5.4Controls relating to miscellaneous permissible
uses
(1)Bed and breakfast
accommodation
If development for the purposes of bed and
breakfast accommodation is permitted under this Plan, the accommodation that
is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain
number of guests or rooms may involve a change in the class of building under
the Building Code of
Australia.
(2)Home businesses
If development for the purposes of a home
business is permitted under this Plan, the carrying on of the business must
not involve the use of more than 30 square metres of floor
area.
(3)Home industries
If development for the purposes of a home
industry is permitted under this Plan, the carrying on of the home industry
must not involve the use of more than 30 square metres of floor
area.
(4)Industrial retail outlets
If development for the purposes of an industrial
retail outlet is permitted under this Plan, the retail floor area must not
exceed—
(a)
1% of the gross floor area of the industry or
rural industry located on the same land as the retail outlet,
or
(b)
400 square metres,
whichever is the lesser.
(5)Farm stay accommodation
If development for the purposes of farm stay
accommodation is permitted under this Plan, the accommodation that is provided
to guests must consist of no more than 3 bedrooms in
buildings.
(6)Kiosks
If development for the purposes of a kiosk is
permitted under this Plan, the gross floor area must not exceed 20 square
metres.
(7)Neighbourhood shops
If development for the purposes of a
neighbourhood shop is permitted under this Plan, the retail floor area must
not exceed—
(a)
if the property fronts a local road—300
square metres, and
(b)
if the property fronts any other road—400
square metres.
(7AA)Neighbourhood supermarkets
If development for the purposes of a
neighbourhood supermarket is permitted under this Plan, the gross floor area
must not exceed 1,000 square metres.
(8)Roadside stalls
If development for the purposes of a roadside
stall is permitted under this Plan, the gross floor area must not exceed 9
square metres.
(9)Secondary dwellings on land other than land in a
rural zone
If development for the purposes of a secondary
dwelling is permitted under this Plan on land other than land in a rural zone,
the total floor area of the dwelling, excluding any area used for parking,
must not exceed whichever of the following is the greater—
(a)
60 square metres,
(b)
100% of the total floor area of the principal
dwelling.
(10)Artisan food and drink industry
exclusion
If development for the purposes of an artisan
food and drink industry is permitted under this Plan in Zone E3 Productivity
Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working
Waterfront or a rural zone, the floor area used for retail sales (not
including any cafe or restaurant area) must not exceed—
(a)
1% of the gross floor area of the industry,
or
(b)
400 square metres,
whichever is the lesser.
cl 5.4: Am 2011
(363), Sch 12 [17]; 2018 (406), Sch 1.80 [1] [2]; 2023 (458), Sch
1[1].
5.23Public bushland
(1)
The objective of this clause is to protect and
ensure the ecological viability of bushland, including rehabilitated areas in
urban areas, by—
(a)
preserving biodiversity, habitat corridors and
links between public bushland and other nearby bushland,
and
(b)
preserving bushland as a natural stabiliser of
the soil surface, and
(c)
preserving existing hydrological landforms,
processes and functions, including natural drainage lines, watercourses,
wetlands and foreshores, and
(d)
preserving the recreational, educational,
scientific, aesthetic, environmental, ecological and cultural values and
potential of bushland, and
(e)
mitigating disturbance caused by
development.
(2)
Development that will disturb, or is reasonably
likely to disturb, public bushland is permitted with development
consent.
(3)
Development consent must not be granted to
development that will disturb, or is reasonably likely to disturb, public
bushland unless the consent authority is satisfied of the
following—
(a)
the disturbance of the bushland is essential for
a purpose in the public interest,
(b)
there is no reasonable alternative to the
disturbance,
(c)
the development minimises the amount of bushland
to be disturbed,
(d)
the development includes measures to remediate
the disturbed bushland.
(4)
Despite subclause (2), development that will
disturb, or is reasonably likely to disturb, public bushland is permitted
without development consent if the development is for the following
purposes—
(a)
the construction, operation or maintenance of
pipelines to carry water, sewerage or gas or pipelines licensed under the
Pipelines Act 1967,
(b)
the construction, operation or maintenance of
electricity or telecommunication lines,
(c)
bush fire hazard reduction,
(d)
the construction or maintenance of classified
roads,
(e)
facilitating the recreational use of the public
bushland.
(5)
Development specified in subclause (4)(e) is
permitted without development consent only if it is carried out in accordance
with a plan of management for the public bushland, adopted by the Council in
the same way a plan of management is required to be adopted for community land
under the Local Government Act
1993, Chapter 6, Part 2, Division 2, that includes
measures for the following—
(a)
the recreational use of the
land,
(b)
bush fire hazard reduction,
(c)
the prevention of degradation, including the
alteration of drainage patterns, rubbish dumping, vehicle intrusion and
infestation with weeds or non-native plants,
(d)
the remediation of degraded public
bushland.
(6)
This clause does not require development consent
for clearing of native vegetation if the clearing is of a kind that is
authorised under the Local Land Services Act
2013, section 60O.
(7)
In deciding whether to grant development consent
to development on land adjoining public bushland, the consent authority must
consider the following—
(a)
the need to retain public bushland adjoining the
site of the development,
(b)
the likely effect of the development on public
bushland, including the following—
(i)
the erosion of soil,
(ii)
the siltation of streams and
waterways,
(iii)
the spread of weeds and non-native plants within
public bushland,
(c)
other matters the consent authority considers
relevant to the protection and preservation of public
bushland.
(8)
This clause does not apply to the following land
that is public bushland—
(a)
land in Zone RU1, RU2, RU3, RU4 or
RU5,
(b)
land reserved, dedicated or acquired under the
National Parks and Wildlife Act
1974,
(c)
land within a State forest, flora reserve or
timber reserve within the meaning of the Forestry Act 2012,
(d)
land to which State Environmental Planning Policy (Precincts—Western
Parkland City) 2021, Chapter 7
applies.
(9)
In this clause—
disturb public bushland
means—
(a)
remove vegetation from public bushland,
or
(b)
cause a change in the natural ecology of public
bushland that results in the destruction or degradation of the public
bushland.
non-native plant
means a plant that is not native vegetation.
public bushland means
land—
(a)
on which there is vegetation that
is—
(i)
a remainder of the natural vegetation of the
land, or
(ii)
representative of the structure and floristics of
the natural vegetation of the land, and
(b)
that is owned, managed or reserved for open space
or environmental conservation by the Council or a public
authority.
cl 5.23: Ins 2022
(629), Sch 2[1].