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
Land Use tbl: Am 2011
(363), Sch 22 [1]–[28]; 2013 (56), Sch 1 [1]; 2014 (577), cl 5; 2016
(168), Sch 1 [2]; 2017 (493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2019 No 1,
Sch 2.32; 2019 (621), Sch 3; 2020 (655), cl 5; 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.
•
To permit subdivision only where it is considered
by the Council to be necessary to maintain or increase agricultural
production.
•
To restrict the establishment of inappropriate
traffic generating uses along main road frontages.
•
To ensure sound management of land which has an
extractive or mining industry potential and to ensure that development does
not adversely affect the extractive industry.
•
To permit development for purposes where it can
be demonstrated that suitable land or premises are not available
elsewhere.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Forestry; Home-based child care; Home occupations; Moorings;
Roads
3Permitted with consent
Aquaculture; Cellar door premises; Dual occupancy
(attached); Dwelling houses; Extractive industries; Farm buildings; Intensive
livestock agriculture; Intensive plant agriculture; Kiosks; Landscaping
material supplies; Open cut mining; Plant nurseries; Roadside stalls; Rural
workers’ dwellings; Any other development not specified in item 2 or
4
4Prohibited
Amusement centres; Cemeteries; Centre-based child
care facilities; Commercial premises; Crematoria; Depots; Eco-tourist
facilities; Educational establishments; Entertainment facilities; Exhibition
homes; Exhibition villages; Function centres; Health services facilities;
Heavy industrial storage establishments; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Local distribution
premises; Mortuaries; Registered clubs; Residential accommodation; Respite day
care centres; Restricted premises; Service stations; Serviced apartments; Sex
services premises; Storage premises; Vehicle body repair workshops; Vehicle
repair stations; Wharf or boating facilities; Wholesale
supplies
Zone RU3Forestry
1Objectives of zone
•
To enable development for forestry
purposes.
•
To enable other development that is compatible
with forestry land uses.
2Permitted without consent
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 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.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home occupations; Moorings;
Roads
3Permitted with consent
Agricultural produce industries; Aquaculture;
Cellar door premises; Dual occupancies (attached); Dwelling houses; Farm
buildings; Intensive plant agriculture; Kiosks; Landscaping material supplies;
Light industries; Markets; Plant nurseries; Roadside stalls; Rural
workers’ dwellings; Any other development not specified in item 2 or
4
4Prohibited
Amusement centres; Backpackers’
accommodation; Cemeteries; Centre-based child care facilities; Commercial
premises; Crematoria; Eco-tourist facilities; Entertainment facilities;
Exhibition villages; Heavy industrial storage establishments; Home occupations
(sex services); Industrial retail outlets; Industrial training facilities;
Industries; Intensive livestock agriculture; Mortuaries; Recreation facilities
(major); Registered clubs; Residential accommodation; Respite day care
centres; Restricted premises; Rural industries; Service stations; Serviced
apartments; Sex services premises; Storage premises; Vehicle body repair
workshops; Vehicle repair stations; Wharf or boating facilities; Wholesale
supplies
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To encourage a range of housing types in
appropriate locations.
•
To enable development for retail, commercial and
light industrial purposes for the local and nearby rural community in
appropriate locations and scale within the zone.
2Permitted without consent
Environmental protection works; Home-based child
care; Home occupations; Moorings; Roads
3Permitted with consent
Centre-based child care facilities; Community
facilities; Dwelling houses; Neighbourhood shops; Oyster aquaculture; Places
of public worship; Recreation areas; Recreation facilities (indoor);
Recreation facilities (outdoor); Respite day care centres; Schools; Tank-based
aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Eco-tourist facilities; Forestry; Home
occupations (sex services); Industrial training facilities; Intensive
livestock agriculture; Multi dwelling housing; Residential flat buildings;
Restricted premises; Rural workers’ dwellings; Sex services premises;
Wharf or boating facilities
Zone RU6Transition
1Objectives of zone
•
To protect and maintain land that provides a
transition between rural and other land uses of varying intensities or
environmental sensitivities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
2Permitted without consent
Extensive agriculture;
Roads
3Permitted with consent
Animal boarding or training establishments;
Dwelling Houses; Electricity generating works; Farm buildings; Flood
mitigation works; Home-based child care; Home businesses; Home industries;
Home occupations; Oyster aquaculture; Recreation areas; Recreation facilities
(indoor); Research stations; Sewage treatment plants; Signage; Tank-based
aquaculture; Water supply systems
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.
2Permitted without consent
Home-based child care; Home occupations;
Moorings; Roads
3Permitted with consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Dwelling houses; Food and drink
premises; Group homes; Home industries; Hostels; Kiosks; Markets; Multi
dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public
worship; Pond-based aquaculture; Residential flat buildings; Respite day care
centres; Semi-detached dwellings; Seniors housing; Shop top housing;
Tank-based aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Advertising structures; Agriculture; Air
transport facilities; Amusement centres; Animal boarding or training
establishments; Boat building and repair facilities; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Extractive industries; Farm
buildings; Farm stay accommodation; Forestry; Freight transport facilities;
Heavy industrial storage establishments; Highway service centres; Home
occupations (sex services); Industrial retail outlets; Industrial training
facilities; Industries; Local distribution premises; Marinas; Mooring pens;
Mortuaries; Open cut mining; Passenger transport facilities; Pubs; Recreation
facilities (indoor); Recreation facilities (major); Registered clubs; Research
stations; Restricted premises; Rural industries; Rural workers’
dwellings; Service stations; Sex services premises; Storage premises;
Transport depots; Vehicle body repair workshops; Vehicle repair stations;
Waste or resource management facilities; Wharf or boating facilities;
Wholesale supplies
Zone R2Low Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Home-based child care; Home occupations;
Roads
3Permitted with consent
Bed and breakfast accommodation; Dwelling houses;
Group homes; Health consulting rooms; Home industries; Neighbourhood shops;
Oyster aquaculture; Pond-based aquaculture; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Advertising structures; Agriculture; Air
transport facilities; Amusement centres; Animal boarding or training
establishments; Boat building and repair facilities; Boat sheds; Camping
grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Exhibition villages; Extractive industries; Farm buildings;
Forestry; Freight transport facilities; Health services facilities; Heavy
industrial storage establishments; Highway service centres; Home occupations
(sex services); Industrial retail outlets; Industrial training facilities;
Industries; Local distribution premises; Marinas; Mooring pens; Moorings;
Mortuaries; Open cut mining; Passenger transport facilities; Recreation
facilities (indoor); Recreation facilities (major); Registered clubs; Research
stations; Residential accommodation; Restricted premises; Rural industries;
Service stations; Sex services premises; Storage premises; Tourist and visitor
accommodation; Transport depots; Vehicle body repair workshops; Vehicle repair
stations; Waste or resource management facilities; Water recreation
structures; Wharf or boating facilities; Wholesale
supplies
Zone R5Large Lot Residential
1Objectives of zone
•
To provide residential housing in a rural setting
while preserving, and minimising impacts on, environmentally sensitive
locations and scenic quality.
•
To ensure that large residential lots do not
hinder the proper and orderly development of urban areas in the
future.
•
To ensure that development in the area does not
unreasonably increase the demand for public services or public
facilities.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To provide a mix of housing that supports and
encourages neighbouring equine-related facilities and is compatible with
surrounding land uses and activities.
2Permitted without consent
Home-based child care; Home occupations;
Moorings; Roads
3Permitted with consent
Backpackers’ accommodation; Bed and
breakfast accommodation; Cellar door premises; Dwelling houses; Home
industries; Markets; Neighbourhood shops; Neighbourhood supermarkets; Oyster
aquaculture; Pond-based aquaculture; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Advertising structures; Air transport facilities;
Amusement centres; Boat building and repair facilities; Boat sheds;
Cemeteries; Charter and tourism boating facilities; Commercial premises;
Correctional centres; Crematoria; Dairies (pasture-based); Depots; Eco-tourist
facilities; Forestry; Freight transport facilities; Heavy industrial storage
establishments; Highway service centres; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Intensive livestock agriculture; Local distribution premises; Marinas; Mooring
pens; Mortuaries; Passenger transport facilities; Recreation facilities
(indoor); Recreation facilities (major); Registered clubs; Research stations;
Residential accommodation; Restricted premises; Rural industries; Service
stations; Sex services premises; Storage premises; Tourist and visitor
accommodation; Transport depots; Turf farming; Vehicle body repair workshops;
Vehicle repair stations; Water recreation structures; 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.
2Permitted without consent
Home-based child care; Home occupations;
Roads
3Permitted with consent
Boarding houses; Business premises; Centre-based
child care facilities; Community facilities; Home industries; Medical centres;
Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite
day care centres; Shop top housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Animal
boarding or training establishments; Boat building and repair facilities; Boat
sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Hardware and building supplies; Heavy industrial storage establishments;
Highway service centres; Home occupations (sex services); Hospitals;
Industrial retail outlets; Industrial training facilities; Industries;
Marinas; Mooring pens; Moorings; Mortuaries; Office premises; Open cut mining;
Pond-based aquaculture; Recreation facilities (major); Registered clubs;
Research stations; Roadside stalls; Rural industries; Rural supplies; Sex
services premises; Specialised retail premises; Storage premises; Timber
yards; Tourist and visitor accommodation; Transport depots; Vehicle body
repair workshops; Vehicle sales or hire premises; Waste or resource management
facilities; Water recreation structures; Wharf or boating facilities;
Wholesale supplies
Zone B2Local Centre
1Objectives of zone
•
To provide a range of retail, business,
entertainment and community uses that serve the needs of people who live in,
work in and visit the local area.
•
To encourage employment opportunities in
accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To ensure quality of design of buildings and
public spaces to achieve a locality that is safe and
accessible.
•
To ensure that the size and functions of both
retail and commercial facilities are established in accordance with the
Council’s preferred hierarchy of retail and commercial centres for the
region.
2Permitted without consent
Home-based child care; Home occupations;
Moorings; Roads
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Home industries;
Information and education facilities; Medical centres; Oyster aquaculture;
Passenger transport facilities; Recreation facilities (indoor); Registered
clubs; Respite day care centres; Restricted premises; Self-storage units;
Service stations; Shop top housing; Tank-based aquaculture; Tourist and
visitor accommodation; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Animal
boarding or training establishments; Cemeteries; Correctional centres;
Crematoria; Eco-tourist facilities; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Heavy industrial storage establishments;
Industrial training facilities; Industries; Open cut mining; Pond-based
aquaculture; Rural industries; Rural workers’ dwellings; Sex services
premises; Storage premises; 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
Roads
3Permitted with consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Home industries;
Hostels; Hotel or motel accommodation; Information and education facilities;
Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger
transport facilities; Recreation facilities (indoor); Registered clubs;
Residential flat buildings; Respite day care centres; Restricted premises;
Shop top housing; Tank-based aquaculture; Any other development not specified
in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Animal
boarding or training establishments; Bed and breakfast accommodation; Boat
building and repair facilities; 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;
Farm stay accommodation; Forestry; Freight transport facilities; Heavy
industrial storage establishments; Highway service centres; Industrial
training facilities; Industries; Liquid fuel depots; Marinas; Mooring pens;
Moorings; Mortuaries; Open cut mining; Pond-based aquaculture; Recreation
facilities (major); Recreation facilities (outdoor); Residential
accommodation; Rural industries; Rural workers’ dwellings; Service
stations; Sex services premises; Storage premises; Vehicle body repair
workshops; Veterinary hospitals; Waste or resource management facilities;
Water recreation structures; Wharf or boating
facilities
Zone B4Mixed Use
1Objectives of zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
2Permitted without consent
Roads
3Permitted with consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Home industries;
Hostels; Hotel or motel accommodation; Information and education facilities;
Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger
transport facilities; Recreation facilities (indoor); Registered clubs;
Residential flat buildings; Respite day care centres; Restricted premises;
Seniors housing; Shop top housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Animal
boarding or training establishments; Cemeteries; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Exhibition homes; Exhibition
villages; Extractive industries; Farm buildings; Farm stay accommodation;
Forestry; Freight transport facilities; Heavy industrial storage
establishments; Industrial training facilities; Industries; Open cut mining;
Pond-based aquaculture; Recreation facilities (major); Recreation facilities
(outdoor); Residential accommodation; Rural industries; Sex services premises;
Storage premises; Vehicle body repair workshops; Waste or resource management
facilities; Wharf or boating facilities
Zone B5Business Development
1Objectives of zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
2Permitted without consent
Roads
3Permitted with consent
Centre-based child care facilities; Garden
centres; Hardware and building supplies; Landscaping material supplies; Light
industries; Liquid fuel depots; Oyster aquaculture; Passenger transport
facilities; Respite day care centres; Self-storage units; Shop top housing;
Specialised retail premises; Tank-based aquaculture; Warehouse or distribution
centres; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Animal
boarding or training establishments; Bed and breakfast accommodation; Boat
building and repair facilities; Boat sheds; Business premises; Camping
grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism
boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Environmental facilities; Exhibition homes; Exhibition villages;
Farm buildings; Farm stay accommodation; Forestry; Heavy industrial storage
establishments; Home-based child care; Home businesses; Home occupations; Home
occupations (sex services); Industrial training facilities; Industries;
Marinas; Mooring pens; Moorings; Places of public worship; Pond-based
aquaculture; Recreation facilities (major); Recreation facilities (outdoor);
Research stations; Residential accommodation; Roadside stalls; Rural
industries; Sex services premises; Vehicle body repair workshops; Vehicle
repair stations; Water recreation structures; Wharf or boating
facilities
Zone B7Business Park
1Objectives of zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
2Permitted without consent
Roads
3Permitted with consent
Centre-based child care facilities; Food and
drink premises; Garden centres; Hardware and building supplies; Landscaping
material supplies; Light industries; Neighbourhood shops; Office premises;
Oyster aquaculture; Passenger transport facilities; Plant nurseries; Respite
day care centres; Rural supplies; Self-storage units; Shop top housing;
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; Airports; Amusement centres; Animal
boarding or training establishments; Boat sheds; Business premises; Camping
grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Community facilities; Correctional centres; Crematoria; Eco-tourist
facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry;
Heavy industrial storage establishments; Heavy industries; Home-based child
care; Home occupations (sex services); Industrial training facilities;
Information and education facilities; Marinas; Mooring pens; Moorings;
Pond-based aquaculture; Pubs; Recreation facilities (major); Recreation
facilities (outdoor); Registered clubs; Residential accommodation; Retail
premises; Rural industries; Sex services premises; Tourist and visitor
accommodation; Water recreation structures; Wharf or boating
facilities
Zone IN1General Industrial
1Objectives of zone
•
To provide a wide range of industrial and
warehouse land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of industry on
other land uses.
•
To support and protect industrial land for
industrial uses.
•
To enable land uses that provide facilities or
services to meet the day to day needs of workers in the
area.
2Permitted without consent
Roads
3Permitted with consent
Depots; Freight transport facilities; Garden
centres; General industries; Hardware and building supplies; Industrial
training facilities; Landscaping material supplies; Light industries; Liquid
fuel depots; Neighbourhood shops; Oyster aquaculture; Places of public
worship; Plant nurseries; Rural supplies; Shop top housing; 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; Amusement
centres; Animal boarding or training establishments; Boat sheds; Camping
grounds; Caravan parks; Charter and tourism boating facilities; Centre-based
child care facilities; Commercial premises; Community facilities; Correctional
centres; Eco-tourist facilities; Educational establishments; Entertainment
facilities; Exhibition homes; Exhibition villages; Farm buildings; Forestry;
Function centres; Health services facilities; Heavy industrial storage
establishments; Heavy industries; Home-based child care; Home businesses; Home
occupations (sex services); Information and education facilities; Marinas;
Mooring pens; Moorings; Pond-based aquaculture; Recreation facilities (major);
Recreation facilities (outdoor); Registered clubs; Residential accommodation;
Respite day care centres; Tourist and visitor accommodation; Veterinary
hospitals; Water recreation structures; Wharf or boating
facilities
Zone IN3Heavy Industrial
1Objectives of zone
•
To provide suitable areas for those industries
that need to be separated from other land uses.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of heavy industry
on other land uses.
•
To support and protect industrial land for
industrial uses.
2Permitted without consent
Roads
3Permitted with consent
Depots; Freight transport facilities; General
industries; Hazardous storage establishments; Heavy industries; Landscaping
material supplies; Offensive storage establishments; Oyster aquaculture; Plant
nurseries; Take away food and drink premises; Tank-based aquaculture; Vehicle
sales or hire premises; Warehouse or distribution centres; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Airports; Amusement centres; Animal
boarding or training establishments; Boat sheds; Camping grounds; Caravan
parks; Cemeteries; Charter and tourism boating facilities; Centre-based child
care facilities; Commercial premises; Community facilities; Correctional
centres; Crematoria; Eco-tourist facilities; Educational establishments;
Entertainment facilities; Environmental facilities; Exhibition homes;
Exhibition villages; Farm buildings; Forestry; Function centres; Health
services facilities; Home-based child care; Home businesses; Home industries;
Home occupations; Home occupations (sex services); Industrial training
facilities; Information and education facilities; Local distribution premises;
Marinas; Mooring pens; Moorings; Passenger transport facilities; Places of
public worship; Pond-based aquaculture; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Residential accommodation; Respite day care centres; Restricted
premises; Self-storage units; Sex services premises; Tourist and visitor
accommodation; Veterinary hospitals; Water recreation structures; 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
The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose; Aquaculture;
Roads
4Prohibited
Any development not specified in item 2 or
3
Zone SP3Tourist
1Objectives of zone
•
To provide for a variety of tourist-oriented
development and related uses.
•
To facilitate development that recognises the
unique characteristics of the nationally and regionally significant tourist
precincts that are the Australian Equine Livestock and Events Centre (AELEC)
and the Tamworth Regional Racing Precincts.
2Permitted without consent
Home occupations; Moorings;
Roads
3Permitted with consent
Amusement centres; Animal boarding or training
establishments; Aquaculture; Boat sheds; Camping grounds; Car parks; Caravan
parks; Charter and tourism boating facilities; Centre-based child care
facilities; Community facilities; Electricity generating works; Entertainment
facilities; Environmental facilities; Food and drink premises; Function
centres; Helipads; Highway service centres; Information and education
facilities; Kiosks; Markets; Medical centres; Office premises; Passenger
transport facilities; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Respite day care centres; Retail premises; Sewage treatment plants;
Signage; Tourist and visitor accommodation; Veterinary hospitals; Water
recreation structures; Water supply systems
4Prohibited
Cellar door premises; Garden centres; Hardware
and building supplies; Landscaping material supplies; Plant nurseries;
Roadside stalls; Rural supplies; Shops; Specialised retail premises; Timber
yards; Vehicle sales or hire premises; Any other 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; Moorings;
Roads
3Permitted with consent
Aquaculture; Boat sheds; Building identification
signs; Business identification signs; Camping grounds; Car parks; Caravan
parks; Charter and tourism boating facilities; Centre-based child care
facilities; Community facilities; Crematoria; Electricity generating works;
Entertainment facilities; Environmental facilities; Function centres;
Helipads; Information and education facilities; Kiosks; Markets; Medical
centres; Recreation areas; Recreation facilities (indoor); Recreation
facilities (major); Recreation facilities (outdoor); Respite day care centres;
Restaurants or cafes; Sewage treatment plants; Shops; Waste or resource
management facilities; Water recreation structures; Water supply
systems
4Prohibited
Commercial premises; Neighbourhood shops; 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; Moorings;
Roads
3Permitted with consent
Aquaculture; Community facilities; Environmental
facilities; Food and drink premises; Garden centres; Kiosks; Medical centres;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Shops; Any other development not specified in item 2 or
4
4Prohibited
Advertising structures; Agriculture; Air
transport facilities; Amusement centres; Animal boarding or training
establishments; Boat building and repair facilities; Caravan parks;
Cemeteries; Commercial premises; Correctional centres; Depots; Eco-tourist
facilities; Educational establishments; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Health services facilities; Heavy industrial storage establishments; Highway
service centres; Home-based child care; Home businesses; Home occupations;
Home occupations (sex services); Industrial retail outlets; Industrial
training facilities; Industries; Local distribution premises; Marinas; Mooring
pens; Mortuaries; Passenger transport facilities; Places of public worship;
Pubs; Research stations; Residential accommodation; Restricted premises; Rural
industries; Service stations; Sex services premises; Storage premises;
Transport depots; Vehicle body repair workshops; Vehicle repair stations;
Veterinary hospitals; Wharf or boating facilities; Wholesale
supplies
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
Building identification signs; Business
identification signs; Environmental facilities; Environmental protection
works; Flood mitigation works; Information and education facilities; Oyster
aquaculture; Recreation areas; Research stations
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
Bed and breakfast accommodation; Building
identification signs; Business identification signs; Cellar door premises;
Dwelling houses; Electricity generating works; Environmental facilities;
Environmental protection works; Extensive agriculture; Extractive industries;
Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based
child care; Home businesses; Home industries; Information and education
facilities; Kiosks; Neighbourhood shops; Oyster aquaculture; Pond-based
aquaculture; Recreation areas; Research stations; Roads; Roadside stalls;
Secondary dwellings; Sewage treatment plants; Tank-based aquaculture; Water
supply systems
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
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to ensure that new subdivisions are consistent
with the predominant lot sizes and holding patterns of the surrounding
locality,
(b)
to ensure that lot sizes have a practical and
efficient layout to meet the intended use of the lot,
(c)
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.
4.1AAMinimum subdivision lot size for community title
schemes
(1)
The objectives of this clause are as
follows—
(a)
to ensure that land to which this clause applies
is not fragmented by subdivisions that would create additional dwelling
entitlements.
(2)
This clause applies to a subdivision (being a
subdivision that requires development consent) under the Community Land Development Act 2021 of
land in any of the following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU4 Primary Production Small
Lots,
(c)
Zone RU6 Transition,
(d)
Zone E2 Environmental
Conservation,
(e)
Zone E3 Environmental
Management,
but does not apply to a subdivision by the registration
of a strata plan.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies (other than any lot comprising
association property within the meaning of the Community Land
Development Act 2021) is not to be less than the minimum
size shown on the Lot Size
Map in relation to that land.
(4)
This clause applies despite clause
4.1.
cl 4.1AA: Ins 2011
(363), Sch 22 [29].
4.1AMinimum subdivision lot size for Zones R1 and
RU5
Despite clause 4.1, the size of any lot resulting
from a subdivision of land in Zone R1 General Residential or Zone RU5 Village
may be less than the minimum lot size shown on the Lot Size Map
in relation to that land, but not less than 450 square metres (excluding
access handles), if—
(a)
the land is connected to a reticulated sewerage
system, and
(b)
development consent has been granted in respect
of the subdivision for the purposes of any of the following—
(i)
dual occupancy,
(ii)
multi dwelling housing,
(iii)
attached dwellings,
(iv)
semi-detached
dwellings.
4.1BMinimum subdivision lot sizes for certain split
zones
(1)
The objectives of this clause are—
(a)
to provide for the subdivision of lots that are
within more than one zone but cannot be subdivided under clause 4.1,
and
(b)
to ensure that the subdivision occurs in a manner
that promotes suitable land use and development.
(2)
This clause applies to each lot (an original lot) that
contains—
(a)
land in a residential, business or industrial
zone, and
(b)
land in Zone RU1 Primary Production, Zone RU4
Primary Production Small Lots, Zone RU6 Transitions, Zone E2 Environmental
Conservation or Zone E3 Environmental Management.
(3)
Despite clause 4.1, development consent may be
granted to subdivide an original lot to create other lots (the resulting lots)
if—
(a)
one of the resulting lots will
contain—
(i)
land in a residential, business or industrial
zone that has an area that is not less than the minimum size shown on the
Lot Size
Map in relation to that land, and
(ii)
all of the land in Zone RU1 Primary Production,
Zone RU4 Primary Production Small Lots, Zone RU6 Transitions, Zone E2
Environmental Conservation or Zone E3 Environmental Management that was in the
original lot, and
(b)
all other resulting lots will contain land that
has an area that is not less than the minimum size shown on the Lot Size
Map in relation to that land.
cl 4.1B: Am 2011
(363), Sch 22 [30].
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.
(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 1—
A dwelling includes a rural worker’s
dwelling (see definition of that term in the
Dictionary).
4.2ALot size exceptions for certain rural
subdivisions
Land in a zone to which clause 4.2 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 permitted under the
existing development consent for the land (other than for the purpose of a
dwelling house or a dual occupancy).
4.2BErection of dwelling houses on land in certain rural and
environmental protection zones
(1)
The objectives of this clause are as
follows—
(a)
to minimise unplanned rural residential
development, and
(b)
to enable the replacement of lawfully erected
dwelling houses in rural and environmental protection
zones.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU4 Primary Production Small
Lots,
(c)
Zone RU6 Transition.
(3)
Development consent must not be granted for the
erection of a dwelling house on land in a zone to which this clause applies,
and on which no dwelling house has been erected, unless the land
is—
(a)
a lot that is at least the minimum lot size
specified for that lot by the Lot Size
Map, or
(b)
a lot created before this plan commenced and on
which the erecting of a dwelling house was permissible under the provisions of
Barraba Local Environmental Plan 1990,
Manilla Local Environmental Plan 1988,
Nundle Local Environmental Plan 2000 or
Parry Local Environmental Plan 1987
immediately before that commencement, or
(c)
a lot created pursuant to clause 11 or 12 of
Tamworth Local Environmental Plan 1996
and, if the lot was created pursuant to clause 12 of that Plan, development
consent has been granted for the purpose for which it was created,
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 dwelling house would have been permissible if the
plan of subdivision had been registered before that commencement,
or
(e)
an existing holding, or
(f)
a holding on which the erection of a dwelling was
permissible under Barraba Local Environmental Plan
1990, Manilla Local Environmental Plan
1988, Nundle Local Environmental Plan
2000 or Parry Local Environmental Plan
1987 immediately before this plan
commenced.
Note—
A dwelling cannot be erected on a lot created
under clause 9 of the State Environmental Planning
Policy (Rural Lands) 2008 or clause
4.2.
(4)
(5)
Despite any other provision of this clause,
development consent may be granted for the erection of a dwelling house on
land to which this clause applies if—
(a)
there is a lawfully erected dwelling house on the
land and the dwelling house to be erected is intended only to replace the
existing dwelling house and is not occupied until the lawfully erected
dwelling house is demolished or its occupation has permanently ceased,
or
(b)
the land would have been a lot or a holding
referred to in subclause (3) had it not been affected by—
(i)
a minor realignment of its boundaries that did
not create an additional lot, or
(ii)
a consolidation of lots, but not so as to reduce
the area of the land on which the dwelling house will be erected,
or
(iii)
a subdivision creating or widening a public road
or public reserve or for another public purpose, or
(c)
the dwelling house will replace a lawfully
erected dwelling house that was either—
(i)
removed from the site, or
(ii)
partially or completely
destroyed,
less than 2 years before the lodgement of a
development application under this plan for the purpose of a dwelling
house.
(6)
In this clause—
existing holding
means all adjoining land, even if separated by a road or railway, held in the
same ownership—
(a)
on the relevant date, and
(b)
at the time of lodging a development application
for the erection of a dwelling house under this
clause,
and includes any other land adjoining that land acquired
by the owner since the relevant date.
holding means all adjoining
land, even if separated by a road or railway, held by the same person or
persons.
Note—
The owner in whose ownership all the land is at
the time the application is lodged need not be the same person as the owner in
whose ownership all the land was on the stated date.
relevant date
means—
(a)
in relation to land to which Manilla Local Environmental Plan 1988
applied—13 May 1988, or
(b)
in relation to land to which Nundle Local Environmental Plan 2000
applied—14 November 1982, or
(c)
in relation to land to which Parry Local Environmental Plan 1987
applied—9 October 1986.
cl 4.2B: Am 2011
(363), Sch 22 [30]; 2013 (684), Sch 1 [1]–[3].
4.2CMinimum subdivision lot size for strata subdivision of
residential or tourist and visitor accommodation in certain
zones
(1)
The objective of this clause is to ensure that
land to which this clause applies is not fragmented by subdivisions that would
create additional dwelling entitlements.
(2)
This clause applies to land in the following
zones that is used, or proposed to be used, for residential accommodation or
tourist and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU4 Primary Production Small
Lots,
(c)
Zone RU6 Transition,
(d)
Zone E2 Environmental
Conservation,
(e)
Zone E3 Environmental
Management.
(3)
Development consent must not be granted for the
subdivision of a lot to which this clause applies under a strata plan that
would create lots below the minimum size shown on the Lot Size Map
for that lot.
Note—
See note 2 to clause 2.6
(1).
cl 4.2C: Am 2011
(363), Sch 22 [30]–[32].
4.2DBoundary changes between lots in certain rural
zones
(1)
The objective of this clause is to permit the
boundary between 2 or more lots to be altered in certain circumstances to give
landowners a greater opportunity to achieve the objectives of a
zone.
(2)
This clause applies to land in any of the
following zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU4 Primary Production Small
Lots.
(3)
Despite clause 4.1 (3), development consent may
be granted to the subdivision of 2 or more adjoining lots, being land to which
this clause applies, if the subdivision will not result in any of the
following—
(a)
an increase in the number of
lots,
(b)
an increase in the number of dwellings on, or
dwellings that may be erected on, any of the lots.
(4)
Before determining a development application for
the subdivision of land under this clause, the consent authority must consider
the following—
(a)
the existing uses and approved uses of other land
in the vicinity of the subdivision,
(b)
whether or not the subdivision is likely to have
a significant impact on land uses that are likely to be preferred and the
predominant land uses in the vicinity of the development,
(c)
whether or not the subdivision is likely to be
incompatible with a use referred to in paragraph (a) or
(b),
(d)
whether or not the subdivision is likely to be
incompatible with a use on land in any adjoining zone,
(e)
any measures proposed by the applicant to avoid
or minimise any incompatibility referred to in paragraph (c) or
(d),
(f)
whether or not the subdivision is appropriate
having regard to the natural and physical constraints affecting the
land,
(g)
whether or not the subdivision is likely to have
an adverse impact on the environmental values or agricultural viability of the
land.
(5)
This clause does not apply in relation to a
subdivision under the Community Land Development Act
1989, the Strata Schemes (Freehold
Development) Act 1973 or the Strata Schemes (Leasehold Development) Act
1986.
cl 4.2D: Ins 2014
(609), Sch 1 [1].
4.3Height of buildings
[Not adopted]
4.4Floor space ratio
(1)
The objectives of this clause are as
follows—
(a)
to ensure that the bulk and scale of new
buildings is appropriate in relation to the development pattern of surrounding
uses and buildings.
(2)
The maximum floor space ratio for a building on
any land is not to exceed the floor space ratio shown for the land on the
Floor Space
Ratio Map.
4.5Calculation of floor space ratio and site
area
(1)Objectives
The objectives of this clause are as
follows—
(a)
to define floor space
ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to—
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor space
ratio”
The floor space ratio of
buildings on a site is the ratio of the gross floor area of all buildings
within the site to the site area.
(3)Site area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to
be—
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site area
The following land must be excluded from the site
area—
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development to be
included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be separately
considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent “double
dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If—
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected land),
and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same
meaning as it has in the Local Government Act
1993.
4.6Exceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted for
development that contravenes a development standard unless the consent
authority has considered a written request from the applicant that seeks to
justify the contravention of the development standard by
demonstrating—
(a)
that compliance with the development standard is
unreasonable or unnecessary in the circumstances of the case,
and
(b)
that there are sufficient environmental planning
grounds to justify contravening the development
standard.
(4)
Development consent must not be granted for
development that contravenes a development standard unless—
(a)
the consent authority is satisfied
that—
(i)
the applicant’s written request has
adequately addressed the matters required to be demonstrated by subclause (3),
and
(ii)
the proposed development will be in the public
interest because it is consistent with the objectives of the particular
standard and the objectives for development within the zone in which the
development is proposed to be carried out, and
(b)
the concurrence of the Planning Secretary has
been obtained.
(5)
In deciding whether to grant concurrence, the
Planning Secretary must consider—
(a)
whether contravention of the development standard
raises any matter of significance for State or regional environmental
planning, and
(b)
the public benefit of maintaining the development
standard, and
(c)
any other matters required to be taken into
consideration by the Planning Secretary before granting
concurrence.
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental
Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living
if—
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
Note—
When this Plan was made, it did not include Zone
RU2 Rural Landscape 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 or 6.2.
cl 4.6: Am 2011
(363), Sch 22 [33].
Part 7Additional local provisions
7.1Earthworks
(1)
The objectives of this clause are as
follows—
(a)
to ensure that earthworks for which development
consent is required will not have a detrimental impact on environmental
functions and processes, neighbouring uses, cultural or heritage items or
features of the surrounding land,
(b)
to allow earthworks of a minor nature without
separate development consent.
(2)
Development consent is required for earthworks
unless—
(a)
the work is exempt development under this Plan or
another applicable environmental planning instrument, or
(b)
the work is ancillary to other development for
which development consent has been given.
(3)
Before granting development consent for
earthworks, the consent authority must consider the following
matters—
(a)
the likely disruption of, or any detrimental
effect on, existing drainage patterns and soil stability in the
locality,
(b)
the effect of the proposed development on the
likely future use or redevelopment of the land,
(c)
the quality of the fill or the soil to be
excavated, or both,
(d)
the effect of the proposed development on the
existing and likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
proximity to and potential for adverse impacts on
any watercourse, drinking water catchment or environmentally sensitive
area.
Note—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
disturbing or excavating land and Aboriginal objects.
7.2
cl 7.2: Rep 2021
(225), Sch 1.
7.3Erection of rural workers’ dwellings on land in Zone
RU1 and RU4
(1)
The objective of this clause is to ensure the
provision of adequate accommodation for employees of existing agricultural or
rural industries.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU4 Primary Production Small
Lots.
(3)
Development consent must not be granted for the
erection of a rural worker’s dwelling unless the consent authority is
satisfied that—
(a)
the development will not impair the use of the
land for agricultural and rural industries, and
(b)
there is a demonstrated economic capacity of the
agricultural or rural industry being carried out on the land to support the
ongoing employment of rural workers, and
(c)
the development is necessary considering the
nature of the agricultural or rural industry land use lawfully occurring on
the land or as a result of the remote or isolated location of the land,
and
(d)
the development will not result in more than 1
rural worker’s dwelling being erected on the land comprising the
agricultural or rural industry.
cl 7.3: Am 2011
(363), Sch 22 [30].
7.4Development in Zone B1 and Zone B4
(1)
The objective of this clause is to ensure that
proposed business premises, office premises, cellar door premises, food and
drink premises, markets and shops are located within the Tamworth CBD and
other local centres in the region, other than in Zone B1 Neighbourhood Centre
or Zone B4 Mixed Use.
(2)
Development consent must not be granted to
development for the purposes of business premises, office premises, cellar
door premises, food and drink premises, markets or shops on land in Zone B1
Neighbourhood Centre or Zone B4 Mixed Use if the development would result in a
building or premises having a gross floor area of more than 2,500 square
metres.
(3)
This clause does not apply to the
following—
(a)
Lot 8, DP 773136 at 67–81 Bridge Street,
Tamworth,
(b)
Lots 1 and 2, DP 563441 and Lot 3, DP 222686 at
Kathleen Street, Tamworth,
(c)
Lot 1, DP 803644 at 89 Marius Street, Tamworth
and Lot 1, DP 70023 at 8 O’Connell Street,
Tamworth.
cl 7.4: Am 2011
(363), Sch 22 [39] [40]; 2013 (56), Sch 1 [2].
7.5Development within a designated buffer
area
(1)
The objective of this clause is to protect the
operational environment of sewage treatment plants, waste disposal facilities
and water treatment facilities.
(2)
This clause applies to land identified as
“STP”, “WDF” and “WTF” on the Sewage Treatment Plant
Map, Waste Disposal Facility Map and Water Treatment
Facilities Map.
(3)
Before granting development consent for
development on land to which this clause applies, the consent authority must
consider the following matters—
(a)
the impact that any noise and other emissions
associated with existing land uses would have on the proposed
development,
(b)
any proposed measures incorporated into the
development that limit the impact of such noise and other emissions associated
with the existing land use,
(c)
any opportunities to relocate the proposed
development outside the land to which this clause applies,
(d)
whether the proposed development would adversely
affect the operational environment of any existing development on the land to
which this clause applies.
7.6Development in flight path
(1)
The objectives of this clause are—
(a)
to provide for the effective and on-going
operation of the Tamworth Airport, and
(b)
to ensure that any such operation is not
compromised by proposed development in the flight path of that
airport.
(2)
Development consent must not be granted to erect
a building on land in the flight path of the Tamworth Airport if the proposed
height of the building would exceed the obstacle height limit determined by
the relevant Commonwealth body.
(3)
Before granting development consent to the
erection of a building in the flight path of the Tamworth Airport, the consent
authority must—
(a)
give notice of the proposed development to the
relevant Commonwealth body, and
(b)
consider any comment made by the relevant
Commonwealth body within 28 days of the body having been given notice of the
proposed development, and
(c)
consider whether the proposed use of the building
will be adversely affected by the exposure to aircraft
noise.
(4)
For the purposes of this clause, land is in the
flight path of the
Tamworth Airport if the relevant Commonwealth body has
notified the consent authority that the land is in such a flight
path.
(5)
In this clause—
obstacle height
limit means the land shown as “Obstacle Height
Limitation” on the Obstacle Height Limitation Surface Height
Map.
relevant Commonwealth
body means the body that is responsible for development
approvals for development that penetrates the Obstacle Height Limitation for
the Tamworth Airport under Commonwealth legislation.
7.7Development in areas subject to aircraft
noise
(1)
This clause applies to development
that—
(a)
is on land that—
(i)
is near an airport, and
(ii)
is in an ANEF contour of 20 or greater,
and
(b)
the consent authority considers is likely to be
adversely affected by aircraft noise.
(2)
Before determining a development application for
development to which this clause applies, the consent authority—
(a)
must consider whether the development will result
in an increase in the number of dwellings or people affected by aircraft
noise, and
(b)
must consider the location of the development in
relation to the criteria set out in Table 2.1 (Building Site Acceptability
Based on ANEF Zones) in AS
2021—2000, Acoustics—Aircraft
noise intrusion—Building siting and construction,
and
(c)
must be satisfied that the development will
meet AS 2021—2000, Acoustics—Aircraft noise intrusion—Building
siting and construction with respect to interior noise
levels for the purposes of—
(i)
if the development will be in an ANEF contour of
20 or greater—centre-based child care facilities, educational
establishments, entertainment facilities, hospitals, places of public worship,
public administration buildings or residential accommodation,
and
(iii)
if the development will be in an ANEF contour of
25 or greater—business premises, hostels, hotel or motel accommodation,
office premises or retail premises.
(3)
Before issuing a development consent to
development on land identified as “Flight Training Path” on the
Flight
Training Path Map, the consent authority must consider
measures for the insulation of any building on that land from aircraft
noise
(4)
In this clause—
airport means a civil,
military or joint civil and military airport.
ANEF contour means a
noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast Contour
Map for that airport prepared by the Department of the
Commonwealth responsible for airports.
cl 7.7: Am 2017
(493), Sch 1.2 [2].
7.8Location of sex services premises and restricted
premises
(1)
The objective of this clause is to ensure that
sex services premises and restricted premises are not visually prominent from
public places or other locations regularly frequented by
children.
(2)
Development consent must not be granted to
development for the purposes of sex services premises or restricted premises
if the premises would be located on land that adjoins land, or is separated
only by a road from land—
(a)
in Zone R1 General Residential or Zone RE1 Public
Recreation, or
(b)
that is used for community, school (including
pre-school), a centre-based child care facility, church or children’s
sporting or recreational activities, or
(c)
that is used for sex services premises or
restricted premises.
(3)
Development consent must not be granted to
development for the purposes of sex services premises or restricted premises
located in a mixed use development that contains a dwelling unless the consent
authority is satisfied that the primary entrance of the premises is not on the
same floor as the dwelling or any other place regularly frequented by children
for recreational or cultural activities.
(4)
In deciding whether to grant consent for the
purposes of sex services premises or restricted premises, the consent
authority must take into account the impact the proposed development would
have on any place that is regularly frequented by children for educational,
recreational or cultural activities that adjoins or is in view of the proposed
development.
cl 7.8: Am 2017
(493), Sch 1.8.
7.9Temporary events on public reserves and public
roads
(1)
The objective of this clause is to provide for
certain development on public reserves and public roads for purposes
associated with a temporary event.
(2)
This clause applies to the following development
on a public reserve or a public road—
(a)
the use of land for purposes associated with a
temporary event,
(b)
the construction, installation and use of
associated temporary structures.
(3)
Development to which this clause applies is
permitted without development consent.
(4)
In this clause—
temporary event means
a concert, fair, gathering, market, performance, sporting event or other event
that—
(a)
is open to the public or a section of the public,
and
(b)
does not involve overnight camping or
accommodation, and
(c)
does not involve the use of land for more than 30
days, whether or not consecutive, in a period of 12
months.
Note—
Other approvals, authorities, licences or permits
may be required under other legislation, including the Crown Land Management Act 2016, the
Local Government Act 1993 and the
Roads Act 1993.
7.10Temporary workers’
accommodation
(1)
The objective of this clause is to enable
development for the purposes of temporary workers’ accommodation if
there is a foreseeable need to accommodate the workers due to the nature of
their work.
(2)
This clause applies to Lot 58, DP 1221018 at
2–26 Basil Brown Drive, Westdale.
(3)
Development for the purposes of temporary
workers’ accommodation is permitted with development consent if the
consent authority is satisfied of the following—
(a)
the development is necessary considering the
nature of industrial activities and construction in the Tamworth Regional
local government area,
(b)
the development will not result in the habitation
of a building on a permanent basis,
(c)
the development will not negatively affect the
operation of Tamworth Airport.
(4)
In this clause—
temporary workers’
accommodation means a building used predominantly as a place
of residence by persons employed on a short-term, periodic, fixed term or
seasonal basis—
(a)
for the purposes of industrial activities,
or
(b)
in the construction
industry.
7.11Design excellence
(1)
The objective of this clause is to deliver high
quality urban design in the Tamworth City Centre.
(2)
This clause applies to development involving the
erection of a new building, or external alterations or additions to an
existing building, on land shown as “Design Excellence” on the
Design
Excellence Map.
(3)
This clause does not apply to development the
consent authority considers to be minor.
(4)
Development consent must not be granted for
development to which this clause applies unless the consent authority
considers that the development exhibits design
excellence.
(5)
In considering whether the development exhibits
design excellence, the consent authority must have regard to the following
matters—
(a)
whether a high standard of architectural design,
materials and detailing appropriate to the building type and location will be
achieved,
(b)
whether the form and external appearance of the
development will improve the quality and amenity of the public
domain,
(c)
whether the development detrimentally impacts on
view corridors,
(d)
whether the development incorporates active
frontages to streets and pedestrian thoroughfares,
(e)
how the development addresses the following
matters—
(i)
the suitability of the land for
development,
(ii)
existing and proposed uses and use
mix,
(iii)
heritage issues and streetscape
constraints,
(iv)
the relationship of the development with other
existing or proposed development on the same site or on neighbouring sites in
terms of separation, setbacks, amenity and urban form,
(v)
bulk, massing and modulation of
buildings,
(vi)
street frontage heights,
(vii)
environmental impacts such as sustainable design,
overshadowing, wind and reflectivity,
(viii)
pedestrian, cycle, vehicular and service access,
circulation and requirements,
(ix)
the impact on, and proposed improvements to, the
public domain.
cl 7.11: Ins 2022
(237), Sch 1[1].
7.12Development on certain land located at Duri Road, Hillvue
and Burgmanns Lane, Warral
(1)
The objectives of this clause are as
follows—
(a)
to ensure the provision of a mix of dwelling
types and housing choice,
(b)
to ensure the efficient use of public
infrastructure and land resources,
(c)
to meet the demand for regional
housing,
(d)
to ensure the viability of public transport,
recreation, community facilities and other services in the
area.
(2)
This clause applies to land identified as
“Dwelling Density” on the Dwelling Density
Map.
(3)
Development consent must not be granted for the
subdivision of land shown on the Dwelling Density Map unless the consent
authority is satisfied that—
(a)
the dwelling density to be achieved by the
development is at least 10 dwellings per hectare, and
(b)
the development does not result in more than
2,350 lots on land to which this clause applies.
(4)
In this clause—
dwelling density
means the ratio of the number of dwellings to the area of the land to be
occupied by the development, including internal streets and half the width of
any roads adjoining the development that provide vehicular access to the
development but excluding land used for public open space and land used for
non-residential purposes.
cl 7.12: Ins 2022
(680), Sch 1[1].