohibited
Bee keeping; Dairies (pasture-based); Any other
development not specified in item 2 or 3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Nil
3Permitted with consent
Animal boarding or training establishments;
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs;
Business identification signs; Car parks; Caravan parks; Charter and tourism
boating facilities; Centre-based child care facilities; Community facilities;
Dwelling houses; Emergency services facilities; Entertainment facilities;
Environmental facilities; Environmental protection works; Extensive
agriculture; Flood mitigation works; Function centres; Home businesses; Home
occupations; 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; Roads; Tourist and visitor
accommodation; Water recreation structures; Water reticulation systems; Water
storage facilities
4Prohibited
Bee keeping; Dairies (pasture-based); Any other
development not specified in item 2 or 3
Zone C1National Parks and Nature
Reserves
1Objectives of zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks
and Wildlife Act 1974 or that is acquired under Part 11 of
that Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone C2Environmental Conservation
1Objectives of zone
•
To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage
or otherwise have an adverse effect on those
values.
2Permitted without consent
Nil
3Permitted with consent
Environmental facilities; Environmental
protection works; Information and education facilities; Jetties; Oyster
aquaculture 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.
2Permitted without consent
Home occupations
3Permitted with consent
Agriculture; Animal boarding or training
establishments; Bed and breakfast accommodation; Boat launching ramps; Boat
sheds; Camping grounds; Cellar door premises; Charter and tourism boating
facilities; Centre-based child care facilities; Community facilities; Dual
occupancies (attached); Dwelling houses; Eco-tourist facilities; Electricity
generating works; Emergency services facilities; Environmental facilities;
Environmental protection works; Farm buildings; Farm stay accommodation; Flood
mitigation works; Group homes; Health consulting rooms; Home-based child care;
Home businesses; Home industries; Home occupations (sex services); Hostels;
Information and education facilities; Jetties; Kiosks; Marinas; Mooring pens;
Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation
areas; Recreation facilities (outdoor); Research stations; Respite day care
centres; Roads; Roadside stalls; Rural industries; Rural workers’
dwellings; Signage; Tank-based aquaculture; Water recreation structures; Water
reticulation systems; Water storage facilities
4Prohibited
Advertising structures; Agricultural produce
industries; Industries; Intensive livestock agriculture; Livestock processing
industries; Local distribution premises; Multi dwelling housing; Residential
flat buildings; Retail premises; Sawmill or log processing works; Seniors
housing; Service stations; Stock and sale yards; Turf farming; 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 Boat launching ramps; Boat sheds;
Charter and tourism boating facilities; Emergency services facilities;
Environmental facilities; Environmental protection works; Extractive
industries; Flood mitigation works; Jetties; Marinas; Mooring pens; Moorings;
Passenger transport facilities; Recreation areas; Recreation facilities
(outdoor); Roads; Water recreation structures; Water reticulation systems;
Water storage facilities; Wharf or boating facilities
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Local distribution premises; 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
Air transport facilities; Aquaculture; Boat
launching ramps; Boat sheds; Charter and tourism boating facilities; Emergency
services facilities; Environmental facilities; Environmental protection works;
Extractive industries; Flood mitigation works; Jetties; Kiosks; Marinas;
Mooring pens; Moorings; Passenger transport facilities; Recreation areas;
Recreation facilities (outdoor); Roads; Water recreation structures; Water
reticulation systems; Water storage facilities; 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 lot sizes have a practical and
efficient layout to meet their intended use, and
(b)
to prevent the fragmentation of rural
lands.
(2)
This clause applies to a subdivision of any land
shown on the Lot Size Map that requires development
consent and that is carried out after the commencement of this
Plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies is not to be less than the minimum size
shown on the Lot Size Map in relation to that
land.
(4)
This clause does not apply in relation to the
subdivision of any land—
(a)
by the registration of a strata plan or strata
plan of subdivision under the Strata Schemes Development Act
2015, or
(b)
by any kind of subdivision under the Community Land Development Act
2021.
(4A)
Despite subclause (3)—
(a)
land within Zone RU5 Village may be subdivided to
create lots of at least 600 square metres, but only if the consent authority
is satisfied that each lot is, or will be, serviced by a water reticulation
system and sewerage system, and
(b)
development consent may be granted 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, but only where that lot comprises the entire residue of
a subdivision under clause 4.2 or 4.2A.
cl 4.1: Am 2014
(135), Sch 1 [1].
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
opportunities.
(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 R5 Large Lot
Residential,
(c)
Zone E3 Environmental
Management,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 2021) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
(4)
This clause applies despite clause
4.1.
cll 4.1AA, 4.1A: Am
2013 (383), Sch 1 [2].
4.1AMinimum subdivision lot size for strata plan schemes in
certain rural, residential and environmental 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 opportunities.
(2)
This clause applies to land in any of the
following zones that is used, or is proposed to be used, for residential
accommodation or tourist and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone R5 Large Lot
Residential,
(c)
Zone E3 Environmental
Management.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies for a strata plan scheme (other than any
lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act
1973 or Strata Schemes (Leasehold
Development) Act 1986) must not be less than the minimum
size shown on the Lot Size Map in relation to that
land.
Note—
Part 6 of State
Environmental Planning Policy (Exempt and Complying Development Codes)
2008 provides that strata subdivision of a building in
certain circumstances is specified complying
development.
cll 4.1AA, 4.1A: Am
2013 (383), Sch 1 [2].
4.1BMinimum lot sizes for dual
occupancies
(1)
The objective of this clause is to achieve
planned residential density in certain zones.
(2)
Development consent may be granted for
development on a lot in a zone shown in Column 2 of the Table to this clause
for a purpose shown in Column 1 of the Table opposite that zone, if the area
of the lot is equal to or greater than the area specified for that purpose and
shown in Column 3 of the Table.
Column
1
Column
2
Column
3
Dual occupancy
(attached)
Zone RU5
Village
400 square
metres
Zone R1 General
Residential
400 square
metres
Zone E3
Environmental Management
5
hectares
Dual occupancy
(detached)
Zone RU5
Village
600 square
metres
Zone R1 General
Residential
600 square
metres
Dual
occupancy
Zone RU1
Primary Production
1.5
hectares
Zone R5 Large
Lot Residential
1.5
hectares
cl 4.1B: Am 2016
(123), Sch 1 [2].
4.1CExceptions to minimum lot size for dual
occupancies
(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 that
is serviced by a water reticulation system and sewerage system in the
following zones—
(a)
Zone RU5 Village,
(b)
Zone R1 General
Residential.
(3)
Development consent may be granted for the
subdivision of land to which this clause applies if there is an existing dual
occupancy situated on the land and each resulting lot from the
subdivision—
(a)
will be at least 350 square metres,
and
(b)
will contain a single
dwelling.
cl 4.1C: Am 2012 No
95, Sch 2.30; 2014 (135), Sch 1 [2].
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
RU2 Rural Landscape, Zone RU4 Primary Production Small Lots or 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).
4.2AExceptions to minimum lot sizes for certain rural
subdivisions
(1)
The objective of this clause is to enable the
subdivision of land in rural areas to create lots of an appropriate size to
meet the needs of current permissible uses other than for the purpose of
dwelling houses or dual occupancies.
(2)
This clause applies to land in Zone RU1 Primary
Production.
(3)
Land to which this clause applies may, with
development consent, be subdivided 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,
if the consent authority is satisfied that the use of the land after the
subdivision will be the same use (other than a dwelling house or a dual
occupancy) permitted under the existing development consent for the
land.
(4)
Development consent must not be granted for the
subdivision of land to which this clause applies unless the consent authority
is satisfied that—
(a)
the subdivision will not adversely affect the use
of the surrounding land for agriculture, and
(b)
the subdivision is necessary for the ongoing
operation of the permissible use, and
(c)
the subdivision will not increase rural land use
conflict in the locality, and
(d)
the subdivision is appropriate having regard to
the natural and physical constraints affecting the
land.
4.2BErection of dual occupancies and dwelling houses on land
in Zones RU1, R5 and E3
(1)
The objectives of this clause are as
follows—
(a)
to minimise unplanned rural residential
development,
(b)
to enable the replacement of lawfully erected
dual occupancies or dwelling houses in rural and environmental protection
zones,
(c)
to provide alternative accommodation for rural
families and workers,
(d)
to ensure that development is of a scale and
nature that is compatible with the primary production potential, rural
character and environmental capabilities of the land,
(e)
to set out consent considerations for development
of dual occupancies (detached) to address matters such as access, siting, land
suitability and potential impacts.
(2)
Development consent must not be granted for the
erection of a dual occupancy or a dwelling house on land in Zone RU1 Primary
Production or a dual occupancy (attached) or a dwelling house on land in Zone
E3 Environmental Management, and on which no dual occupancy or dwelling house
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 resulting from a subdivision for which
development consent has been granted under clause 4.6, or
(c)
a lot created before this Plan commenced and on
which the erection of a dual occupancy or a dwelling house was permissible
immediately before that commencement, or
(d)
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 dual occupancy or a dwelling house would have been
permissible if the plan of subdivision had been registered before that
commencement, or
(e)
a lot on land that is identified as
“Dwelling opportunity” on the Dwelling Opportunity
Map, or
(f)
a lot created under clause 4.1 (4A) (b), but only
if the erection of a dual occupancy or a dwelling house was permissible for
the land from which it was created.
Note—
A dwelling cannot be erected on a lot created
under clause 4.2.
(3)
However, development consent may be granted for
the erection of a dual occupancy or a dwelling house on land in Zone RU1
Primary Production or a dual occupancy (attached) or a dwelling house on land
in Zone E3 Environmental Management (the relevant dwelling)
if—
(a)
there is a lawfully erected dual occupancy or
dwelling house on the land and the relevant dwelling to be erected is intended
only to replace the existing dual occupancy or dwelling house,
or
(b)
the land would have been a lot or a holding
referred to in subclause (2) 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, or
(iii)
a lot boundary adjustment under clause
4.2C.
(4)
Development consent must not be granted to
development for the purpose of a dual occupancy (detached) on land in Zone RU1
Primary Production or Zone R5 Large Lot Residential unless the consent
authority is satisfied that—
(a)
the development will not impair the use of the
land for agriculture or rural industries in the locality,
and
(b)
if it is practicable, each dwelling will use the
same vehicular access to and from a public road, and
(c)
any dwellings will be situated within 100 metres
of each other, and
(d)
the land is physically suitable for the
development, and
(e)
the land is capable of accommodating the on-site
disposal and management of sewage for the development, and
(f)
the development will not have an adverse impact
on the scenic amenity or character of the rural
environment.
(5)
To the extent that subclause (4) applies to
development on land in Zone RU1 Primary Production, it applies in addition to
any other requirements for development consent that may apply to the
development under this clause.
cl 4.2B: Am 2014
(135), Sch 1 [3]. Subst 2016 (123), Sch 1 [3].
4.2CExceptions to minimum subdivision lot size for lot
boundary adjustments
(1)
The objective of this clause is to permit lot
boundary adjustments of land in Zone RU1 Primary Production or Zone E3
Environmental Management, which will provide improved agricultural or
environmental outcomes without creating additional opportunities for the
erection of dwellings.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone E3 Environmental
Management.
(3)
Development consent may be granted for the
subdivision of land to which this clause applies 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 if the consent authority is satisfied
that—
(a)
the subdivision will not result in the creation
of, or the opportunity to create, additional lots, and
(b)
the subdivision will not result in the creation
of, or the opportunity to create, additional dwelling entitlements on any of
the lots, and
(c)
the subdivision will not adversely impact on the
long-term agricultural production potential or environmental characteristics
of the lots and the surrounding locality.
cl 4.2C: Ins 2016
(123), Sch 1 [3].
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 visual impact, disruption of views,
loss of privacy and loss of solar access to existing
development.
(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
[Not adopted]
4.5Calculation of floor space ratio and site
area
[Not adopted]
4.6Exceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental
Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living
if—
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
Note—
When this Plan was made it did not include Zone
RU2 Rural Landscape, Zone RU4 Primary Production Small Lots, Zone RU6
Transition or Zone E4 Environmental Living.
(7)
After determining a development application made
pursuant to this clause, the consent authority must keep a record of its
assessment of the factors required to be addressed in the applicant’s
written request referred to in subclause (3).
(8)
This clause does not allow development consent to
be granted for development that would contravene any of the
following—
(a)
a development standard for complying
development,
(b)
a development standard that arises, under the
regulations under the Act, in connection with a commitment set out in a BASIX
certificate for a building to which State
Environmental Planning Policy (Building Sustainability Index: BASIX)
2004 applies or for the land on which such a building is
situated,
(c)
clause 5.4,
(caa)
clause 5.5,
(ca)
clause 6.1.