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 2015
(576), cl 4 (1) (2); 2016 (168), Sch 1 [5]; 2017 (493), Sch 1.1 [1] [2]; 2018
(196), Sch 1 [1]; 2018 (770), Sch 1 [1]–[3]; 2019 (137), Sch 6 [1]; 2019
(655), Sch 1[1]; 2020 (160), Sch 1[2]; 2022 (314), Sch 1; 2022 (831), Sch
1.15[3] [4]; 2023 (458), Sch 2.47.
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 agricultural land for long term
agricultural production.
•
To provide opportunities for
employment-generating development that adds value to local agricultural
production through food and beverage processing.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with consent
Agricultural produce industries; Agritourism; Air
transport facilities; Animal boarding or training establishments; Aquaculture;
Bed and breakfast accommodation; Building identification signs; Business
identification signs; Cellar door premises; Dwelling houses; Environmental
facilities; Extractive industries; Farm buildings; Farm stay accommodation;
Flood mitigation works; Forestry; Highway service centres; Home-based child
care; Home businesses; Home industries; Home occupations (sex services);
Industrial retail outlets; Intensive livestock agriculture; Intensive plant
agriculture; Open cut mining; Recreation areas; Roads; Roadside stalls;
Secondary dwellings; Stock and sale yards; Water supply
systems
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 protect agricultural land for long term
agricultural production.
•
To provide opportunities for
employment-generating development that adds value to local agricultural
production through food and beverage processing and integrates with
tourism.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home occupations
3Permitted with consent
Agricultural produce industries; Agritourism; Air
transport facilities; Animal boarding or training establishments; Aquaculture;
Bed and breakfast accommodation; Building identification signs; Business
identification signs; Cellar door premises; Cemeteries; Community facilities;
Crematoria; Dairies (restricted); Dwelling houses; Eco-tourist facilities;
Environmental facilities; Extractive industries; Farm buildings; Farm stay
accommodation; Flood mitigation works; Forestry; Highway service centres;
Home-based child care; Home businesses; Home industries; Home occupations (sex
services); Industrial retail outlets; Information and education facilities;
Intensive plant agriculture; Recreation areas; Roads; Roadside stalls;
Secondary dwellings; Water supply systems
4Prohibited
Any development not specified in item 2 or
3
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 increase the supply of secondary dwellings for
affordable rental housing stock.
•
To provide economic and employment opportunities
for people who conduct business activities from their homes where these will
not adversely affect the amenity of neighbours or the
neighbourhood.
2Permitted without consent
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Boat sheds;
Business identification signs; Centre-based child care facilities; Community
facilities; Dual occupancies; Dwelling houses; Environmental protection works;
Exhibition homes; Exhibition villages; Group homes; Health consulting rooms;
Home-based child care; Home businesses; Home industries; Hospitals; Multi
dwelling housing; Oyster aquaculture; Places of public worship; Pond-based
aquaculture; Recreation areas; Respite day care centres; Roads; Secondary
dwellings; Semi-detached dwellings; Tank-based
aquaculture
4Prohibited
Any development not specified in item 2 or
3
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.
•
To provide opportunities for multi-storey
residential accommodation in locations close to shops, transport nodes,
commercial services, public open space and employment
opportunities.
•
To provide increased housing choice particularly
housing suited to older people and people with a
disability.
•
To increase the supply of affordable
housing.
2Permitted without consent
Home occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Boarding houses; Building identification signs; Business
identification signs; Centre-based child care facilities; Community
facilities; Group homes; 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; Boat launching ramps; Boat sheds; Camping grounds; Car
parks; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Commercial premises; Correctional centres; Crematoria; Depots; Dwelling
houses; Eco-tourist facilities; Electricity generating works; Environmental
facilities; Exhibition homes; Exhibition villages; Extractive industries;
Flood mitigation works; 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; Medical centres; Mooring pens; Moorings;
Mortuaries; Open cut mining; Passenger transport facilities; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Restricted premises; Rural
industries; Rural workers’ dwellings; Service stations; Sewerage
systems; Sex services premises; Signage; 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; Water recreation structures;
Water supply systems; 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.
2Permitted without consent
Home occupations
3Permitted with consent
Bed and breakfast accommodation; Business
identification signs; Dual occupancies; Dwelling houses; Home industries;
Oyster aquaculture; Pond-based aquaculture; Roads; Secondary dwellings;
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; Camping grounds; Car
parks; Caravan parks; Cemeteries; Charter and tourism boating facilities;
Commercial premises; Correctional centres; Crematoria; Depots; Eco-tourist
facilities; Electricity generating works; Environmental facilities; Exhibition
homes; Exhibition villages; Extractive industries; Farm buildings; Flood
mitigation works; 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; Medical centres; Mooring pens; Moorings;
Mortuaries; Open cut mining; Passenger transport facilities; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Registered clubs; Research stations; Residential accommodation;
Restricted premises; Rural industries; Service stations; Sewerage systems; Sex
services premises; Signage; 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; Water recreation structures;
Water supply systems; 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 encourage mixed use buildings that include a
component of housing located above retail and business
premises.
•
To encourage development that is compatible with
the commercial centres hierarchy.
•
To encourage development that has a high level of
accessibility and amenity and prioritises pedestrians.
•
To encourage new development that provides
diverse and active street frontages in order to attract pedestrian traffic and
contribute to vibrant, diverse and functional streets and public
spaces.
2Permitted without consent
Home businesses; Home industries; Home
occupations
3Permitted with consent
Amusement centres; Boarding houses; Centre-based
child care facilities; Commercial premises; Community facilities;
Entertainment facilities; Function centres; Group homes; Hostels; Hotel or
motel accommodation; Information and education facilities; Local distribution
premises; Medical centres; Oyster aquaculture; Places of public worship;
Public administration buildings; Recreation facilities (indoor); Respite day
care centres; 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; Camping grounds; Caravan parks;
Cemeteries; Charter and tourism boating facilities; Correctional centres;
Crematoria; Depots; Eco-tourist facilities; Electricity generating works;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; 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; Mooring pens; Moorings; Mortuaries; Open cut
mining; Recreation facilities (outdoor); Research stations; Residential
accommodation; Rural industries; Sewerage systems; Sex services premises;
Storage premises; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Waste or resource management facilities;
Water recreation structures; Water supply systems; Wharf or boating
facilities; Wholesale supplies
Zone E3Productivity Support
1Objectives of zone
•
To provide a range of facilities and services,
light industries, warehouses and offices.
•
To provide for land uses that are compatible
with, but do not compete with, land uses in surrounding local and commercial
centres.
•
To maintain the economic viability of local and
commercial centres by limiting certain retail and commercial
activity.
•
To provide for land uses that meet the needs of
the community, businesses and industries but that are not suited to locations
in other employment zones.
•
To provide opportunities for new and emerging
light industries.
•
To enable other land uses that provide facilities
and services to meet the day to day needs of workers, to sell goods of a large
size, weight or quantity or to sell goods manufactured
on-site.
2Permitted without consent
Home occupations
3Permitted with consent
Agricultural produce industries; Animal boarding
or training establishments; Boat building and repair facilities; Building
identification signs; Business identification signs; Business premises;
Centre-based child care facilities; Community facilities; Depots; Function
centres; Garden centres; Hardware and building supplies; Hotel or motel
accommodation; Industrial retail outlets; Industrial training facilities;
Information and education facilities; Landscaping material supplies; Light
industries; Local distribution premises; Markets; Mortuaries; Neighbourhood
shops; Office premises; Oyster aquaculture; Passenger transport facilities;
Places of public worship; Plant nurseries; Recreation areas; Recreation
facilities (indoor); Recreation facilities (major); Recreation facilities
(outdoor); Research stations; Respite day care centres; Restaurants or cafes;
Rural supplies; Service stations; Specialised retail premises; Storage
premises; Take away food and drink premises; Tank-based aquaculture; Timber
yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales
or hire premises; Veterinary hospitals; Warehouse or distribution centres;
Wholesale supplies; Any other development not specified in item 2 or
4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Boat launching ramps; Boat sheds; Camping grounds; Caravan
parks; Cemeteries; Charter and tourism boating facilities; Correctional
centres; Crematoria; Eco-tourist facilities; Entertainment facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Forestry; Heavy industrial storage establishments; Highway service
centres; Industries; Marinas; Mooring pens; Moorings; Open cut mining;
Registered clubs; Residential accommodation; Restricted premises; Retail
premises; Rural industries; Sewerage systems; Signage; Tourist and visitor
accommodation; Waste or resource management facilities; Water recreation
structures; 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 encourage employment opportunities and to
support the viability of centres.
•
To support and protect industrial land for
industrial uses.
2Permitted without consent
Nil
3Permitted with consent
Agricultural produce industries; Building
identification signs; Business identification signs; Depots; Freight transport
facilities; Garden centres; General industries; Goods repair and reuse
premises; Hardware and building supplies; Industrial retail outlets;
Industrial training facilities; Landscaping material supplies; Light
industries; Liquid fuel depots; Local distribution premises; Neighbourhood
shops; Oyster aquaculture; Plant nurseries; Rural supplies; Self-storage
units; Take away food and drink premises; Tank-based aquaculture; Vehicle
sales or hire premises; Warehouse or distribution centres; Any other
development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat launching
ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Centre-based
child care facilities; Charter and tourism boating facilities; Commercial
premises; Community facilities; Correctional centres; Crematoria; Eco-tourist
facilities; Educational establishments; Entertainment facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Flood mitigation works; Forestry; Function centres; Health
services facilities; Heavy industrial storage establishments; Highway service
centres; Home-based child care; Home businesses; Home occupations; Home
occupations (sex services); Industries; Information and education facilities;
Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport
facilities; Public administration buildings; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Registered
clubs; Research stations; Residential accommodation; Respite day care centres;
Restricted premises; Rural industries; Signage; Storage premises; Tourist and
visitor accommodation; Water recreation structures; Wharf or boating
facilities
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Roads; The purpose shown on the
Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone RE1Public Recreation
1Objectives of zone
•
To enable land to be used for public open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Boat sheds; Building identification
signs; Business identification signs; Camping grounds; Caravan parks;
Centre-based child care facilities; Charter and tourism boating facilities;
Community facilities; Environmental facilities; Heliports; Information and
education facilities; Kiosks; Markets; Recreation areas; Recreation facilities
(indoor); Recreation facilities (major); Recreation facilities (outdoor);
Respite day care centres; Roads; Water recreation structures; Water recycling
facilities; Water supply systems
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 protection
works
3Permitted with consent
Aquaculture; Camping grounds; Caravan parks;
Charter and tourism boating facilities; Community facilities; Environmental
facilities; Food and drink premises; Function centres; Helipads; Kiosks;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(outdoor); Registered clubs; Roads; Signage; Water recreation structures;
Water recycling facilities; Water supply systems
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 ensure adequate environmental buffers are
provided, maintained or rehabilitated in the vicinity of high ecological value
areas and waterways.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Environmental facilities; Oyster aquaculture
Recreation areas; Roads
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Local distribution premises; Multi dwelling housing; Pond-based
aquaculture; Recreation facilities (major); Residential flat buildings;
Restricted premises; Retail premises; Seniors housing; Service stations;
Tank-based aquaculture; Warehouse or distribution centres; Any other
development not specified in item 2 or 3
Zone C3Environmental Management
1Objectives of zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To allow limited types of agriculture subject to
effective environmental safeguards and sound land management
practices.
2Permitted without consent
Environmental protection works; Home
occupations
3Permitted with consent
Bed and breakfast accommodation; Building
identification signs; Business identification signs; Cellar door premises;
Dwelling houses; Eco-tourist facilities; Environmental facilities; Extensive
agriculture; Farm buildings; Farm stay accommodation; Home-based child care;
Home businesses; Home industries; Home occupations (sex services); Information
and education facilities; Kiosks; Oyster aquaculture; Pond-based aquaculture;
Recreation areas; Roads; Roadside stalls; Secondary dwellings; Tank-based
aquaculture; Viticulture
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
Zone W4Working Waterfront
1Objectives of zone
•
To retain and encourage industrial and maritime
activities on foreshores.
•
To identify sites for maritime purposes and for
activities requiring direct foreshore access.
•
To ensure that development does not have an
adverse impact on the environment 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
Nil
3Permitted with consent
Aquaculture; Boat building and repair facilities;
Boat launching ramps; Charter and tourism boating facilities; Food and drink
premises; Information and education facilities; Jetties; Kiosks; Light
industries; Marinas; Markets; Mooring pens; Roads;
Signage
4Prohibited
Any development not specified in item 2 or
3
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to ensure that subdivision reflects and
reinforces the predominant subdivision pattern of the
area,
(b)
to minimise any likely impact of subdivision and
development on the amenity of neighbouring properties,
(c)
to ensure that lot sizes and shapes are able to
accommodate development consistent with relevant development
controls,
(d)
to restrict the fragmentation of land for rural
residential purposes.
(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 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: Am 2022
(831), Sch 1.15[5].
4.1AExceptions to minimum lot sizes for development in Zone R2
and Zone R3
(1)
The objective of this clause is to encourage
housing diversity without adversely impacting on residential
amenity.
(2)
This clause applies to development on land in the
following zones—
(a)
Zone R2 Low Density Residential
Zone,
(b)
Zone R3 Medium Density Residential
Zone.
(3)
Despite clause 4.1, development consent may be
granted to a single development application for development on land to which
this clause applies if the development is both—
(a)
the subdivision of land into 3 or more
lots—
(i)
each lot being equal to or greater than 50% of
the minimum size shown on the Lot Size Map in relation to the land if
the land is in Zone R2 Low Density Residential, or
(ii)
each lot being equal to or greater than 150
square metres if the land is in Zone R3 Medium Density Residential,
and
(b)
the erection of an attached dwelling, a
semi-detached dwelling or a dwelling house on each lot resulting from the
subdivision.
Note—
See clause 4.1D for exceptions to minimum
subdivision lot sizes for dual occupancies in Zone R2 and Zone
R3.
cl 4.1A: Am 2018
(196), Sch 1 [2].
4.1BExceptions to minimum lot sizes for certain development in
residential zones
(1)
The objective of this clause is to encourage
housing diversity without adversely impacting on residential
amenity.
(2)
Despite clause 4.1, development consent may be
granted to subdivide land in any residential zone if at the time this Plan
commenced and at the time the development application was made there existed
on the land a dual occupancy or multi dwelling housing and each resulting lot
from the subdivision—
(a)
will be not less than 150 square metres,
and
(b)
will contain a single
dwelling.
(3)
However, this clause does not apply to land in
Zone R2 Low Density Residential or Zone R3 Medium Density Residential on which
there is an existing dual occupancy (erected at any time).
Note—
See clause 4.1D for exceptions to minimum
subdivision lot sizes for dual occupancies in Zone R2 and Zone
R3.
cl 4.1B: Am 2018
(196), Sch 1 [3].
4.1CExceptions to minimum subdivision lot sizes for certain
split zones
(1)
The objectives of this clause are as
follows—
(a)
to provide for the subdivision of lots that are
within more than one zone but cannot be subdivided under clause
4.1,
(b)
to ensure that the subdivision occurs in a manner
that promotes suitable land uses and development.
(2)
This clause applies to each lot (an original lot) that
contains—
(a)
land in a rural or conservation zone,
and
(b)
land in a residential or employment zone, or Zone
W4 Working Waterfront.
(3)
Despite clause 4.1, development consent may be
granted to subdivide an original lot to create other lots (the resulting lots)
if—
(a)
one of the resulting lots will contain all of the
land in a rural or conservation zone and—
(i)
any existing dwelling, or
(ii)
any land within any other zone with an area that
is not less than the minimum size shown on the Lot Size
Map in relation to that land,
and
(b)
each of the other resulting lots will contain
land that has an area that is not less than the minimum size shown on the
Lot Size
Map in relation to that land.
(4)
In determining whether to grant development
consent for the subdivision of land under this clause, the consent authority
must consider the following—
(a)
whether or not the development is likely to
maintain or improve the environmental values and agricultural viability of the
land,
(b)
the potential impact on the natural and physical
constraints affecting the land, taking into account the long-term maintenance,
management and protection of the land,
(c)
the compatibility with existing or potential land
uses and measures that are deemed necessary to avoid or minimise any potential
for land use conflicts.
cl 4.1C: Ins 2017
(409), Sch 1. Am 2022 (831), Sch 1.15[6] [7].
4.1DExceptions to minimum subdivision lot sizes for dual
occupancies in Zone R2 and Zone R3
(1)
The objective of this clause is to encourage the
efficient subdivision of existing and proposed dual occupancies without
adversely impacting on residential amenity.
(2)
This clause applies to the subdivision of land in
the following zones—
(a)
Zone R2 Low Density
Residential,
(b)
Zone R3 Medium Density
Residential,
but does not apply to the subdivision of land under the
Strata Schemes Development Act 2015 or
the Community Land Development Act
1989.
(3)
Despite clause 4.1, development consent may be
granted to the subdivision of land to which this clause applies
if—
(a)
there is an existing dual occupancy (lawfully
erected at any time) on the land or development consent has been granted for
the erection of a dual occupancy on the land, and
(b)
the subdivision of land will result in no more
than 2 lots with each resulting lot equal to or greater than 50% of the
minimum size shown on the Lot Size Map in relation to the land,
and
(c)
each resulting lot will have either a
semi-detached dwelling or dwelling house.
(4)
Despite clause 4.1, development consent may be
granted to a single development application for development on land to which
this clause applies if the development is both—
(a)
the subdivision of land into no more than 2 lots
with each resulting lot equal to or greater than 50% of the minimum size shown
on the Lot
Size Map in relation to the land, and
(b)
the erection of either a semi-detached dwelling
or dwelling house on each lot resulting from the
subdivision.
cl 4.1D: Ins 2018
(196), Sch 1 [4].
4.1EMinimum site areas for dual occupancies and multi dwelling
housing in Zone R2
(1)
This clause applies to land in Zone R2 Low
Density Residential.
(2)
Despite any other provision of this Plan,
development for the purposes of multi dwelling housing is not permitted in
Zone R2 Low Density Residential unless the development is for the purpose of
terraces.
(3)
In the case of land to which this clause applies
that is located in Jamberoo, development consent must not be granted to
development for the purpose of dual occupancies and multi dwelling housing
unless the site area per dwelling is equal to or greater than 400 square
metres for the following purposes—
(a)
a dual occupancy,
(b)
terraces.
(4)
In the case of land to which this clause applies
that is not located in Jamberoo, development consent must not be granted to
development for the purpose of dual occupancies and multi dwelling housing
unless the site area per dwelling is equal to or greater than 300 square
metres for the following purposes—
(a)
a dual occupancy,
(b)
terraces.
(5)
Despite clause 3B.1A of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008, development for the purposes of
manor houses within the meaning of that Policy is not permitted on land to
which this clause applies.
(6)
In this clause and clause 4.1F—
manor house has the same
meaning as in clause 1.5 of State Environmental
Planning Policy (Exempt and Complying Development Codes)
2008.
terraces means multi
dwelling housing where all dwellings are attached and face, and are generally
aligned along, 1 or more public roads.
cll 4.1E, 4.1F: Ins
2020 (160), Sch 1[3].
4.1FMinimum site areas for dual occupancies, manor houses and
multi dwelling housing in Zone R3
(1)
This clause applies to land in Zone R3 Medium
Density Residential.
(2)
Development consent must not be granted to
development for the following purposes unless the site area per dwelling is
equal to or greater than 200 square metres for that purpose—
(a)
a dual occupancy,
(b)
a manor house,
(c)
terraces.
Note—
Clause 3B.1A of the State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that development for the
purposes of manor houses is permitted with development consent in Zone
R3.
cll 4.1E, 4.1F: Ins
2020 (160), Sch 1[3].
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
RU4 Primary Production Small Lots or Zone RU6
Transition.
(3)
Land in a zone to which this clause applies may,
with development consent, be subdivided for the purpose of primary production
to create a lot of a size that is less than the minimum size shown on the
Lot Size
Map in relation to that land.
(4)
However, such a lot cannot be created if an
existing dwelling would, as the result of the subdivision, be situated on the
lot.
(5)
A dwelling cannot be erected on such a
lot.
Note—
A dwelling includes a rural worker’s
dwelling (see definition of that term in the
Dictionary).
4.2AErection of dwelling houses on land in certain rural and
conservation zones
(1)
The objectives of this clause are as
follows—
(a)
to minimise unplanned rural residential
development,
(b)
to enable the replacement of lawfully erected
dwelling houses in rural and conservation zones.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C3 Environmental
Management.
(3)
Development consent must not be granted for the
erection of a dwelling house on land in a zone to which this clause applies,
and on which no dwelling house has been erected, unless the land
is—
(a)
a lot that is at least the minimum lot size
specified for that land by the Lot Size Map, or
(b)
a lot created before this Plan commenced and on
which the erection of a dwelling house was permissible immediately before that
commencement, or
(c)
a lot resulting from a subdivision for which
development consent (or equivalent) was granted before this Plan commenced and
on which the erection of a dwelling house would have been permissible if the
plan of subdivision had been registered before that commencement,
or
(d)
an existing holding.
Note—
A dwelling cannot be erected on a lot created
under clause 9 of State Environmental Planning Policy
(Rural Lands) 2008 or clause 4.2.
(4)
Subclause (3)(b), (c) and (d) ceases to apply
if—
(a)
an application for development consent referred
to in that subclause is not made in relation to that land within 5 years after
the day this Plan commences, or
(b)
an application for development consent referred
to in that subclause is made in relation to that land within 5 years after the
day this Plan commences, but the application is
refused.
(5)
Despite subclause (3), development consent may be
granted for the erection of a dwelling house on land to which this clause
applies if—
(a)
there is a lawfully erected dwelling house on the
land and the dwelling house to be erected is intended only to replace the
existing dwelling house, or
(b)
the land would have been a lot or a holding
referred to in subclause (3) had it not been affected by—
(i)
a minor realignment of its boundaries that did
not create an additional lot, or
(ii)
a subdivision creating or widening a public road
or public reserve or for another public purpose.
(6)
In this clause—
existing holding
means land that—
(a)
was a holding on 4 July 1977,
and
(b)
is a holding at the time the application for
development consent referred to in subclause (3) is
lodged,
whether or not there has been a change in the ownership
of the holding since 4 July 1977, and includes any other land adjoining that
land acquired by the owner since 4 July 1977.
holding means all adjoining
land, even if separated by a road or railway, held by the same person or
persons.
Note—
The owner in whose ownership all the land is at
the time the application is lodged need not be the same person as the owner in
whose ownership all the land was on the stated date.
cl 4.2A: Am 2022
(831), Sch 1.15[5] [8].
4.2BMinimum subdivision lot size for strata plans in Zone RU1,
Zone RU2 and Zone C3
(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 being subdivided (being a subdivision that requires development
consent) under the Strata Schemes (Freehold Development)
Act 1973 for use as residential accommodation or tourist
and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C3 Environmental
Management.
(3)
The size of any lot resulting from a subdivision
to which this clause applies (other than common property within the meaning of
the Strata Schemes (Freehold Development) Act
1973) is not to be less than the minimum size shown on the
Lot Size
Map in relation to that land.
cl 4.2B: Am 2022
(831), Sch 1.15[5].
4.2CExceptions to minimum subdivision lot size for boundary
adjustments in Zone RU1, Zone RU2 and Zone C3
(1)
The object of this clause is to permit the
boundary between 2 or more lots to be altered in certain circumstances to give
landowners a greater opportunity to achieve the objectives of a
zone.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C3 Environmental
Management.
(3)
Despite clause 4.1, development consent may be
granted to the subdivision of 2 or more adjoining lots to which this clause
applies if—
(a)
the subdivision will not result in any increase
in the number of lots, and
(b)
the subdivision will not result in an increase in
the number of dwellings on, or dwellings that may be erected on, any of the
lots, and
(c)
the land subject to the subdivision will continue
to be used for rural or agricultural purposes (or
both).
(4)
Before determining a development application for
the subdivision of land under this clause, the consent authority must consider
the following—
(a)
the existing uses and approved uses of other land
in the vicinity of the subdivision,
(b)
whether or not the subdivision is likely to have
a significant impact on land uses that are likely to be preferred and the
predominant land uses in the vicinity of the development,
(c)
whether or not the subdivision is likely to be
incompatible with a use referred to in paragraph (a) or
(b),
(d)
whether or not the subdivision is likely to be
incompatible with a use on land in any adjoining zone,
(e)
any measures proposed by the applicant to avoid
or minimise any incompatibility referred to in paragraph (c) or
(d),
(f)
whether or not the subdivision is appropriate
having regard to the natural and physical constraints affecting the
land,
(g)
whether or not the subdivision is likely to have
an adverse impact on the environmental values or agricultural viability of the
land.
(5)
This clause does not apply—
(a)
in relation to the subdivision of individual lots
in a strata plan or a community title scheme, or
(b)
if the subdivision would create a lot that could
itself be subdivided in accordance with clause 4.1.
cl 4.2C: Ins 2018
(196), Sch 1 [5]. Am 2022 (831), Sch 1.15[5].
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to ensure future development is in keeping with
the desired scale and character of the street and local
area,
(b)
to allow reasonable daylight access to all
developments and the public domain.
(2)
The height of a building on any land is not to
exceed the maximum height shown for the land on the Height of Buildings
Map.
4.4Floor space ratio
(1)
The objectives of this clause are as
follows—
(a)
to ensure that development is in keeping with the
optimum capacity of the site and the local area,
(b)
to define allowable development density for
generic building types.
(2)
The maximum floor space ratio for a building on
any land is not to exceed the floor space ratio shown for the land on the
Floor Space
Ratio Map.
4.5Calculation of floor space ratio and site
area
(1)Objectives
The objectives of this clause are as
follows—
(a)
to define floor space
ratio,
(b)
to set out rules for the calculation of the site
area of development for the purpose of applying permitted floor space ratios,
including rules to—
(i)
prevent the inclusion in the site area of an area
that has no significant development being carried out on it,
and
(ii)
prevent the inclusion in the site area of an area
that has already been included as part of a site area to maximise floor space
area in another building, and
(iii)
require community land and public places to be
dealt with separately.
(2)Definition of “floor space
ratio”
The floor space ratio of
buildings on a site is the ratio of the gross floor area of all buildings
within the site to the site area.
(3)Site area
In determining the site area of proposed
development for the purpose of applying a floor space ratio, the site area is taken to
be—
(a)
if the proposed development is to be carried out
on only one lot, the area of that lot, or
(b)
if the proposed development is to be carried out
on 2 or more lots, the area of any lot on which the development is proposed to
be carried out that has at least one common boundary with another lot on which
the development is being carried out.
In addition, subclauses (4)–(7) apply to
the calculation of site area for the purposes of applying a floor space ratio
to proposed development.
(4)Exclusions from site area
The following land must be excluded from the site
area—
(a)
land on which the proposed development is
prohibited, whether under this Plan or any other law,
(b)
community land or a public place (except as
provided by subclause (7)).
(5)Strata subdivisions
The area of a lot that is wholly or partly on top
of another or others in a strata subdivision is to be included in the
calculation of the site area only to the extent that it does not overlap with
another lot already included in the site area
calculation.
(6)Only significant development to be
included
The site area for proposed development must not
include a lot additional to a lot or lots on which the development is being
carried out unless the proposed development includes significant development
on that additional lot.
(7)Certain public land to be separately
considered
For the purpose of applying a floor space ratio
to any proposed development on, above or below community land or a public
place, the site area must only include an area that is on, above or below that
community land or public place, and is occupied or physically affected by the
proposed development, and may not include any other area on which the proposed
development is to be carried out.
(8)Existing buildings
The gross floor area of any existing or proposed
buildings within the vertical projection (above or below ground) of the
boundaries of a site is to be included in the calculation of the total floor
space for the purposes of applying a floor space ratio, whether or not the
proposed development relates to all of the buildings.
(9)Covenants to prevent “double
dipping”
When development consent is granted to
development on a site comprised of 2 or more lots, a condition of the consent
may require a covenant to be registered that prevents the creation of floor
area on a lot (the restricted lot) if the consent authority is satisfied that
an equivalent quantity of floor area will be created on another lot only
because the site included the restricted lot.
(10)Covenants affect consolidated
sites
If—
(a)
a covenant of the kind referred to in subclause
(9) applies to any land (affected land),
and
(b)
proposed development relates to the affected land
and other land that together comprise the site of the proposed
development,
the maximum amount of floor area allowed on the other
land by the floor space ratio fixed for the site by this Plan is reduced by
the quantity of floor space area the covenant prevents being created on the
affected land.
(11)Definition
In this clause, public place has the same
meaning as it has in the Local Government Act
1993.
4.6Exceptions to development standards
(1)
The objectives of this clause are as
follows—
(a)
to provide an appropriate degree of flexibility
in applying certain development standards to particular
development,
(b)
to achieve better outcomes for and from
development by allowing flexibility in particular
circumstances.
(2)
Development consent may, subject to this clause,
be granted for development even though the development would contravene a
development standard imposed by this or any other environmental planning
instrument. However, this clause does not apply to a development standard that
is expressly excluded from the operation of this clause.
(3)
Development consent must not be granted 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 2022
(831), Sch 1.15[9].
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 and Infrastructure 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 and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act
1991).
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 5 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)
40% of the gross floor area of the industry or
rural industry located on the same land as the retail outlet,
or
(b)
75 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 5 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 10 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 100 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 75
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)
40% of the gross floor area of the industry,
or
(b)
75 square metres,
whichever is the lesser.
cl 5.4: Am 2018
(406), Sch 1.73 [1] [2].
5.5Controls relating to secondary dwellings on land in a rural
zone
If development for the purposes of a secondary
dwelling is permitted under this Plan on land in a rural zone—
(a)
the total floor area of the dwelling, excluding
any area used for parking, must not exceed whichever of the following is the
greater—
(i)
120 square metres,
(ii)
0% of the total floor area of the principal
dwelling, and
(b)
the distance between the secondary dwelling and
the principal dwelling must not exceed 60 metres.
cl 5.5: Subst 2021
(714), Sch 11.24.
5.6Architectural roof features
(1)
The objectives of this clause are as
follows—
(a)
to ensure that architectural roof features to
which this clause applies are decorative elements only,
(b)
to ensure that the majority of the roof features
are contained within the prescribed building
height.
(2)
Development that includes an architectural roof
feature that exceeds, or causes a building to exceed, the height limits set by
clause 4.3 may be carried out, but only with development
consent.
(3)
Development consent must not be granted to any
such development unless the consent authority is satisfied that—
(a)
the architectural roof feature—
(i)
comprises a decorative element on the uppermost
portion of a building, and
(ii)
is not an advertising structure,
and
(iii)
does not include floor space area and is not
reasonably capable of modification to include floor space area,
and
(iv)
will cause minimal overshadowing,
and
(b)
any building identification signage or equipment
for servicing the building (such as plant, lift motor rooms, fire stairs and
the like) contained in or supported by the roof feature is fully integrated
into the design of the roof feature.
5.7Development below mean high water
mark
(1)
The objective of this clause is to ensure
appropriate environmental assessment for development carried out on land
covered by tidal waters.
(2)
Development consent is required to carry out
development on any land below the mean high water mark of any body of water
subject to tidal influence (including the bed of any such
water).
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]
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
Kiama,
(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
(1)
The objectives of this clause are as
follows—
(a)
to maintain the environmental and cultural values
of land on which development for the purposes of eco-tourist facilities is
carried out,
(b)
to provide for sensitively designed and managed
eco-tourist facilities that have minimal impact on the environment both on and
off-site.
(2)
This clause applies if development for the
purposes of an eco-tourist facility is permitted with development consent
under this Plan.
(3)
The consent authority must not grant consent
under this Plan to carry out development for the purposes of an eco-tourist
facility unless the consent authority is satisfied that—
(a)
there is a demonstrated connection between the
development and the ecological, environmental and cultural values of the site
or area, and
(b)
the development will be located, constructed,
managed and maintained so as to minimise any impact on, and to conserve, the
natural environment, and
(c)
the development will enhance an appreciation of
the environmental and cultural values of the site or area,
and
(d)
the development will promote positive
environmental outcomes and any impact on watercourses, soil quality, heritage
and native flora and fauna will be minimal, and
(e)
the site will be maintained (or regenerated where
necessary) to ensure the continued protection of natural resources and
enhancement of the natural environment, and
(f)
waste generation during construction and
operation will be avoided and that any waste will be appropriately removed,
and
(g)
the development will be located to avoid
visibility above ridgelines and against escarpments and from watercourses and
that any visual intrusion will be minimised through the choice of design,
colours, materials and landscaping with local native flora,
and
(h)
any infrastructure services to the site will be
provided without significant modification to the environment,
and
(i)
any power and water to the site will, where
possible, be provided through the use of passive heating and cooling,
renewable energy sources and water efficient design, and
(j)
the development will not adversely affect the
agricultural productivity of adjoining land, and
(k)
the following matters are addressed or provided
for in a management strategy for minimising any impact on the natural
environment—
(i)
measures to remove any threat of serious or
irreversible environmental damage,
(ii)
the maintenance (or regeneration where necessary)
of habitats,
(iii)
efficient and minimal energy and water use and
waste output,
(iv)
mechanisms for monitoring and reviewing the
effect of the development on the natural environment,
(v)
maintaining improvements on an on-going basis in
accordance with relevant ISO 14000 standards relating to management and
quality control.
cl 5.13: Subst 2018
(770), Sch 1 [4].
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
[Not adopted]
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].