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 2017
(493), Sch 1.1 [1]; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch 6 [1]; 2021
(714), Sch 10.20; 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 protect prime agricultural land from the
economic pressure of competing land uses.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations; Intensive plant
agriculture
3Permitted with consent
Agricultural produce industries; Animal boarding
or training establishments; Aquaculture; Bed and breakfast accommodation; Boat
launching ramps; Boat sheds; Cellar door premises; Dual occupancies
(attached); Dwelling houses; Environmental facilities; Extractive industries;
Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry;
Group homes; Helipads; Home-based child care; Home businesses; Home
industries; Industrial retail outlets; Intensive livestock agriculture;
Jetties; Open cut mining; Plant nurseries; Roads; Roadside stalls; Rural
workers’ dwellings; Turf farming; Water recreation structures; Water
storage facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RU2Rural Landscape
1Objectives of zone
•
To encourage sustainable primary industry
production by maintaining and enhancing the natural resource
base.
•
To maintain the rural landscape character of the
land.
•
To provide for a range of compatible land uses,
including extensive agriculture.
•
To provide for a range of tourist and visitor
accommodation-based land uses, including agri-tourism, eco-tourism and any
other like tourism that is linked to an environmental, agricultural or rural
industry use of the land.
2Permitted without consent
Environmental facilities; Environmental
protection works; Extensive agriculture; Home occupations; Intensive plant
agriculture
3Permitted with consent
Airstrips; Animal boarding or training
establishments; Aquaculture; Bed and breakfast accommodation; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cellar door premises;
Cemeteries; Community facilities; Crematoria; Depots; Dual occupancies
(attached); Dwelling houses; Eco-tourist facilities; Educational
establishments; Extractive industries; Farm buildings; Farm stay
accommodation; Flood mitigation works; Forestry; Funeral homes; Garden
centres; Group homes; Helipads; Home-based child care; Home businesses; Home
industries; Hostels; Industrial retail outlets; Industrial training
facilities; Information and education facilities; Intensive livestock
agriculture; Jetties; Kiosks; Landscaping material supplies; Markets; Open cut
mining; Places of public worship; Plant nurseries; Recreation areas;
Recreation facilities (major); Recreation facilities (outdoor); Restaurants or
cafes; Roads; Roadside stalls; Rural industries; Rural supplies; Rural
workers’ dwellings; Signage; Timber yards; Transport depots; Truck
depots; Turf farming; Veterinary hospitals; Water recreation structures; Water
supply systems; Wharf or boating facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To ensure that new development responds to and
respects the character of a rural village.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
3Permitted with consent
Agricultural produce industries, Biosolids
treatment facilities; Boat building and repair facilities; Boat launching
ramps; Boat sheds; Camping grounds; Car parks; Charter and tourism boating
facilities; Centre-based child care facilities; Commercial premises; Community
facilities; Crematoria; Dwelling houses; Educational establishments;
Electricity generating works; Exhibition homes; Exhibition villages; Flood
mitigation works; Function centres; Helipads; Home-based child care; Home
businesses; Horticulture; Industrial retail outlets; Industrial training
facilities; Industries; Information and education facilities; Jetties; Local
distribution premises; Mooring pens; Moorings; Neighbourhood shops; Oyster
aquaculture; Passenger transport facilities; Places of public worship;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Residential
accommodation; Respite day care centres; Roads; Schools; Service stations;
Sewage treatment plants; Signage; Tank-based aquaculture; Tourist and visitor
accommodation; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Warehouse or distribution
centres; Water recreation structures; Water recycling facilities; Water supply
systems
4Prohibited
Farm stay accommodation; General industries;
Heavy industries; Residential flat buildings; Rural workers’ dwellings;
Specialised retail premises; 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 encourage the provision of tourist
accommodation and related facilities and services in association with
residential development where it is unlikely to significantly impact on
amenity or place demands on services beyond the level reasonably required for
residential use.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; 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; Roads; Semi-detached
dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based
aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Camping grounds; Caravan parks; Cemeteries, Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Entertainment facilities;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Function centres; Heavy industrial storage establishments; Highway service
centres; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Information and education
facilities; Local distribution premises; Marinas; Moorings; Mortuaries; Open
cut mining; Passenger transport facilities; Recreation facilities (major);
Registered clubs; Research stations; Restricted premises; Rural industries;
Rural workers’ dwellings; Service stations; Sex services premises;
Storage premises; Tourist and visitor accommodation; Transport depots; Truck
depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary
hospitals; Warehouse or distribution centres; Wharf or boating facilities;
Wholesale supplies
Zone R2Low Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a low density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
3Permitted with consent
Bed and breakfast accommodation; Boarding houses;
Centre-based child care facilities; Dwelling houses; Group homes; Home
industries; Oyster aquaculture; Pond-based aquaculture; Respite day care
centres; Roads; Tank-based aquaculture; Any other development not specified in
item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Entertainment facilities;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Forestry; Freight transport facilities; Function centres; Heavy industrial
storage establishments; Highway service centres; Home occupations (sex
services); Hostels; Industrial retail outlets; Industrial training facilities;
Industries; Information and education facilities; Local distribution premises;
Marinas; Moorings; Mortuaries; Open cut mining; Passenger transport
facilities; Public administration buildings; Recreation facilities (major);
Registered clubs; Research stations; Residential flat buildings; Restricted
premises; Rural industries; Rural workers’ dwellings; Service stations;
Sex services premises; Shop top housing; Storage premises; Tourist and visitor
accommodation; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Warehouse or distribution
centres; Wharf or boating facilities; Wholesale
supplies
Zone R3Medium Density Residential
1Objectives of zone
•
To provide for the housing needs of the community
within a medium density residential environment.
•
To provide a variety of housing types within a
medium density residential environment.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
3Permitted with consent
Attached dwellings; Boarding houses; Centre-based
child care facilities; Community facilities; Group homes; Home industries;
Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of
public worship; Respite day care centres; Roads; Seniors housing; Tank-based
aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Entertainment facilities;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Farm stay accommodation; Forestry; Freight transport facilities; Function
centres; Heavy industrial storage establishments; Highway service centres;
Home occupations (sex services); Industrial retail outlets; Industrial
training facilities; Industries; Information and education facilities; Local
distribution premises; Marinas; Moorings; Mortuaries; Open cut mining;
Passenger transport facilities; Public administration buildings; Registered
clubs; Research stations; Restricted premises; Rural industries; Rural
workers’ dwellings; Service stations; Sex services premises; Storage
premises; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Veterinary hospitals; Warehouse or distribution
centres; 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 maintain the rural and scenic character of the
zone.
2Permitted without consent
Environmental facilities; Environmental
protection works; Extensive agriculture; Home
occupations
3Permitted with consent
Bed and breakfast accommodation; Dual occupancies
(attached); Dwelling houses; Group homes; Home industries; Horticulture;
Oyster aquaculture; Pond-based aquaculture; Roads; Roadside stalls; Tank-based
aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Camping grounds; Caravan parks; Cemeteries; Charter and
tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Entertainment facilities;
Exhibition homes; Exhibition villages; Extractive industries; Forestry;
Freight transport facilities; Function centres; Heavy industrial storage
establishments; Highway service centres; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Information and education facilities; Local distribution premises; Marinas;
Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger transport
facilities; Places of public worship; 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; Veterinary hospitals; Warehouse or distribution centres; 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.
•
To allow appropriate residential uses to support
the vitality of local centres.
•
To encourage development that promotes a sense of
place and focal points for the local community.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
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; Roads; Shop top housing; Tank-based aquaculture; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism
boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Entertainment facilities; Exhibition homes; Exhibition villages;
Extractive industries; Farm buildings; Forestry; Freight transport facilities;
Function centres; Heavy industrial storage establishments; Helipads; Highway
service centres; Home occupations (sex services); Industrial retail outlets;
Industrial training facilities; Industries; Landscaping material supplies;
Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Passenger
transport facilities; Pond-based aquaculture; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Residential
accommodation; Restricted premises; Roadside stalls; Rural industries; Service
stations; Sex services premises; Specialised retail premises; Storage
premises; Timber yards; Tourist and visitor accommodation; Transport depots;
Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle
sales or hire premises; Warehouse or distribution centres; 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 tourism and residential
opportunities that contribute to the vitality of the local
centre.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
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; Roads; Service stations;
Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism
boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm
buildings; Forestry; Freight transport facilities; Heavy industrial storage
establishments; Highway service centres; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Marinas; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture;
Residential accommodation; Rural industries; Sex services premises; Storage
premises; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Warehouse or distribution centres; Wharf or boating
facilities; Wholesale supplies
Zone B3Commercial Core
1Objectives of zone
•
To provide a wide range of retail, business,
office, entertainment, community and other suitable land uses that serve the
needs of the local and wider community.
•
To encourage appropriate employment opportunities
in accessible locations.
•
To maximise public transport patronage and
encourage walking and cycling.
•
To encourage upper floor residential or tourist
accommodation that does not compromise the commercial use of the
land.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
3Permitted with consent
Boarding houses; Centre-based child care
facilities; Commercial premises; Community facilities; Educational
establishments; Entertainment facilities; Function centres; Home industries;
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; Backpackers’ accommodation;
Boat building and repair facilities; Camping grounds; Caravan parks;
Cemeteries; Charter and tourism boating facilities; 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; Highway service centres; Home occupations (sex services);
Industrial retail outlets; Industrial training facilities; Industries;
Marinas; Moorings; Mortuaries; Open cut mining; Pond-based aquaculture;
Residential accommodation; Rural industries; Service stations; Sex services
premises; Storage premises; Transport depots; Truck depots; Vehicle body
repair workshops; Vehicle repair stations; Warehouse or distribution centres;
Wharf or boating facilities; Wholesale supplies
Zone B4Mixed Use
1Objectives of zone
•
To provide a mixture of compatible land
uses.
•
To integrate suitable business, office,
residential, retail and other development in accessible locations so as to
maximise public transport patronage and encourage walking and
cycling.
2Permitted without consent
Environmental facilities; Environmental
protection works; Home occupations
3Permitted with consent
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; Oyster aquaculture; Passenger transport facilities;
Recreation facilities (indoor); Registered clubs; Respite day care centres;
Restricted premises; Roads; Seniors housing; Shop top housing; Tank-based
aquaculture; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Boat building and repair
facilities; Camping grounds; Caravan parks; Cemeteries; Charter and tourism
boating facilities; 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; Highway service centres; Home
occupations (sex services); Industrial retail outlets; Industrial training
facilities; Industries; Marinas; Moorings; Mortuaries; Open cut mining;
Pond-based aquaculture; Residential accommodation; Rural industries; Service
stations; Sex services premises; Storage premises; Transport depots; Truck
depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or
distribution centres; Wharf or boating facilities; Wholesale
supplies
Zone B5Business Development
1Objectives of zone
•
To enable a mix of business and warehouse uses,
and specialised retail premises that require a large floor area, in locations
that are close to, and that support the viability of,
centres.
•
To provide for retailing activities that are not
suited to, or desirable in, other business zones or that serve the needs of
other businesses in the zone.
•
To accommodate a wide range of employment
generating uses and associated support facilities including light industrial,
transport and storage activities.
2Permitted without consent
Environmental facilities; Environmental
protection works
3Permitted with consent
Centre-based child care facilities; Garden
centres; Hardware and building supplies; Landscaping material supplies; Light
industries; Oyster aquaculture; Passenger transport facilities; Respite day
care centres; Roads; Specialised retail premises; Take away food and drink
premises; Tank-based aquaculture; 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 launching ramps;
Boat sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries;
Charter and tourism boating facilities; Community facilities; Correctional
centres; Crematoria; Eco-tourist facilities; Entertainment facilities;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Food and drink premises; Forestry; Freight transport facilities; Function
centres; 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; Information and education facilities; Jetties; Marinas; Markets;
Mooring pens; Moorings; Open cut mining, Pond-based aquaculture; Recreation
facilities (major); Recreation facilities (outdoor); Residential
accommodation; Restricted premises; Roadside stalls; Rural industries; Rural
supplies; Sex services premises; Storage premises; Tourist and visitor
accommodation; Water recreation structures; Wharf or boating facilities;
Wholesale supplies
Zone B7Business Park
1Objectives of zone
•
To provide a range of office and light industrial
uses.
•
To encourage employment
opportunities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of workers in the
area.
•
To encourage a range of compatible uses,
including residential, recreational and community facilities to maximise cross
utilisation of urban infrastructure.
•
To encourage and promote good urban design
through the integration of all structures (including buildings) and landscaped
areas with strong visual and aesthetic appeal.
2Permitted without consent
Environmental facilities; Environmental
protection works
3Permitted with consent
Centre-based child care facilities; Food and
drink premises; Garden centres; Hardware and building supplies; Hotel or motel
accommodation; Kiosks; Light industries; Neighbourhood shops; Office premises;
Oyster aquaculture; Passenger transport facilities; Respite day care centres;
Roads; Serviced apartments; 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; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Camping grounds;
Caravan parks; Cemeteries; Charter and tourism boating facilities;
Correctional centres; Crematoria; Depots; Eco-tourist facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Heavy industrial storage establishments; Highway
service centres; Home occupations (sex services); Industries; Information and
education facilities; Jetties; Marinas; Mooring pens; Moorings; Mortuaries;
Open cut mining; Places of public worship; Pond-based aquaculture; Recreation
facilities (major); Recreation facilities (outdoor); Residential
accommodation; Restricted premises; Retail premises; Rural industries; Sex
services premises; Storage premises; Tourist and visitor accommodation;
Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair
stations; 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
Environmental facilities; Environmental
protection works
3Permitted with consent
Depots; Freight transport facilities; Garden
centres; General industries; Hardware and building supplies; Industrial
training facilities; Kiosks; Landscaping material supplies; Light industries;
Neighbourhood shops; Oyster aquaculture; Places of public worship; Roads; 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; Amusement centres; Animal boarding
or training establishments; Camping grounds; Caravan parks; Cemeteries;
Charter and tourism boating 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; Highway service centres; Home-based child care; Home businesses;
Home occupations; Home occupations (sex services); Marinas; Mooring pens;
Moorings; Open cut mining; Passenger transport facilities; Pond-based
aquaculture; Recreation areas; Recreation facilities (major); Recreation
facilities (outdoor); Registered clubs; Residential accommodation; Respite day
care centres; Restricted premises; Rural industries; Tourist and visitor
accommodation; Water recreation structures
Zone IN4Working Waterfront
1Objectives of zone
•
To retain and encourage waterfront industrial and
maritime activities.
•
To identify sites for maritime purposes and for
activities that require direct waterfront access.
•
To ensure that development does not have an
adverse impact on the environmental and visual qualities of the
foreshore.
•
To encourage employment
opportunities.
•
To minimise any adverse effect of development on
land uses in other zones.
2Permitted without consent
Environmental facilities; Environmental
protection works
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Jetties; Kiosks; Light industries; Liquid fuel depots;
Markets; Restaurants or cafes; Roads; Take away food and drink premises; Any
other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Camping
grounds; Caravan parks; Cemeteries; Centre-based child care facilities;
Commercial premises; Community facilities; Correctional centres; Crematoria;
Depots; Eco-tourist facilities; Entertainment facilities; Exhibition homes;
Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight
transport facilities; Function centres; 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; Industries; Information and education facilities;
Local distribution premises; Mortuaries; Open cut mining; Passenger transport
facilities; Places of public worship; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Residential accommodation; Respite day care centres; Restricted
premises; Rural industries; Schools; Service stations; Sex services premises;
Storage premises; Tourist and visitor accommodation; Transport depots; Truck
depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary
hospitals; Warehouse or distribution centres; Water recreation structures;
Wholesale supplies
Zone SP1Special Activities
1Objectives of zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without consent
Environmental facilities; Environmental
protection works
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
Environmental facilities; Environmental
protection works; 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 SP3Tourist
1Objectives of zone
•
To provide for a variety of tourist-oriented
development and related uses.
2Permitted without consent
Environmental facilities; Environmental
protection works
3Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat
launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks;
Charter and tourism boating facilities; Community facilities; Eco-tourist
facilities; Electricity generating works; Entertainment facilities; Flood
mitigation works; Food and drink premises; Function centres; Helipads;
Heliports; Information and education facilities; Jetties; Marinas; Mooring
pens; Moorings; Passenger transport facilities; Recreation areas; Recreation
facilities (indoor); Recreation facilities (outdoor); Registered clubs;
Research stations; Resource recovery facilities; Retail premises; Roads;
Sewage treatment plants; Signage; Tourist and visitor accommodation; Waste
disposal facilities; Water recreation structures; Water recycling facilities;
Water supply systems
4Prohibited
Cellar door premises; Garden centres; Hardware
and building supplies; Landscaping material supplies; Plant nurseries;
Roadside stalls; Rural supplies; 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 facilities; Environmental
protection works
3Permitted with consent
Agriculture; Aquaculture; Biosolids treatment
facilities; Boat launching ramps; Boat sheds; Camping grounds; Car parks;
Caravan parks; Charter and tourism boating facilities; Centre-based child care
facilities; Community facilities; Emergency services facilities; Entertainment
facilities; Flood mitigation works; Forestry; Heliports; Industrial training
facilities; Information and education facilities; Jetties; Kiosks; Marinas;
Markets; Mooring pens; Moorings; Passenger transport facilities; Places of
public worship; Public administration buildings; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Research stations; Resource recovery facilities; Respite day care
centres; Restaurants or cafes; Roads; Roadside stalls; Sewage treatment
plants; Signage; Take away food and drink premises; Waste disposal facilities;
Water recreation structures; Water recycling facilities; Water supply systems;
Wharf or boating facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Environmental facilities; Environmental
protection works
3Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat
launching ramps; Boat sheds; Camping grounds; Car parks; Caravan parks;
Charter and tourism boating facilities; Centre-based child care facilities;
Community facilities; Eco-tourist facilities; Emergency services facilities;
Entertainment facilities; Flood mitigation works; Food and drink premises;
Forestry; Function centres; Helipads; Heliports; Industrial training
facilities; Information and education facilities; Jetties; Kiosks; Marinas;
Markets; Mooring pens; Moorings; Places of public worship; Public
administration buildings; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Research stations; Respite day care centres; Roads; Sewage treatment
plants; Signage; Tourist and visitor accommodation; Waste or resource
management facilities; Water recreation structures; Water recycling
facilities; Water supply systems; Wharf or boating
facilities
4Prohibited
Any development not specified in item 2 or
3
Zone C1National Parks and Nature
Reserves
1Objectives of zone
•
To enable the management and appropriate use of
land that is reserved under the National Parks
and Wildlife Act 1974 or that is acquired under Part 11 of
that Act.
•
To enable uses authorised under the National Parks and Wildlife Act
1974.
•
To identify land that is to be reserved under the
National Parks and Wildlife Act 1974 and
to protect the environmental significance of that
land.
2Permitted without consent
Uses authorised under the National Parks and Wildlife Act
1974
3Permitted with consent
Nil
4Prohibited
Any development not specified in item 2 or
3
Zone 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
Environmental facilities; Environmental
protection works
3Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds;
Community facilities; Emergency services facilities; Flood mitigation works;
Jetties; Mooring pens; Moorings; Research stations; Roads; Water recreation
structures; 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
Environmental facilities; Environmental
protection works
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating
facilities; Community facilities; Emergency services facilities; Flood
mitigation works; Freight transport facilities; Jetties; Kiosks; Marinas;
Markets; Mooring pens; Moorings; Passenger transport facilities; Recreation
areas; Recreation facilities (major); Recreation facilities (outdoor);
Restaurants or cafes; Roads; Signage; Water recreation structures; 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
Zone W3Working Waterways
1Objectives of zone
•
To enable the efficient movement and operation of
commercial shipping, water-based transport and maritime
industries.
•
To promote the equitable use of waterways,
including appropriate recreational uses.
•
To minimise impacts on ecological values arising
from the active use of waterways.
•
To provide for sustainable fishing
industries.
2Permitted without consent
Environmental facilities; Environmental
protection works
3Permitted with consent
Aquaculture; Biosolids treatment facilities; Boat
building and repair facilities; Boat launching ramps; Boat sheds; Car parks;
Charter and tourism boating facilities; Community facilities; Emergency
services facilities; Flood mitigation works; Freight transport facilities;
Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings; Passenger transport
facilities; Port facilities; Pubs; Restaurants or cafes; Roads; Sewage
treatment plants, Signage; Waste or resource management facilities; Water
recreation structures; Water recycling facilities; Water supply systems; Wharf
or boating facilities
4Prohibited
Any development not specified in item 2 or
3
Part 7Additional local provisions
7.1Acid sulfate soils
(1)
The objective of this clause is to ensure that
development does not disturb, expose or drain acid sulfate soils and cause
environmental damage.
(2)
Development consent is required for the carrying
out of works described in the Table to this subclause on land shown on the
Acid Sulfate
Soils Map as being of the class specified for those
works.
Class of
land
Works
1
Any
works.
2
Works below the natural ground surface.
Works by which the water table is likely to be
lowered.
3
Works more than 1 metre below the natural ground
surface.
Works by which the water table is likely to be lowered
more than 1 metre below the natural ground
surface.
4
Works more than 2 metres below the natural ground
surface.
Works by which the water table is likely to be lowered
more than 2 metres below the natural ground
surface.
5
Works within 500
metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian
Height Datum and by which the water table is likely to be lowered below 1
metre Australian Height Datum on adjacent Class 1, 2, 3 or 4
land.
(3)
Development consent must not be granted under
this clause for the carrying out of works unless an acid sulfate soils
management plan has been prepared for the proposed works in accordance with
the Acid Sulfate Soils Manual and has been provided to the consent
authority.
(4)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works if—
(a)
a preliminary assessment of the proposed works
prepared in accordance with the Acid Sulfate Soils Manual indicates that an
acid sulfate soils management plan is not required for the works,
and
(b)
the preliminary assessment has been provided to
the consent authority and the consent authority has confirmed the assessment
by notice in writing to the person proposing to carry out the
works.
(5)
Despite subclause (2), development consent is not
required under this clause for the carrying out of any of the following works
by a public authority (including ancillary work such as excavation,
construction of access ways or the supply of power)—
(a)
emergency work, being the repair or replacement
of the works of the public authority, required to be carried out urgently
because the works have been damaged, have ceased to function or pose a risk to
the environment or to public health and safety,
(b)
routine maintenance work, being the periodic
inspection, cleaning, repair or replacement of the works of the public
authority (other than work that involves the disturbance of more than 1 tonne
of soil),
(c)
minor work, being work that costs less than
$20,000 (other than drainage work).
(6)
Despite subclause (2), development consent is not
required under this clause to carry out any works if—
(a)
the works involve the disturbance of less than 1
tonne of soil, and
(b)
the works are not likely to lower the water
table.
(7)
Despite subclause (2), development consent is not
required under this clause for the carrying out of works for the purpose of
agriculture if—
(a)
a production area entitlement is in force in
respect of the land when the works are carried out, and
(b)
the works are carried out in accordance with a
drainage management plan, and
(c)
the works are not carried out in respect of a
major drain identified on the Acid Sulfate Soils Map,
and
(d)
the works are not carried out on land identified
as “coastal wetlands” on the Coastal Wetlands and Littoral Rainforests Area
Map, within the meaning of State
Environmental Planning Policy (Resilience and Hazards)
2021, Chapter 2.
(8)
In this clause—
drainage management
plan means an irrigation and drainage management plan
that—
(a)
is prepared in accordance with the NSW Sugar
Industry Best Practice Guidelines for Acid Sulfate Soils (2005),
and
(b)
is endorsed by the Sugar Milling Co-operative as
being appropriate for the land.
NSW
Sugar Industry Best Practice Guidelines for Acid Sulfate Soils
(2005) means the guidelines approved by the Director-General
of the Department of Infrastructure, Planning and Natural Resources on 25 May
2005.
production area
entitlement means a contractual arrangement between the
Sugar Milling Co-operative and a grower member of that co-operative for the
production of sugar cane for milling.
Sugar Milling
Co-operative means the New South Wales Sugar Milling
Co-operative Limited or its successor.
Note—
The NSW Sugar Industry Best Practice Guidelines
for Acid Sulfate Soils (2005) is available on the Department of Planning and
Infrastructure’s website.
cl 7.1: Am 2018
(106), Sch 2.24 [1]; 2022 (72), Sch 1.61[1].
7.2Earthworks
(1)
The objective of this clause is 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.
(2)
Development consent is required for earthworks
unless—
(a)
the earthworks are exempt development under this
Plan or another applicable environmental planning instrument,
or
(b)
the earthworks are ancillary to development that
is permitted without consent under this Plan or to development for which
development consent has been given.
(3)
Before granting development consent for
earthworks (or for development involving ancillary earthworks), the consent
authority must consider the following matters—
(a)
the likely disruption of, or any detrimental
effect on, drainage patterns and soil stability in the locality of the
development,
(b)
the effect of the 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 development on the existing and
likely amenity of adjoining properties,
(e)
the source of any fill material and the
destination of any excavated material,
(f)
the likelihood of disturbing
relics,
(g)
the proximity to, and potential for adverse
impacts on, any waterway, drinking water catchment or environmentally
sensitive area,
(h)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the development,
(i)
the proximity to, and potential for adverse
impacts on, any heritage item, archaeological site, or heritage conservation
area.
Note—
The National Parks
and Wildlife Act 1974, particularly section 86, deals with
harming Aboriginal objects.
7.3
cl 7.3: Am 2017
(179), Sch 1 [2] [3]. Rep 2021 (225), Sch 1.
7.4Floodplain risk management
(1)
The objectives of this clause are as
follows—
(a)
in relation to development with particular
evacuation or emergency response issues, to enable evacuation of land subject
to flooding in events exceeding the flood planning level,
(b)
to protect the operational capacity of emergency
response facilities and critical infrastructure during extreme flood
events.
(2)
This clause applies to—
(a)
land between the flood planning level and the
level of the probable maximum flood, and
(b)
land at or below the flood planning
level,
but does not apply to land subject to the discharge of a
1:100 ARI (average recurrent interval) flood event plus 0.5 metre
freeboard.
(3)
Development consent must not be granted to
development for the following purposes on land to which this clause applies
unless the consent authority is satisfied that the development will not, in
flood events exceeding the flood planning level, affect the safe occupation
of, and evacuation from, the land—
(a)
caravan parks,
(b)
correctional centres,
(c)
emergency services
facilities,
(d)
group homes,
(e)
hospitals,
(f)
residential accommodation (except for dwelling
houses, secondary dwellings or dual occupancies) on land in Zone RU5 Village,
Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium
Density Residential and Zone R5 Large Lot Residential,
(g)
residential care facilities,
(h)
tourist and visitor
accommodation.
(4)
In this clause—
flood planning
level means the level of a 1:100 ARI (average recurrent
interval) flood event plus 0.5 metre freeboard.
probable maximum
flood has the same meaning as it has in the Floodplain Development Manual
(ISBN 0 7347 5476 0), published in 2005 by the
NSW Government.
Note—
The probable maximum
flood is the largest flood that could conceivably occur at a
particular location, usually estimated from probable maximum
precipitation.
cl 7.4: Am 2017
(179), Sch 1 [4] [5].
7.5Coastal risk planning
(1)
The objectives of this clause are as
follows—
(a)
to avoid significant adverse impacts from coastal
hazards,
(b)
to ensure uses of land identified as coastal risk
are compatible with the risks presented by coastal
hazards,
(c)
to enable the evacuation of land identified as
coastal risk in an emergency,
(d)
to avoid development that increases the severity
of coastal hazards.
(2)
This clause applies to the land identified as
“Coastal risk” on the Coastal Risk Planning
Map.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that the development—
(a)
is not likely to cause detrimental increases in
coastal risks to other development or properties, and
(b)
is not likely to alter coastal processes and the
impacts of coastal hazards to the detriment of the environment,
and
(c)
incorporates appropriate measures to manage risk
to life from coastal risks, and
(d)
is likely to avoid or minimise adverse effects
from the impact of coastal processes and the exposure to coastal hazards,
particularly if the development is located seaward of the immediate hazard
line, and
(e)
provides for the relocation, modification or
removal of the development to adapt to the impact of coastal processes and
coastal hazards, and
(f)
has regard to the impacts of sea level
rise.
(4)
A word or expression used in this clause has the
same meaning as it has in the NSW
Coastal Planning Guideline: Adapting to Sea Level Rise
(ISBN 978-1-74263-035-9) published by the NSW
Government in August 2010, unless it is otherwise defined in this
clause.
(5)
In this clause—
coastal hazard has the
same meaning as in the Coastal Management Act
2016.
cl 7.5: Am 2018
(106), Sch 2.24 [2].
7.6Stormwater management
(1)
The objective of this clause is to minimise the
impacts of urban stormwater on land to which this clause applies and on
adjoining properties, native bushland and receiving
waters.
(2)
This clause applies to all land in residential,
business and industrial zones.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that the development—
(a)
is designed to maximise the use of water
permeable surfaces on the land having regard to the soil characteristics
affecting on-site infiltration of water, and
(b)
includes, if practicable, on-site stormwater
retention for use as an alternative supply to mains water, groundwater or
river water, and
(c)
avoids any significant adverse impacts of
stormwater runoff on adjoining properties, native bushland and receiving
waters, or if that impact cannot be reasonably avoided, minimises and
mitigates the impact.
7.7Drinking water catchments
(1)
The objective of this clause is to protect
drinking water catchments by minimising the adverse impacts of development on
the quality and quantity of water entering drinking water
storages.
(2)
This clause applies to land identified as
“Drinking water catchment” on the Drinking Water Catchment
Map.
(3)
Before determining a development application for
development on land to which this clause applies, the consent authority must
consider the following—
(a)
whether or not the development is likely to have
any adverse impact on the quality and quantity of water entering the drinking
water storage, having regard to the following—
(i)
the distance between the development and any
waterway that feeds into the drinking water storage,
(ii)
the on-site use, storage and disposal of any
chemicals on the land,
(iii)
the treatment, storage and disposal of waste
water and solid waste generated or used by the
development,
(b)
any appropriate measures proposed to avoid,
minimise or mitigate the impacts of the
development.
(4)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
is satisfied that—
(a)
the development is designed, sited and will be
managed to avoid any significant adverse impact on water quality and flows,
or
(b)
if that impact cannot be reasonably
avoided—the development is designed, sited and will be managed to
minimise that impact, or
(c)
if that impact cannot be minimised—the
development will be managed to mitigate that
impact.
7.8Airspace operations
(1)
The objectives of this clause are as
follows—
(a)
to provide for the effective and ongoing
operation of the Gold Coast Airport by ensuring that such operation is not
compromised by proposed development that penetrates the Limitation or
Operations Surface for that airport,
(b)
to protect the community from undue risk from
that operation.
(2)
If a development application is received and the
consent authority is satisfied that the proposed development will penetrate
the Limitation or Operations Surface, the consent authority must not grant
development consent unless it has consulted with the relevant Commonwealth
body about the application.
(3)
The consent authority may grant development
consent for the development if the relevant Commonwealth body advises
that—
(a)
the development will penetrate the Limitation or
Operations Surface but it has no objection to its construction,
or
(b)
the development will not penetrate the Limitation
or Operations Surface.
(4)
The consent authority must not grant development
consent for the development if the relevant Commonwealth body advises that the
development will penetrate the Limitation or Operations Surface and should not
be carried out.
(5)
In this clause—
Limitation or Operations
Surface means the Obstacle Limitation Surface or the
Procedures for Air Navigation Services Operations Surface as shown on the
Obstacle Limitation Surface Map or the Procedures for Air Navigation Services
Operations Surface Map for the Gold Coast Airport.
relevant Commonwealth
body means the body, under Commonwealth legislation, that is
responsible for development approvals for development that penetrates the
Limitation or Operations Surface for the Gold Coast
Airport.
7.8AAirspace operations—Murwillumbah
Airfield
(1)
The objectives of this clause are as
follows—
(a)
to provide for the effective and ongoing
operation of the Murwillumbah Airfield by ensuring that such operation is not
compromised by proposed development that penetrates the obstacle limitation
surface for that airfield,
(b)
to protect the community from undue risk from
that operation.
(2)
This clause applies in relation to a development
application if—
(a)
the proposed development is on land shown on the
Obstacle
Limitation Surface Map for which an obstacle limitation
surface is identified, and
(b)
the consent authority is satisfied the proposed
development will penetrate the obstacle limitation surface for the
land.
(3)
Before deciding whether to grant development
consent for the application, the consent authority must—
(a)
consult the operator of the Murwillumbah Airfield
about the application, and
(b)
give the operator of the Murwillumbah Airfield a
period of not less than 28 days within which to consider and comment on the
application.
(4)
The consent authority must not grant development
consent for development referred to in subclause (2) if—
(a)
the operator of the Murwillumbah
Airfield—
(i)
is satisfied the development will penetrate the
obstacle limitation surface as shown on the Obstacle Limitation Surface
Map, and
(ii)
objects to development consent being granted,
or
(b)
the consent authority is satisfied—
(i)
the proposed development will adversely impact on
the operation of the airfield, or
(ii)
the proposed development is likely to result in
undue risk to the local community.
cl 7.8A: Ins 2019
(532), Sch 1[1].
7.9Development in areas subject to aircraft
noise
(1)
The objectives of this clause are as
follows—
(a)
to prevent certain noise sensitive developments
from being located near the Gold Coast Airport and its flight
paths,
(b)
to assist in minimising the impact of aircraft
noise from that airport and its flight paths by requiring appropriate noise
attenuation measures in noise sensitive buildings,
(c)
to ensure that land use and development in the
vicinity of that airport do not hinder or have any other adverse impacts on
the ongoing, safe and efficient operation of that
airport.
(2)
This clause applies to development
that—
(a)
is on land that—
(i)
is near the Gold Coast 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.
(3)
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
2021:2015, and
(c)
must be satisfied the development will meet the
indoor design sound levels shown in Table 3.3 (Indoor Design Sound Levels for
Determination of Aircraft Noise Reduction) in AS
2021:2015.
(4)
In this clause—
ANEF contour means a
noise exposure contour shown as an ANEF contour on the Noise Exposure Forecast
Contour Map for the Gold Coast Airport prepared by the Department of the
Commonwealth responsible for airports.
AS 2021:2015 means AS 2021:2015, Acoustics—Aircraft noise intrusion—Building
siting and construction.
cl 7.9: Am 2017
(179), Sch 1 [6].
7.10Essential services
Development consent must not be granted to
development unless the consent authority is satisfied that any of the
following services that are essential for the development are available or
that adequate arrangements have been made to make them available when
required—
(a)
the supply of water,
(b)
the supply of electricity,
(c)
the disposal and management of
sewage,
(d)
stormwater drainage or on-site
conservation,
(e)
suitable vehicular
access.
7.11Council infrastructure development
(1)
Development may be carried out by or on behalf of
the Council without development consent on any land, other than land in a
heritage conservation area, land containing a heritage item or land that is an
environmentally sensitive area for exempt and complying
development.
(2)
Subclause (1) does not apply to the following
development—
(a)
the erection of a class 1–9 building under
the Building Code of
Australia,
(b)
development that is not exempt development under
State Environmental Planning Policy (Transport and
Infrastructure) 2021, Chapter 2 and has a capital value of
more than $1,000,000.
cl 7.11: Am 2022
(72), Sch 1.61[2].
7.12Existing and future water storage
facilities
(1)
The objective of this clause is to protect
existing water storage facilities and identified proposed sites for future
water storage facilities from any significant adverse impacts of
development.
(2)
This clause applies to land identified as
“Existing and Future Water Storage Facilities” on the Existing and Future
Water Storage Facilities Map.
(3)
Before determining a development application for
development on land to which this clause applies, the consent authority must
consider whether the development is likely to have a significant adverse
impact on topographic features, landscape or the natural state of the
land.
7.13Development requiring the preparation of a development
control plan
(1)
The objective of this clause is to ensure that
development on certain land occurs in accordance with a site-specific
development control plan.
(2)
This clause applies to development on land
identified as “DCP required” on the Key Sites
Map.
(3)
Development consent must not be granted for
development on land to which this clause applies unless a development control
plan that provides for the matters specified in subclause (4) has been
prepared for the land.
(4)
The development control plan must provide for all
of the following—
(a)
design principles drawn from an analysis of the
site and its context,
(b)
phasing of development,
(c)
distribution of land uses, including open
space,
(d)
subdivision pattern and provision of
services,
(e)
building envelopes and built form
controls,
(f)
impact on, and improvements to, the public
domain,
(g)
identification and conservation of native flora
and fauna habitat and habitat corridors on the site, including any threatened
species, populations or ecological communities,
(h)
identification, extent and management of
watercourses, wetlands and riparian lands and any buffer
areas,
(i)
environmental constraints, including climate
change, acid sulfate soils, flooding, contamination and
remediation.
7.14Location of sex services premises
(1)
The objective of this clause is to minimise land
use conflicts and adverse amenity impacts by providing a reasonable level of
separation between sex services premises, specified land uses and places
regularly frequented by children.
(2)
In deciding whether to grant development consent
to development for the purposes of sex services premises, the consent
authority must consider the following—
(a)
whether the premises will be located on land that
adjoins, is directly opposite or is separated only by a local road from
land—
(i)
in Zone R1 General Residential, Zone R2 Low
Density Residential, Zone R3 Medium Density Residential or Zone RE1 Public
Recreation, or
(ii)
used for the purposes of a centre-based child
care facility, a community facility, a school or a place of public
worship,
(b)
the impact of the development and its hours of
operation on any place likely to be regularly frequented by
children—
(i)
that adjoins the development,
or
(ii)
that can be viewed from the development,
or
(iii)
from which a person can view the
development.
cl 7.14: Am 2017
(493), Sch 1.2 [1].
7.15Industry—groundwater extraction,
etc
(1)
This clause applies to development for the
purpose of industry, being a building or place at which groundwater is
extracted, handled, treated, processed, stored or packed for commercial
purposes.
(2)
Development to which this clause applies is
prohibited on land to which this Plan applies, except for the following
land—
(a)
Lot 1, DP 735658, being land at 477 Urliup Road,
Urliup,
(b)
Lots 1 and 2, DP 883113, being land at 2574
Kyogle Road, Kunghur,
(c)
Lot 121, DP 1111869, being land at 101 Bryens
Road, Nobbys Creek,
(d)
Lot 5, DP 1206755, being land at 10–20
Edwards Lane, Kynnumboon,
(e)
Lot 1, DP 593157, being land at 64 Geles Road,
Upper Burringbar,
(f)
Lot 3, DP 815475, being land at 350 Rowlands
Creek Road, Rowlands Creek.
(3)
Before granting consent to development to which
this clause applies, the consent authority must—
(a)
consider any impact of the proposed development
on—
(i)
natural water systems, and
(ii)
the potential agricultural use of land,
and
(iii)
groundwater dependent ecosystems,
and
(b)
be satisfied that the proposed development
incorporates appropriate measures to avoid, minimise or mitigate any impact
set out in paragraph (a).
cl 7.15: Ins 2016
(425), cl 4. Subst 2020 (234), Sch 1[2].
7.16Development at Wulffs Lane, Kielvale
(1)
This clause applies to Lot 3, DP 877860, Wulffs
Lane, Kielvale, but only the part of that land that was in Zone RU5 Village
immediately before the commencement of Tweed Local Environmental Plan 2014
(Amendment No 20).
(2)
Despite any other provision of this Plan,
development consent may be granted for development on land to which this
clause applies as if—
(a)
the land had not been rezoned by Tweed Local
Environmental Plan 2014 (Amendment No 20),
and
(b)
the development standards specified by the
Lot Size
Map, Height of Buildings Map, Floor Space Ratio
Map and Flood Planning Map, and clauses 7.3 and
7.4, as in force immediately before the commencement of Tweed Local Environmental
Plan 2014 (Amendment No 20), continue to be in
force.
(3)
This clause ceases to have effect 2 years after
the commencement of Tweed Local Environmental Plan 2014 (Amendment No
20).
cl 7.16: Ins 2017
(179), Sch 1 [7].
7.17Use of certain land at Cypress Crescent and Tweed Coast
Road, Cabarita Beach
(1)
This clause applies to—
(a)
Lot 100, DP 1208306, 19–25 Cypress
Crescent, Cabarita Beach, and
(b)
Lots 1 and 2, Section 4, DP 29748, 26–28
Tweed Coast Road, Cabarita Beach.
(2)
Despite any other provision of this Plan,
development consent may be granted for development on land to which this
clause applies if the consent authority is satisfied that—
(a)
in the case of Lot 100, DP 1208306—the
relevant development will be for the purposes of hotel or motel accommodation
and a restaurant or cafe, and
(b)
in the case of Lots 1 and 2, Section 4, DP
29748—the relevant development will be for the purposes of a car park
ancillary to the development specified in paragraph
(a).
cl 7.17: Ins 2020
(73), Sch 1.