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 25 [2]–[19]; 2012 (577), cl 4; 2016 (168), Sch 1 [5]; 2017
(493), Sch 1.1 [1]; 2021 (54), cl 4; 2022 (314), Sch 1; 2022 (832), Sch
1.23[2]; 2023 (86), Sch 1[1]–[3]; 2023 (458), Sch 2.77.
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 promote the use of agricultural land for
efficient and effective agricultural production.
•
To allow for the development of non-agricultural
land uses that are compatible with the character of the
land.
•
To protect, manage and restore areas with high
conservation, scientific, cultural or aesthetic value.
•
To allow the development of processing, service
and other industries that support the economic development of agriculture and
primary industry production.
•
To minimise the visual impact of development on
the rural landscape.
•
To protect prime agricultural land from the
economic pressure of competing land uses.
•
To retain the significant historic and social
values expressed in existing landscapes and land use
patterns.
•
To conserve and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnant native
vegetation and fauna movement corridors.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Extensive agriculture;
Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Aquaculture; Artisan food and drink industries;
Cellar door premises; Dwelling houses; Extractive industries; Home industries;
Landscaping material supplies; Open cut mining; Plant nurseries; Pubs;
Restaurants or cafes; Roadside stalls; Rural workers’ dwellings;
Secondary dwellings; Self-storage units; Timber yards; Any other development
not specified in item 2 or 4
4Prohibited
Amusement centres; Centre-based child care
facilities; Commercial premises; Correctional centres; Crematoria; Depots;
Entertainment facilities; Exhibition homes; Exhibition villages; Freight
transport facilities; Health services facilities; Home occupations (sex
services); Industries; Mortuaries; Passenger transport facilities; Recreation
facilities (indoor); Registered clubs; Residential accommodation; Restricted
premises; Service stations; Sex services premises; Storage premises; Transport
depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations;
Warehouse or distribution centres; Waste or resource management facilities;
Wholesale supplies
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 protect, manage and restore areas with high
conservation, scientific, cultural or aesthetic value.
•
To encourage development that generates
employment opportunities, integrates with tourism and is compatible with, and
adds value to, local agricultural production.
•
To retain the significant historic and social
values expressed in existing landscapes and land use
patterns.
•
To conserve and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnantnative vegetation
and fauna movement corridors.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Extensive agriculture;
Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Aquaculture; Cellar door premises; Dwelling
houses; Food and drink premises; Garden centres; Group homes; Hardware and
building supplies; Landscaping material supplies; Light industries; Markets;
Plant nurseries; Roadside stalls; Rural supplies; Rural workers’
dwellings; Secondary dwellings; Shop top housing; Timber yards; Any other
development not specified in item 2 or 4
4Prohibited
Amusement centres; Car parks; Caravan parks;
Commercial premises; Centre-based child care facilities; Depots; Entertainment
facilities; Exhibition homes; Exhibition villages; Freight transport
facilities; Function centres; Health services facilities; Heavy industrial
storage establishments; Home occupations (sex services); Industrial retail
outlets; Industrial training facilities; Industries; Mortuaries; Passenger
transport facilities; Public administration buildings; Recreation facilities
(indoor); Registered clubs; Residential accommodation; Respite day care
centres; Restricted premises; Service stations; Sex services premises; Storage
premises; Transport depots; Truck depots; Vehicle body repair workshops;
Vehicle repair stations; Warehouse or distribution centres; 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
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; Camping grounds; Eco-tourist
facilities; Environmental facilities; Environmental protection works;
Information and education facilities; Research stations;
Roads
4Prohibited
Any development not specified in item 2 or
3
Zone RU4Primary Production Small Lots
1Objectives of zone
•
To enable sustainable primary industry and other
compatible land uses.
•
To encourage and promote diversity and employment
opportunities in relation to primary industry enterprises, particularly those
that require smaller lots or that are more intensive in
nature.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To protect, manage and restore areas with high
conservation, scientific, cultural or aesthetic value.
•
To retain the significant historic and social
values expressed in existing landscapes and land use
patterns.
•
To conserve, link and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnant native
vegetation and fauna movement corridors, and to reduce land degradation
affecting the assets.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Extensive agriculture;
Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Aquaculture; Artisan food and drink industries;
Bed and breakfast accommodation; Cellar door premises; Dual occupancies;
Dwelling houses; Farm stay accommodation; Garden centres; Home industries;
Kiosks; Landscaping material supplies; Plant nurseries; Poultry farms;
Roadside stalls; Rural supplies; Rural workers’ dwellings; Secondary
dwellings; Timber yards; Any other development not specified in item 2 or
4
4Prohibited
Air transport facilities; Airstrips; Amusement
centres; Animal boarding or training establishments; Centre-based child care
facilities; Commercial premises; Correctional centres; Crematoria; Depots;
Entertainment facilities; Exhibition homes; Exhibition villages; Extractive
industries; Freight transport facilities; Health services facilities; Heavy
industrial storage establishments; Highway service centres; Home occupations
(sex services); Industrial retail outlets; Industrial training facilities;
Industries; Intensive livestock agriculture; Mortuaries; 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; 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; Waste or resource management 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 ensure the efficient use of land and
infrastructure within each village.
•
To provide high-amenity residential, commercial,
civic and community uses within village areas.
•
To conserve and enhance buildings and landscape
and streetscape features that contribute to the character and identity of
village areas.
•
To conserve, link and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnant native
vegetation and fauna movement corridors, and to reduce land degradation
affecting the assets.
•
To encourage the development of tourism assets
and the provision of associated services.
•
To facilitate a strong and viable village system
that provides housing options, business opportunities, adequate transport
systems and concentrated community services.
2Permitted without consent
Bee keeping; Building identification signs;
Business identification signs; Environmental protection works; Home-based
child care; Home businesses; Home occupations
3Permitted with consent
Centre-based child care facilities; Community
facilities; Dual occupancies; Dwelling houses; Home industries; Horticulture;
Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of
public worship; Recreation areas; Recreation facilities (indoor); Recreation
facilities (outdoor); Respite day care centres; Schools; Secondary dwellings;
Self-storage units; Seniors housing; Shop top housing; Tank-based aquaculture;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat building
and repair facilities; Boat launching ramps; Boat sheds; Cellar door premises;
Charter and tourism boating facilities; Correctional centres; Crematoria;
Eco-tourist facilities; Electricity generating works; Extractive industries;
Farm buildings; Forestry; Freight transport facilities; Funeral homes; Heavy
industrial storage establishments; Helipads; Highway service centres; Home
occupations (sex services); Industrial retail outlets; Industrial training
facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries;
Open cut mining; Passenger transport facilities; Recreation facilities
(major); Research stations; Residential accommodation; Restricted premises;
Roadside stalls; Rural industries; Sewerage systems; Sex services premises;
Storage premises; Transport depots; Truck depots; Warehouse or distribution
centres; Waste or resource management facilities; Water recreation structures;
Water supply systems; Wharf or boating facilities
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.
•
To facilitate the orderly and economic
development of land for residential purposes and associated urban
activities.
•
To facilitate and promote the effective provision
of affordable and suitable housing for varying household needs and community
preferences.
•
To conserve and enhance buildings, landscape
features and streetscape features that contribute to the character and
identity of village areas.
•
To conserve, link and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnant native
vegetation and fauna movement corridors, and to reduce land degradation
affecting the assets.
•
To maintain the built integrity of the area by
enabling development that complements existing heritage buildings and
features.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Home-based child care;
Home businesses; Home occupations
3Permitted with consent
Centre-based child care facilities; Dwelling
houses; Group homes; Home industries; Neighbourhood shops; Oyster aquaculture;
Plant nurseries; Pond-based aquaculture; Respite day care centres; Restaurants
or cafes; Self-storage units; Small bars; 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;
Backpackers’ accommodation; Boat building and repair facilities; Charter
and tourism boating facilities; Commercial premises; Correctional centres;
Crematoria; Depots; Electricity generating works; Entertainment facilities;
Extractive industries; Forestry; Freight transport facilities; Heavy
industrial storage establishments; Helipads; Highway service centres; Home
occupations (sex services); Hospitals; Industrial retail outlets; Industrial
training facilities; Industries; Information and education facilities;
Mortuaries; Open cut mining; Passenger transport facilities; Recreation
facilities (major); Registered clubs; Restricted premises; Rural industries;
Rural workers’ dwellings; Sewerage systems; Sex services premises;
Storage premises; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or
distribution centres; Waste or resource management facilities; 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 encourage subdivision of land that is
consistent with the constraints and opportunities of the
land.
•
To conserve, link and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, remnant native
vegetation and fauna movement corridors, and to reduce land degradation
affecting the assets.
•
To protect, manage and restore areas with high
conservation, scientific, cultural or aesthetic
value.
2Permitted without consent
Building identification signs; Business
identification signs; Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Business premises; Dwelling houses; Extensive
agriculture; Home industries; Horticulture; Neighbourhood shops; Oyster
aquaculture; Pond-based aquaculture; Restaurants or cafes; Roadside stalls;
Rural supplies; 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; Caravan parks;
Commercial premises; Correctional centres; Crematoria; Depots; Electricity
generating works; Entertainment facilities; Extractive industries; Forestry;
Freight transport facilities; Heavy industrial storage establishments;
Industrial retail outlets; Industrial training facilities; Industries;
Mortuaries; Multi dwelling housing; Open cut mining; Passenger transport
facilities; Recreation facilities (indoor); Registered clubs; Residential flat
buildings; Restricted premises; Rural industries; Service stations; Serviced
apartments; Sewerage systems; Shop top housing; Storage premises; Transport
depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations;
Warehouse or distribution centres; Waste or resource management facilities;
Wharf or boating facilities; Wholesale supplies
Zone E1Local Centre
1Objectives of zone
•
To provide a range of retail, business and
community uses that serve the needs of people who live in, work in or visit
the area.
•
To encourage investment in local commercial
development that generates employment opportunities and economic
growth.
•
To enable residential development that
contributes to a vibrant and active local centre and is consistent with the
Council’s strategic planning for residential development in the
area.
•
To encourage business, retail, community and
other non-residential land uses on the ground floor of
buildings.
•
To maintain the built integrity of the area by
enabling development that is sympathetic to the existing heritage buildings
and features.
•
To maximise the efficient use of land in business
centres to promote more compact and accessible places.
•
To ensure that adequate provision is made for
infrastructure that supports the viability of business centres, including
public car parking, traffic management facilities, public transport
facilities, cyclist facilities, pedestrian access paths, amenities, facilities
for older people and people with disabilities, and general public
conveniences.
•
To promote activity within the town centres,
including on weekends and in the evening.
•
To provide for uses that support the creative
economy.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Home-based child care;
Home business; Home occupations
3Permitted with consent
Amusement centres; Boarding houses; Centre-based
child care facilities; Commercial premises; Community facilities;
Entertainment facilities; Function centres; Hotel or motel accommodation;
Information and education facilities; Light industries; Local distribution
premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Places
of public worship; Public administration buildings; Recreation facilities
(indoor); Residential flat buildings; Respite day care centres; Self-storage
units; Service stations; Shop top housing; Tank-based aquaculture; Veterinary
hospitals; 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; Boat launching ramps; Boat sheds; Cemeteries; Correctional
facilities; Crematoria; Electricity generating works; Extractive industries;
Farm buildings; Farm stay accommodation; Forestry; Freight transport
facilities; Heavy industrial storage establishments; Highway service centres;
Industrial retail outlets; Industries; Marinas; Mooring pens; Moorings; Open
cut mining; Recreation facilities (major); Residential accommodation;
Restricted premises; Rural industries; Sewerage systems; Sex services
premises; Storage premises; Waste or resource management facilities; Wharf or
boating facilities
Zone E4General Industrial
1Objectives of zone
•
To provide a range of industrial, warehouse,
logistics and related land uses.
•
To ensure the efficient and viable use of land
for industrial uses.
•
To minimise any adverse effect of industry on
other land uses.
•
To encourage employment
opportunities.
•
To enable limited non-industrial land uses that
provide facilities and services to meet the needs of businesses and
workers.
•
To ensure that new development and land uses
incorporate measures that take account of the spatial context and mitigate
potential impacts on local amenity and character and the efficient operation
of the local or regional road system.
•
To provide for creative industrial uses,
including artisan and cultural industries.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works
3Permitted with consent
Depots; Freight transport facilities; Garden
centres; General industries; Goods repair and reuse premises; Hardware and
building supplies; Industrial retail outlets; Industrial training facilities;
Kiosks; Landscaping material supplies; Light industries; Local distribution
premises; Neighbourhood shops; Oyster aquaculture; Plant nurseries; Pond-based
aquaculture; Restaurants or cafes; Take away food and drink premises;
Tank-based aquaculture; Timber yards; Vehicle sales or hire premises;
Warehouse or distribution centres; Any other development not specified in item
2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Camping grounds; Caravan parks; Cemeteries; Centre-based
child care facilities; Commercial premises; Correctional centres; Eco-tourist
facilities; Educational establishments; Entertainment facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Forestry;
Heavy industrial storage establishments; Home-based child care; Home
occupations; Home occupations (sex services); Information and education
facilities; Open cut mining; Passenger transport facilities; Public
administration buildings; Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Residential accommodation; Respite day care
centres; Rural industries; Tourist and visitor accommodation; Wharf or boating
facilities; Wholesale supplies
Zone MU1Mixed Use
1Objectives of zone
•
To encourage a diversity of business, retail,
office and light industrial land uses that generate employment
opportunities.
•
To ensure that new development provides diverse
and active street frontages to attract pedestrian traffic and to contribute to
vibrant, diverse and functional streets and public spaces.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To encourage business, retail, community and
other non-residential land uses on the ground floor of
buildings.
•
To ensure a form of development that is
consistent with the character of the locality.
•
To maintain the built integrity of the area by
enabling development that is sympathetic to the existing heritage buildings
and features.
•
To provide for uses that support the creative
economy.
2Permitted without consent
Building identification signs; Business
identification signs; Environmental protection works; Home-based child care;
Home businesses; Home occupations
3Permitted with consent
Amusement centres; Boarding houses; Car parks;
Centre-based child care facilities; Commercial premises; Community facilities;
Entertainment facilities; Function centres; Hostels; Information and education
facilities; Light industries; Local distribution premises; Medical centres;
Oyster aquaculture; Passenger transport facilities; Places of public worship;
Recreation areas; Recreation facilities (indoor); Registered clubs; Respite
day care centres; Restricted premises; Self-storage units; Shop top housing;
Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair
stations; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Animal boarding or training establishments; Cemeteries; Correctional centres;
Electricity generating works; Extractive industries; Farm buildings; Forestry;
Freight transport facilities; Heavy industrial storage establishments; Highway
service centres; Industrial retail outlets; Industries; Marinas; Mooring;
Mooring pens; Open cut mining; Recreation facilities; (major); Residential
accommodation; Rural industries; Sewerage systems; Sex services premises;
Storage premises; Waste or resource management facilities; 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; Industries; Sewerage systems; Waste
or resource management facilities; 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 protection works;
Roads
3Permitted with consent
Air transport facilities; Aquaculture; Camping
grounds; Caravan parks; Industries; Information and education facilities;
Sewerage systems; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
•
To protect and enhance the natural environment
generally and ensure that areas of high ecological, scientific, cultural or
aesthetic values are maintained or improved.
•
To conserve, link and enhance the quality of
potentially valuable environmental assets, including waterways, riparian land,
wetlands and other surface and groundwater resources, high conservation value
vegetation, remnant native vegetation and fauna movement
corridors.
2Permitted without consent
Environmental facilities; Environmental
protection works; Roads
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Charter and
tourism boating facilities; Community facilities; Eco-tourist facilities;
Entertainment facilities; Flood mitigation works; Information and education
facilities; Jetties; Kiosks; Marinas; Markets; Mooring pens; Moorings;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Water recreation structures; Water
storage facilities; 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 C2Environmental Conservation
1Objectives of zone
•
To protect, manage and restore areas of high
ecological, scientific, cultural or aesthetic values.
•
To prevent development that could destroy, damage
or otherwise have an adverse effect on those values.
•
To facilitate the management of environmentally
sensitive land and areas of high environmental value.
•
To retain the significant historic and social
values expressed in existing landscapes and land use
patterns.
•
To provide for recreational activities that
promote enjoyment and appreciation of, and education about, the natural
environment, consistent with the protection of the
areas.
2Permitted without consent
Environmental protection works; Extensive
agriculture
3Permitted with consent
Agritourism; Bed and breakfast accommodation;
Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping
grounds; Charter and tourism boating facilities; Dwelling houses; Eco-tourist
facilities; Environmental facilities; Farm stay accommodation; Flood
mitigation works; Information and education facilities; Jetties; Marinas;
Mooring pens; Moorings; Oyster aquaculture; Recreation areas; Recreation
facilities (outdoor); Research stations; Roads; Signage; Water recreation
structures; Wharf or boating facilities
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Local distribution premises; Multi dwelling housing; Pond-based
aquaculture; Recreation facilities (major); Residential flat buildings;
Restricted premises; Retail premises; Seniors housing; Service stations;
Tank-based aquaculture; Warehouse or distribution centres; Any other
development not specified in item 2 or 3
Zone C3Environmental Management
1Objectives of zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To facilitate the management of environmentally
sensitive land and areas of high environmental value.
•
To retain the significant historic and social
values expressed in existing landscapes and land use
patterns.
•
To minimise the proliferation of buildings in
sensitive landscape areas.
•
To restrict the use of land to low-impact uses
compatible with preserving drinking water catchments and relating to tourist
activities or recreation in, or environmental enhancement of, the natural
surroundings.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with consent
Agritourism; Backpackers’ accommodation;
Bed and breakfast accommodation; Boat building and repair facilities; Boat
launching ramps; Boat sheds; Camping grounds; Cellar door premises; Charter
and tourism boating facilities; Community facilities; Dwelling houses;
Eco-tourist facilities; Environmental facilities; Farm stay accommodation;
Flood mitigation works; Function centres; Home industries; Information and
education facilities; Jetties; Kiosks; Marinas; Mooring pens; Moorings; Oyster
aquaculture; Pond-based aquaculture; Recreation areas; Recreation facilities
(outdoor); Research stations; Roads; Roadside stalls; Signage; Tank-based
aquaculture; Water recreation structures; Wharf or boating
facilities
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 provide minimum subdivision lot sizes for all
zones.
(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 RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone C2 Environmental
Conservation,
(e)
Zone C3 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 25 [22]. Am 2022 (832), Sch 1.23[4] [5].
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
RU6 Transition.
(3)
Land in a zone to which this clause applies may,
with development consent, be subdivided for the purpose of primary production
to create a lot of a size that is less than the minimum size shown on the
Lot Size
Map in relation to that land.
(4)
However, such a lot cannot be created if an
existing dwelling would, as the result of the subdivision, be situated on the
lot.
(5)
A dwelling cannot be erected on such a
lot.
Note—
A dwelling includes a rural worker’s
dwelling (see definition of that term in the
Dictionary).
cl 4.2: Am 2011
(363), Sch 25 [23].
4.2AMinimum 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—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone C2 Environmental
Conservation,
(e)
Zone C3 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 4.2A: Am 2011
(363), Sch 25 [24]–[26]; 2022 (832), Sch 1.23[4] [5].
4.3Height of buildings
[Not adopted]
4.4Floor space ratio
[Not adopted]
4.5Calculation of floor space ratio and site
area
[Not adopted]
4.6Exceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted to
development that contravenes a development standard unless the consent
authority is satisfied the applicant has demonstrated that—
(a)
compliance with the development standard is
unreasonable or unnecessary in the circumstances, and
(b)
there are sufficient environmental planning
grounds to justify the contravention of the development
standard.
Note—
The Environmental Planning
and Assessment Regulation 2021 requires a development
application for development that proposes to contravene a development standard
to be accompanied by a document setting out the grounds on which the applicant
seeks to demonstrate the matters in paragraphs (a) and
(b).
(4)
The consent authority must keep a record of its
assessment carried out under subclause (3).
(5)
(6)
Development consent must not be granted under
this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2
Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots,
Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental
Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living
if—
(a)
the subdivision will result in 2 or more lots of
less than the minimum area specified for such lots by a development standard,
or
(b)
the subdivision will result in at least one lot
that is less than 90% of the minimum area specified for such a lot by a
development standard.
(7)
(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.
cl 4.6: Am 2011
(363), Sch 25 [27]; 2022 (832), Sch 1.23[6].
Part 5Miscellaneous provisions
5.1Relevant acquisition authority
(1)
The objective of this clause is to identify, for
the purposes of section 3.15 of the Act, the authority of the State that will
be the relevant authority to acquire land reserved for certain public purposes
if the land is required to be acquired under Division 3 of Part 2 of the
Land Acquisition (Just Terms Compensation) Act
1991 (the
owner-initiated acquisition provisions).
Note—
If the landholder will suffer hardship if there
is any delay in the land being acquired by the relevant authority, section 23
of the Land Acquisition (Just Terms
Compensation) Act 1991 requires the authority to acquire
the land.
(2)
The authority of the State that will be the
relevant authority to acquire land, if the land is required to be acquired
under the owner-initiated acquisition provisions, is the authority of the
State specified below in relation to the land shown on the Land Reservation Acquisition
Map (or, if an authority of the State is not specified in
relation to land required to be so acquired, the authority designated or
determined under those provisions).
Type of land
shown on Map
Authority of the
State
Zone RE1 Public
Recreation and marked “Local open space”
Council
Zone RE1 Public
Recreation and marked “Regional open space”
The corporation
constituted under section 2.5 of the Act
Zone SP2
Infrastructure and marked “Classified road”
Transport for
NSW
Zone C1 National
Parks and Nature Reserves and marked “National
Park”
Minister
administering the National Parks and Wildlife Act
1974
(3)
Development on land acquired by an authority of
the State under the owner-initiated acquisition provisions may, before it is
used for the purpose for which it is reserved, be carried out, with
development consent, for any purpose.
Note—
If land, other than land specified in the Table
to subclause (2), is required to be acquired under the owner-initiated
acquisition provisions, the Minister for Planning is required to take action
to enable the designation of the acquiring authority under this clause.
Pending the designation of the acquiring authority for that land, the
acquiring authority is to be the authority determined by order of the Minister
for Planning (see section 21 of the Land Acquisition (Just
Terms Compensation) Act 1991).
5.1ADevelopment on land intended to be acquired for a public
purpose
(1)
The objective of this clause is to limit
development on certain land intended to be acquired for a public
purpose.
(2)
This clause applies to land shown on the Land Reservation
Acquisition Map and specified in Column 1 of the Table to
this clause and that has not been acquired by the relevant authority of the
State specified for the land in clause 5.1.
(3)
Development consent must not be granted to any
development on land to which this clause applies other than development for a
purpose specified opposite that land in Column 2 of the
Table.
Column
1
Column
2
Land
Development
Zone SP2 Infrastructure
and marked “Classified road”
Roads
Zone RE1 Public
Recreation and marked “Local open space”
Recreation
areas
Zone RE1 Public
Recreation and marked “Regional open space”
Recreation
areas
5.2Classification and reclassification of public
land
(1)
The objective of this clause is to enable the
Council to classify or reclassify public land as “operational
land” or “community land” in accordance with Part 2 of
Chapter 6 of the Local Government Act
1993.
Note—
Under the Local Government Act
1993, “public land” is generally land vested
in or under the control of a council (other than roads and certain Crown
land). The classification or reclassification of public land may also be made
by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of
that Act enables this Plan to discharge trusts on which public reserves are
held if the land is reclassified under this Plan as operational
land.
(2)
The public land described in Part 1 or Part 2 of
Schedule 4 is classified, or reclassified, as operational land for the
purposes of the Local Government Act
1993.
(3)
The public land described in Part 3 of Schedule 4
is classified, or reclassified, as community land for the purposes of the
Local Government Act
1993.
(4)
The public land described in Part 1 of Schedule
4—
(a)
does not cease to be a public reserve to the
extent (if any) that it is a public reserve, and
(b)
continues to be affected by any trusts, estates,
interests, dedications, conditions, restrictions or covenants that affected
the land before its classification, or reclassification, as operational
land.
(5)
The public land described in Part 2 of Schedule
4, to the extent (if any) that it is a public reserve, ceases to be a public
reserve when the description of the land is inserted into that Part and is
discharged from all trusts, estates, interests, dedications, conditions,
restrictions and covenants affecting the land or any part of the land,
except—
(a)
those (if any) specified for the land in Column 3
of Part 2 of Schedule 4, and
(b)
any reservations that except land out of the
Crown grant relating to the land, and
(c)
reservations of minerals (within the meaning of
the Crown Land Management Act
2016).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval
of the Governor to subclause (5) applying to the public land concerned is
required before the description of the land is inserted in Part 2 of Schedule
4.
5.3Development near zone boundaries
[Not adopted]
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 50 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)
67% 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 6 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 150 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)
80% 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)
67% of the gross floor area of the industry,
or
(b)
400 square metres,
whichever is the lesser.
cl 5.4: Am 2011
(363), Sch 25 [28]; 2018 (406), Sch 1.138 [1] [2]; 2023 (458), Sch
1[1].
5.5Controls relating to secondary dwellings on land in a rural
zone
[Not adopted]
5.6Architectural roof features
[Not adopted]
5.7Development below mean high water
mark
[Not applicable]
5.8Conversion of fire alarms
(1)
This clause applies to a fire alarm system that
can be monitored by Fire and Rescue NSW or by a private service
provider.
(2)
The following development may be carried out, but
only with development consent—
(a)
converting a fire alarm system from connection
with the alarm monitoring system of Fire and Rescue NSW to connection with the
alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with the alarm monitoring system of another private service
provider,
(c)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with a different alarm monitoring system of the same private service
provider.
(3)
Development to which subclause (2) applies is
complying development if it consists only of—
(a)
internal alterations to a building,
or
(b)
internal alterations to a building together with
the mounting of an antenna, and any support structure, on an external wall or
roof of a building so as to occupy a space of not more than 450mm × 100mm
× 100mm.
(4)
A complying development certificate for any such
complying development is subject to a condition that any building work may
only be carried out between 7.00 am and 6.00 pm on Monday to Friday and
between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a
Sunday or a public holiday.
(5)
In this clause—
private service
provider means a person or body that has entered into an
agreement that is in force with Fire and Rescue NSW to monitor fire alarm
systems.
5.9Dwelling house or secondary dwelling affected by natural
disaster
[Not adopted]
cl 5.9: Am 2011
(363), Sch 25 [29].
5.9AA
5.10Heritage conservation
Note—
Heritage items (if any) are listed and described
in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage
Map as well as being described in Schedule
5.
(1)Objectives
The objectives of this clause are as
follows—
(a)
to conserve the environmental heritage of Upper
Lachlan,
(b)
to conserve the heritage significance of heritage
items and heritage conservation areas, including associated fabric, settings
and views,
(c)
to conserve archaeological
sites,
(d)
to conserve Aboriginal objects and Aboriginal
places of heritage significance.
(2)Requirement for consent
Development consent is required for any of the
following—
(a)
demolishing or moving any of the following or
altering the exterior of any of the following (including, in the case of a
building, making changes to its detail, fabric, finish or
appearance)—
(i)
a heritage item,
(ii)
an Aboriginal object,
(iii)
a building, work, relic or tree within a heritage
conservation area,
(b)
altering a heritage item that is a building by
making structural changes to its interior or by making changes to anything
inside the item that is specified in Schedule 5 in relation to the
item,
(c)
disturbing or excavating an archaeological site
while knowing, or having reasonable cause to suspect, that the disturbance or
excavation will or is likely to result in a relic being discovered, exposed,
moved, damaged or destroyed,
(d)
disturbing or excavating an Aboriginal place of
heritage significance,
(e)
erecting a building on land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance,
(f)
subdividing land—
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance.
(3)When consent not required
However, development consent under this clause is
not required if—
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development—
(i)
is of a minor nature or is for the maintenance of
the heritage item, Aboriginal object, Aboriginal place of heritage
significance or archaeological site or a building, work, relic, tree or place
within the heritage conservation area, and
(ii)
would not adversely affect the heritage
significance of the heritage item, Aboriginal object, Aboriginal place,
archaeological site or heritage conservation area,
or
(b)
the development is in a cemetery or burial ground
and the proposed development—
(i)
is the creation of a new grave or monument, or
excavation or disturbance of land for the purpose of conserving or repairing
monuments or grave markers, and
(ii)
would not cause disturbance to human remains,
relics, Aboriginal objects in the form of grave goods, or to an Aboriginal
place of heritage significance, or
(c)
the development is limited to the removal of a
tree or other vegetation that the Council is satisfied is a risk to human life
or property, or
(d)
the development is exempt
development.
(4)Effect of proposed development on heritage
significance
The consent authority must, before granting
consent under this clause in respect of a heritage item or heritage
conservation area, consider the effect of the proposed development on the
heritage significance of the item or area concerned. This subclause applies
regardless of whether a heritage management document is prepared under
subclause (5) or a heritage conservation management plan is submitted under
subclause (6).
(5)Heritage assessment
The consent authority may, before granting
consent to any development—
(a)
on land on which a heritage item is located,
or
(b)
on land that is within a heritage conservation
area, or
(c)
on land that is within the vicinity of land
referred to in paragraph (a) or (b),
require a heritage management document to be prepared
that assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item or heritage
conservation area concerned.
(6)Heritage conservation management
plans
The consent authority may require, after
considering the heritage significance of a heritage item and the extent of
change proposed to it, the submission of a heritage conservation management
plan before granting consent under this clause.
(7)Archaeological sites
The consent authority must, before granting
consent under this clause to the carrying out of development on an
archaeological site (other than land listed on the State Heritage Register or
to which an interim heritage order under the Heritage Act 1977 applies)—
(a)
notify the Heritage Council of its intention to
grant consent, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(8)Aboriginal places of heritage
significance
The consent authority must, before granting
consent under this clause to the carrying out of development in an Aboriginal
place of heritage significance—
(a)
consider the effect of the proposed development
on the heritage significance of the place and any Aboriginal object known or
reasonably likely to be located at the place by means of an adequate
investigation and assessment (which may involve consideration of a heritage
impact statement), and
(b)
notify the local Aboriginal communities, in
writing or in such other manner as may be appropriate, about the application
and take into consideration any response received within 28 days after the
notice is sent.
(9)Demolition of nominated State heritage
items
The consent authority must, before granting
consent under this clause for the demolition of a nominated State heritage
item—
(a)
notify the Heritage Council about the
application, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(10)Conservation incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item or of the
land on which such a building is erected, or for any purpose on an Aboriginal
place of heritage significance, even though development for that purpose would
otherwise not be allowed by this Plan, if the consent authority is satisfied
that—
(a)
the conservation of the heritage item or
Aboriginal place of heritage significance is facilitated by the granting of
consent, and
(b)
the proposed development is in accordance with a
heritage management document that has been approved by the consent authority,
and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
management document is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
or the heritage significance of the Aboriginal place of heritage significance,
and
(e)
the proposed development would not have any
significant adverse effect on the amenity of the surrounding
area.
5.11Bush fire hazard reduction
Bush fire hazard reduction work authorised by the
Rural Fires Act 1997 may be carried out
on any land without development consent.
Note—
The Rural Fires Act
1997 also makes provision relating to the carrying out of
development on bush fire prone land.
5.12Infrastructure development and use of existing buildings
of the Crown
(1)
This Plan does not restrict or prohibit, or
enable the restriction or prohibition of, the carrying out of any development,
by or on behalf of a public authority, that is permitted to be carried out
with or without development consent, or that is exempt development, under
State Environmental Planning Policy (Transport and
Infrastructure) 2021, Chapter 2.
(2)
This Plan does not restrict or prohibit, or
enable the restriction or prohibition of, the use of existing buildings of the
Crown by the Crown.
5.13Eco-tourist facilities
[Not applicable]
cl 5.13: Ins 2011
(363), Sch 25 [30].
5.14Siding Spring Observatory—maintaining dark
sky
[Not adopted]
5.15Defence communications facility
[Not adopted]
5.16Subdivision of, or dwellings on, land in certain rural,
residential or conservation zones
(1)
The objective of this clause is to minimise
potential land use conflict between existing and proposed development on land
in the rural, residential or conservation zones concerned (particularly
between residential land uses and other rural land
uses).
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU3 Forestry,
(d)
Zone RU4 Primary Production Small
Lots,
(e)
Zone RU6 Transition,
(f)
Zone R5 Large Lot
Residential,
(g)
Zone C2 Environmental
Conservation,
(h)
Zone C3 Environmental
Management,
(i)
Zone C4 Environmental
Living.
(3)
A consent authority must take into account the
matters specified in subclause (4) in determining whether to grant development
consent to development on land to which this clause applies for either of the
following purposes—
(a)
subdivision of land proposed to be used for the
purposes of a dwelling,
(b)
erection of a
dwelling.
(4)
The following matters are to be taken into
account—
(a)
the existing uses and approved uses of land in
the vicinity of the development,
(b)
whether or not the development is likely to have
a significant impact on land uses that, in the opinion of the consent
authority, are likely to be preferred and the predominant land uses in the
vicinity of the development,
(c)
whether or not the development is likely to be
incompatible with a use referred to in paragraph (a) or
(b),
(d)
any measures proposed by the applicant to avoid
or minimise any incompatibility referred to in paragraph
(c).
5.17Artificial waterbodies in environmentally sensitive areas
in areas of operation of irrigation corporations
[Not applicable]
5.18Intensive livestock agriculture
(1)
The objectives of this clause are—
(a)
to ensure appropriate environmental assessment of
development for the purpose of intensive livestock agriculture that is
permitted with consent under this Plan, and
(b)
to provide for certain capacity thresholds below
which development consent is not required for that development subject to
certain restrictions as to location.
(2)
This clause applies if development for the
purpose of intensive livestock agriculture is permitted with consent under
this Plan.
(3)
In determining whether or not to grant
development consent under this Plan to development for the purpose of
intensive livestock agriculture, the consent authority must take the following
into consideration—
(a)
the adequacy of the information provided in the
statement of environmental effects or (if the development is designated
development) the environmental impact statement accompanying the development
application,
(b)
the potential for odours to adversely impact on
the amenity of residences or other land uses within the vicinity of the
site,
(c)
the potential for the pollution of surface water
and ground water,
(d)
the potential for the degradation of
soils,
(e)
the measures proposed to mitigate any potential
adverse impacts,
(f)
the suitability of the site in the
circumstances,
(g)
whether the applicant has indicated an intention
to comply with relevant industry codes of practice for the health and welfare
of animals,
(h)
the consistency of the proposal with, and any
reasons for departing from, the environmental planning and assessment aspects
of any guidelines for the establishment and operation of relevant types of
intensive livestock agriculture published, and made available to the consent
authority, by the Department of Primary Industries (within the Department of
Industry) and approved by the Planning Secretary.
(4)
Despite any other provision of this Plan,
development for the purpose of intensive livestock agriculture may be carried
out without development consent if—
(a)
the development is of a type specified in
subclause (5), and
(b)
the consent authority is satisfied that the
development will not be located—
(i)
in an environmentally sensitive area,
or
(ii)
within 100 metres of a natural watercourse,
or
(iii)
in a drinking water catchment,
or
(iv)
within 500 metres of any dwelling that is not
associated with the development, or a residential zone, or
(v)
for a poultry farm used for breeding
poultry—within 5km of another poultry farm, or
(vi)
for a poultry farm not used for breeding
poultry—
(A)
within 5km of a poultry farm used for breeding
poultry, or
(B)
within 1km of a poultry farm not used for
breeding poultry, or
(vii)
for a pig farm—within 3km of another pig
farm.
(5)
The following types of development are specified
for the purposes of subclause (4)—
(a)
a cattle feedlot having a capacity to accommodate
fewer than 50 head of cattle,
(b)
a goat feedlot having a capacity to accommodate
fewer than 200 goats,
(c)
a sheep feedlot having a capacity to accommodate
fewer than 200 sheep,
(d)
a pig farm having a capacity to accommodate fewer
than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be
breeding sows),
(e)
a dairy (restricted) having a capacity to
accommodate fewer than 50 dairy cows,
(f)
a poultry farm having a capacity to accommodate
fewer than 1,000 birds for meat or egg production (or
both).
(6)
For the avoidance of doubt, subclause (4) does
not apply to development that is prohibited or that may be carried out without
development consent under this or any other environmental planning
instrument.
(7)
In this clause—
environmentally sensitive
area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008.
residential zone
means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6
Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone
R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large
Lot Residential, Zone E3 Productivity Support, Zone MU1 Mixed Use, Zone C3
Environmental Management or Zone C4 Environmental
Living.
5.19Pond-based, tank-based and oyster
aquaculture
(1)Objectives
The objectives of this clause are as
follows—
(a)
to encourage sustainable oyster, pond-based and
tank-based aquaculture in the State, namely, aquaculture development that
uses, conserves and enhances the community’s resources so that the total
quality of life now and in the future can be preserved and
enhanced,
(b)
to set out the minimum site location and
operational requirements for permissible pond-based and tank-based aquaculture
development.
(2)Pond-based or tank-based aquaculture—matters
of which consent authority must be satisfied before granting
consent
The consent authority must not grant development
consent to carry out development for the purpose of pond-based aquaculture or
tank-based aquaculture unless the consent authority is satisfied of the
following—
(a)
that the development complies with the site
location and operational requirements set out in Part 1 of Schedule 6 for the
development,
(b)
in the case of—
(i)
pond-based aquaculture in Zone RU5 Village, Zone
RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential,
Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5
Large Lot Residential, Zone E1 Local Centre, Zone E2 Commercial Centre, Zone
E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial
or Zone MU1 Mixed Use—that the development is for the purpose of small
scale aquarium fish production, and
(ii)
pond-based aquaculture in Zone C3 Environmental
Management or Zone C4 Environmental Living—that the development is for
the purpose of extensive aquaculture, and
(iii)
tank-based aquaculture in Zone R1 General
Residential, Zone R2 Low Density Residential, Zone R3 Medium Density
Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential,
Zone C3 Environmental Management or Zone C4 Environmental Living—that
the development is for the purpose of small scale aquarium fish production,
and
(iv)
pond-based aquaculture or tank-based aquaculture
in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3
Working Waterways—that the development will use waterways to source
water.
(3)
The requirements set out in Part 1 of Schedule 6
are minimum requirements and do not limit the matters a consent authority is
required to take into consideration under the Act or the conditions that it
may impose on any development consent.
(4)Extensive pond-based aquaculture permitted without
consent in certain zones
Development for the purpose of pond-based
aquaculture, that is also extensive aquaculture, may be carried out without
development consent if—
(a)
the development is carried out in Zone RU1
Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4
Primary Production Small Lots or Zone RU6 Transition, and
(b)
the development complies with the site location
requirements and operational requirements set out in Part 2 of Schedule
6.
(5)Oyster aquaculture—additional matters that
consent authority must consider in determining a development
application
In determining a development application for
development for the purpose of oyster aquaculture, the consent authority must
consider—
(a)
any provisions of any aquaculture industry
development plan that are relevant to the subject of the development
application, and
(b)
the NSW Oyster Industry Sustainable Aquaculture
Strategy.
(6)Oyster aquaculture permitted without consent in
priority oyster aquaculture areas
Development for the purpose of oyster aquaculture
may be carried out without development consent—
(a)
on land that is wholly within a priority oyster
aquaculture area, or
(b)
on land that is partly within and partly outside
a priority oyster aquaculture area, but only if the land outside the area is
no more than 0.1 hectare in area.
(7)Definitions
In this clause—
aquaculture
industry development plan means an aquaculture industry
development plan published under Part 6 of the Fisheries Management Act
1994.
extensive
aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation
2017.
NSW
Oyster Industry Sustainable Aquaculture Strategy means the
third edition of the publication of that title, as published in 2016 by the
Department of Primary Industries (within the Department of
Industry).
priority oyster
aquaculture area means an area identified as a priority
oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable
Aquaculture Strategy, being a map a copy of which is held
in the head office of the Department of Primary Industries (within the
Department of Industry) and published on that Department’s
website.
5.20Standards that cannot be used to refuse
consent—playing and performing music
(1)
The consent authority must not refuse consent to
development in relation to licensed premises on the following
grounds—
(a)
the playing or performance of music, including
the following—
(i)
the genre of music played or performed,
or
(ii)
whether the music played or performed is live or
amplified, or
(iii)
whether the music played or performed is original
music, or
(iv)
the number of musicians or live entertainment
acts playing or performing, or
(v)
the type of instruments
played,
(b)
whether dancing occurs,
(c)
the presence or use of a dance floor or another
area ordinarily used for dancing,
(d)
the direction in which a stage for players or
performers faces,
(e)
the decorations to be used, including, for
example, mirror balls, or lighting used by players or
performers.
(2)
The consent authority must not refuse consent to
development in relation to licensed premises on the grounds of noise caused by
the playing or performance of music, if the consent authority is satisfied the
noise may be managed and minimised to an acceptable
level.
(3)
In this clause—
licensed premises
has the same meaning as in the Liquor Act
2007.
5.21Flood planning
(1)
The objectives of this clause are as
follows—
(a)
to minimise the flood risk to life and property
associated with the use of land,
(b)
to allow development on land that is compatible
with the flood function and behaviour on the land, taking into account
projected changes as a result of climate change,
(c)
to avoid adverse or cumulative impacts on flood
behaviour and the environment,
(d)
to enable the safe occupation and efficient
evacuation of people in the event of a flood.
(2)
Development consent must not be granted to
development on land the consent authority considers to be within the flood
planning area unless the consent authority is satisfied the
development—
(a)
is compatible with the flood function and
behaviour on the land, and
(b)
will not adversely affect flood behaviour in a
way that results in detrimental increases in the potential flood affectation
of other development or properties, and
(c)
will not adversely affect the safe occupation and
efficient evacuation of people or exceed the capacity of existing evacuation
routes for the surrounding area in the event of a flood,
and
(d)
incorporates appropriate measures to manage risk
to life in the event of a flood, and
(e)
will not adversely affect the environment or
cause avoidable erosion, siltation, destruction of riparian vegetation or a
reduction in the stability of river banks or
watercourses.
(3)
In deciding whether to grant development consent
on land to which this clause applies, the consent authority must consider the
following matters—
(a)
the impact of the development on projected
changes to flood behaviour as a result of climate change,
(b)
the intended design and scale of buildings
resulting from the development,
(c)
whether the development incorporates measures to
minimise the risk to life and ensure the safe evacuation of people in the
event of a flood,
(d)
the potential to modify, relocate or remove
buildings resulting from development if the surrounding area is impacted by
flooding or coastal erosion.
(4)
A word or expression used in this clause has the
same meaning as it has in the Considering Flooding in Land Use Planning
Guideline unless it is otherwise defined in this clause.
(5)
In this clause—
Considering
Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning
Guideline published on the Department’s website on
14 July 2021.
flood planning
area has the same meaning as it has in the Flood Risk
Management Manual.
Flood Risk Management
Manual means the Flood Risk Management Manual, ISBN
978-1-923076-17-4, published by the NSW Government in June
2023.
5.22Special flood considerations
(1)
The objectives of this clause are as
follows—
(a)
to enable the safe occupation and evacuation of
people subject to flooding,
(b)
to ensure development on land is compatible with
the land’s flood behaviour in the event of a flood,
(c)
to avoid adverse or cumulative impacts on flood
behaviour,
(d)
to protect the operational capacity of emergency
response facilities and critical infrastructure during flood
events,
(e)
to avoid adverse effects of hazardous development
on the environment during flood events.
(2)
This clause applies to—
(a)
for sensitive and hazardous
development—land between the flood planning area and the probable
maximum flood, and
(b)
for development that is not sensitive and
hazardous development—land the consent authority considers to be land
that, in the event of a flood, may—
(i)
cause a particular risk to life,
and
(ii)
require the evacuation of people or other safety
considerations.
(3)
Development consent must not be granted to
development on land to which this clause applies unless the consent authority
has considered whether the development—
(a)
will affect the safe occupation and efficient
evacuation of people in the event of a flood, and
(b)
incorporates appropriate measures to manage risk
to life in the event of a flood, and
(c)
will adversely affect the environment in the
event of a flood.
(4)
A word or expression used in this clause has the
same meaning as it has in the Considering Flooding in Land Use Planning
Guideline unless it is otherwise defined in this clause.
(5)
In this clause—
Considering
Flooding in Land Use Planning Guideline—see clause
5.21(5).
flood planning
area—see clause 5.21(5).
Flood Risk Management
Manual—see clause 5.21(5).
probable maximum
flood has the same meaning as in the Flood Risk Management
Manual.
sensitive and
hazardous development means development for the following
purposes—
(a)
boarding houses,
(b)
caravan parks,
(c)
correctional centres,
(d)
early education and care
facilities,
(e)
eco-tourist facilities,
(f)
educational establishments,
(g)
emergency services
facilities,
(h)
group homes,
(i)
hazardous industries,
(j)
hazardous storage
establishments,
(k)
hospitals,
(l)
hostels,
(m)
information and education
facilities,
(n)
respite day care centres,
(o)
seniors housing,
(p)
sewerage systems,
(q)
tourist and visitor
accommodation,
(r)
water supply systems.
cl 5.22: Subst 2023
(609), Sch 1.1[2].
5.23Public bushland
[Not adopted]
5.24Farm stay accommodation
(1)
The objectives of this clause are as
follows—
(a)
to diversify the uses of agricultural land
without adversely impacting the principal use of the land for primary
production,
(b)
to balance the impact of tourism and related
commercial uses with the use of land for primary production, the environment,
scenic values, infrastructure and adjoining land
uses.
(2)
Development consent must not be granted to
development for the purposes of farm stay accommodation on a landholding
unless the consent authority is satisfied all buildings or manufactured homes
used to accommodate guests on the landholding will be—
(a)
on the same lot as an existing lawful dwelling
house, or
(b)
on a lot of a size not less than the minimum lot
size for a dwelling house to be permitted on the lot under an environmental
planning instrument applying to the land.
(3)
Subclause (2) does not apply if the development
is a change of use of an existing dwelling to farm stay
accommodation.
(4)
Development consent must not be granted to
development for the purposes of farm stay accommodation on land unless the
consent authority has considered—
(a)
whether the development will result in noise or
pollution that will have a significant adverse impact on the following on or
near the land—
(i)
residential accommodation,
(ii)
primary production
operations,
(iii)
other land uses, and
(b)
whether the development will have a significant
adverse impact on the following on or near the land—
(i)
the visual amenity or heritage or scenic
values,
(ii)
native or significant flora or
fauna,
(iii)
water quality,
(iv)
traffic,
(v)
the safety of persons,
and
(c)
whether the development is on bush fire prone
land or flood prone land, and
(d)
the suitability of the land for the development,
and
(e)
the compatibility of the development with nearby
land uses.
cl 5.24: Subst 2023
(458), Sch 1[4].
5.25Farm gate premises
(1)
The objectives of this clause are as
follows—
(a)
to allow for tourism and related commercial uses
on land used principally for primary production at a scale that does not
adversely affect the principal use of the land for primary
production,
(b)
to balance the impact of tourism and related
commercial uses with the use of land for primary production, the environment,
scenic values, infrastructure and adjoining land
uses.
(2)
Development consent must not be granted to
development for the purposes of farm gate premises on land unless the consent
authority has considered—
(a)
whether the development will result in noise or
pollution that will have a significant adverse impact on the following on or
near the land—
(i)
residential accommodation,
(ii)
primary production
operations,
(iii)
other land uses, and
(b)
whether the development will have a significant
adverse impact on the following on or near the land—
(i)
the visual amenity or heritage or scenic
values,
(ii)
native or significant flora or
fauna,
(iii)
water quality,
(iv)
traffic,
(v)
the safety of persons,
and
(c)
whether the development is on bush fire prone
land or flood prone land, and
(d)
the suitability of the land for the proposed
development, and
(e)
the compatibility of the development with nearby
land uses.
cl 5.25: Subst 2023
(458), Sch 1[4].