Land
Use Table
Note—
State environmental planning policies, including
the following, may be relevant to development on land to which this Plan
applies—
State Environmental
Planning Policy (Housing) 2021
State Environmental
Planning Policy (Transport and Infrastructure) 2021,
Chapter 2—relating to infrastructure facilities, including air
transport, correction, education, electricity generating works and solar
energy systems, health services, ports, railways, roads, waste management and
water supply systems
State Environmental
Planning Policy (Resources and Energy) 2021, Chapter
2
State Environmental
Planning Policy (Resilience and Hazards) 2021, Chapter
3
State Environmental
Planning Policy (Industry and Employment) 2021, Chapter
3
State Environmental
Planning Policy (Primary Production) 2021, Chapter
2
Land Use tbl: Am 2017
(493), Sch 1.1 [2]; 2018 (49), cl 4; 2018 (488), Sch 1.1 [1]; 2019 (137), Sch
6 [1]; 2019 (621), Sch 3; 2020 (405), Sch 1[1]–[28]; 2020 (770), cl 4(1)
(2); 2022 (314), Sch 1; 2022 (857), Sch 1.12[2]; 2023 (458), Sch 2.89; 2023
(580), Sch 1[1] [2].
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 and enhance the biodiversity of Yass
Valley.
•
To protect the geologically significant areas of
Yass Valley.
•
To maintain the rural character of Yass
Valley.
•
To encourage the use of rural land for
agriculture and other forms of development that are associated with rural
industry or that require an isolated or rural location.
•
To ensure that the location, type and intensity
of development is appropriate, having regard to the characteristics of the
land, the rural environment and the need to protect significant natural
resources, including prime crop and pasture land.
•
To prevent the subdivision of land on the fringe
of urban areas into small lots that may prejudice the proper layout of future
urban areas.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Forestry; Home-based child care; Home businesses; Home
occupations; Intensive plant agriculture; Water storage
facilities
3Permitted with consent
Agritourism; Air transport facilities; Airstrips;
Animal boarding or training establishments; Aquaculture; Artisan food and
drink industries; Bed and breakfast accommodation; Boat launching ramps; Boat
sheds; Camping grounds; Caravan parks; Cellar door premises; Cemeteries;
Charter and tourism boating facilities; Community facilities; Correctional
centres; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist
facilities; Environmental facilities; Extractive industries; Farm buildings;
Farm stay accommodation; Flood mitigation works; Function centres; Helipads;
High technology industries; Home industries; Industrial retail outlets;
Industrial training facilities; Information and education facilities;
Intensive livestock agriculture; Landscaping material supplies; Markets; Open
cut mining; Places of public worship; Recreation areas; Recreation facilities
(major); Recreation facilities (outdoor); Restaurants or cafes; Roads;
Roadside stalls; Rural industries; Rural supplies; Rural workers’
dwellings; Serviced apartments; Signage; Timber yards; Transport depots; Truck
depots; Turf farming; Waste or resource management facilities; Water
recreation structures; 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.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home businesses; Home occupations;
Intensive plant agriculture; Water storage facilities
3Permitted with consent
Agricultural produce industries; Agritourism;
Airstrips; Animal boarding or training establishments; Aquaculture; Bed and
breakfast accommodation; Boat launching ramps; Boat sheds; Camping grounds;
Caravan parks; Cellar door premises; Cemeteries; Dual occupancies; Dwelling
houses; Eco-tourist facilities; Environmental facilities; Farm buildings; Farm
stay accommodation; Flood mitigation works; Forestry; Function centres;
Helipads; High technology industries; Home industries; Industrial retail
outlets; Information and education facilities; Mortuaries; Plant nurseries;
Recreation areas; Recreation facilities (outdoor); Restaurants or cafes;
Roads; Roadside stalls; Rural supplies; Rural workers’ dwellings;
Serviced apartments; Signage; Water recreation structures; Water supply
systems
4Prohibited
Any development not specified in item 2 or
3
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; 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 enable residential development if it supports
viable primary production on the land.
•
To ensure that the location, type and intensity
of development is appropriate, having regard to the characteristics of the
land, the rural environment and the need to protect significant natural
resources, including ground and surface water.
•
To prevent premature and sporadic subdivision of
land on the fringe of urban areas into small lots that may prejudice the
proper layout of these areas in the future.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home businesses; Home occupations;
Horticulture; Viticulture; Water storage facilities
3Permitted with consent
Agricultural produce industries; Agritourism;
Animal boarding or training establishments; Aquaculture; Artisan food and
drink industries; Bed and breakfast accommodation; Cellar door premises;
Cemeteries; Dual occupancies; Dwelling houses; Farm buildings; Farm stay
accommodation; Flood mitigation works; Function centres; High technology
industries; Home industries; Industrial retail outlets; Intensive plant
agriculture; Markets; Plant nurseries; Recreation areas; Restaurants or cafes;
Roads; Roadside stalls; Rural supplies; Signage; Truck depots; Veterinary
hospitals; Water supply systems
4Prohibited
Any development not specified in item 2 or
3
Zone RU5Village
1Objectives of zone
•
To provide for a range of land uses, services and
facilities that are associated with a rural village.
•
To ensure that development is compatible with
village character and amenity.
•
To ensure that development is provided with an
adequate water supply and the disposal of sewage.
2Permitted without consent
Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Amusement centres; Boat building and repair
facilities; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Centre-based child care facilities;
Commercial premises; Community facilities; Crematoria; Depots; Dwelling
houses; Entertainment facilities; Environmental facilities; Environmental
protection works; Exhibition villages; Function centres; Information and
education facilities; Light industries; Local distribution premises;
Mortuaries; Neighbourhood shops; Oyster aquaculture; Places of public worship;
Public administration buildings; Recreation areas; Recreation facilities
(indoor); Recreation facilities (outdoor); Registered clubs; Residential
accommodation; Respite day care centres; Roads; Schools; Service stations;
Signage; Storage premises; Tank-based aquaculture; Tourist and visitor
accommodation; Vehicle body repair workshops; Vehicle repair stations;
Veterinary hospitals; Water recycling facilities; Water supply systems;
Wholesale supplies
4Prohibited
Boarding houses; Cellar door premises; Farm stay
accommodation; Hostels; Landscaping material supplies; Multi dwelling housing;
Residential flat buildings; Roadside stalls; Rural workers’ dwellings;
Timber yards; Vehicle sales or hire premises; Any other development not
specified in item 2 or 3
Zone R1General Residential
1Objectives of zone
•
To provide for the housing needs of the
community.
•
To provide for a variety of housing types and
densities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of
residents.
2Permitted without consent
Environmental protection works; Home-based child
care; Home businesses; Home occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Boarding houses; Centre-based child care facilities; Community
facilities; Dual occupancies; Dwelling houses; Emergency services facilities;
Entertainment facilities; Environmental facilities; Exhibition homes; Flood
mitigation works; Group homes; Hostels; Hotel or motel accommodation;
Information and education facilities; Multi dwelling housing; Neighbourhood
shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture;
Recreation areas; Recreation facilities (indoor); Residential flat buildings;
Respite day care centres; Roads; Semi-detached dwellings; Seniors housing;
Serviced apartments; Shop top housing; Signage; Take away food and drink
premises; Tank-based aquaculture; Water supply systems
4Prohibited
Water treatment facilities; Any other 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 ensure that development is provided with an
adequate water supply and the disposal of sewage.
2Permitted without consent
Environmental protection works; Home-based child
care; Home businesses; Home occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Centre-based child care facilities; Dual occupancies; Dwelling
houses; Emergency services facilities; Environmental facilities; Exhibition
homes; Group homes; Home industries; Oyster aquaculture; Pond-based
aquaculture; Recreation areas; Respite day care centres; Roads; Signage;
Tank-based aquaculture; Water supply systems
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 medium density
residential accommodation in locations close to shops, transport nodes,
commercial services, public open space and employment
opportunities.
2Permitted without consent
Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Boarding houses; Centre-based child care facilities; Community
facilities; Dual occupancies; Emergency services facilities; Exhibition homes;
Group homes; Hostels; Multi dwelling housing; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Residential flat buildings; Respite day
care centres; Roads; Semi-detached dwellings; Seniors housing; Serviced
apartments; Signage; Tank-based aquaculture; Water reticulation
systems
4Prohibited
Any other development not specified in item 2 or
3
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 ensure that development is provided with an
adequate water supply and the disposal of sewage.
2Permitted without consent
Environmental protection works; Extensive
agriculture; Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Animal boarding or training establishments; Bed
and breakfast accommodation; Bee keeping; Camping grounds; Caravan parks; Dual
occupancies; Dwelling houses; Emergency services facilities; Environmental
facilities; Exhibition homes; Farm buildings; Group homes (transitional); High
technology industries; Home industries; Information and education facilities;
Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care
centres; Roads; Signage; Tank-based aquaculture; Truck depots; Veterinary
hospitals
4Prohibited
Any development not specified in item 2 or
3
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.
2Permitted without consent
Building identification signs; Environmental
protection works; Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Amusement centres; Artisan food and drink
industries; Backpackers’ accommodation; Bed and breakfast accommodation;
Boarding houses; Centre-based child care facilities; Commercial premises;
Community facilities; Entertainment facilities; Function centres; Home
industries; 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; Serviced
apartments; 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;
Exhibition homes; Exhibition villages; Extractive industries; Farm buildings;
Forestry; Freight transport facilities; 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; Port facilities; Recreation facilities (major); Recreation facilities
(outdoor); Research stations; Rural industries; Rural workers’
dwellings; Sewerage systems; Sex services premises; Storage premises; Tourist
and visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Warehouse or distribution centres; Waste or resource management
facilities; Water recreation structures; 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
Building identification signs; Environmental
protection works; Home-based child care; Home businesses; Home
occupations
3Permitted with consent
Animal boarding or training establishments; Boat
building and repair facilities; 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; 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; Backpackers’ accommodation; Bed and breakfast
accommodation; Boat launching ramps; Boat sheds; Camping grounds; Caravan
parks; Cemeteries; Charter and tourism boating facilities; Correctional
centres; Crematoria; Eco-tourist facilities; Electricity generating works;
Entertainment facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Farm stay accommodation; Forestry; Freight
transport facilities; General industries; Heavy industrial storage
establishments; Heavy industries; Helipads; Highway service centres; Home
occupations (sex services); Jetties; Marinas; Mooring pens; Moorings; Open cut
mining; Places of public worship; Port facilities; Pubs; Registered clubs;
Residential accommodation; Restricted premises; Roadside stalls; Rural
industries; Sewerage systems; Sex services premises; Shops; Transport depots;
Waste or resource management facilities; Water recreation structures; Water
treatment 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.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Depots; Freight transport facilities; Garden
centres; General industries; Goods repair and reuse premises; Hardware and
building supplies; Hotel or motel accommodation; Industrial retail outlets;
Industrial training facilities; Light industries; Liquid fuel depots; Local
distribution premises; Neighbourhood shops; Oyster aquaculture; Take away food
and drink premises; Tank-based aquaculture; Warehouse or distribution centres;
Any other development not specified in item 2 or 4
4Prohibited
Agriculture; Air transport facilities; Airstrips;
Amusement centres; Animal boarding or training establishments; Boat launching
ramps; Boat sheds; Business premises; Camping grounds; Caravan parks; Cellar
door premises; Cemeteries; Centre-based child care facilities; Charter and
tourism boating facilities; Community facilities; Correctional centres;
Eco-tourist facilities; Educational establishments; Entertainment facilities;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Function centres; Health services
facilities; Heavy industrial storage establishments; Heavy industries;
Helipads; Home-based child care; Home businesses; Home occupations; Jetties;
Marinas; Markets; Mooring pens; Moorings; Office premises; Open cut mining;
Plant nurseries; Public administration buildings; Pubs; Recreation areas;
Recreation facilities (indoor); Recreation facilities (major); Recreation
facilities (outdoor); Registered clubs; Research stations; Residential
accommodation; Respite day care centres; Roadside stalls; Shops; Specialised
retail premises; Tourist and visitor accommodation; Veterinary hospitals;
Wharf or boating facilities
Zone SP1Special Activities
1Objectives of zone
•
To provide for special land uses that are not
provided for in other zones.
•
To provide for sites with special natural
characteristics that are not provided for in other zones.
•
To facilitate development that is in keeping with
the special characteristics of the site or its existing or intended special
use, and that minimises any adverse impacts on surrounding
land.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; The purpose shown on the Land Zoning
Map, including any development that is ordinarily
incidental or ancillary to development for that purpose
4Prohibited
Any development not specified in item 2 or
3
Zone SP2Infrastructure
1Objectives of zone
•
To provide for infrastructure and related
uses.
•
To prevent development that is not compatible
with or that may detract from the provision of
infrastructure.
2Permitted without consent
Nil
3Permitted with consent
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.
•
To provide for the free passage or temporary
storage of storm or floodwaters.
•
To identify land that is suitable for future
public recreation use and that can be brought into public
ownership.
•
To ensure the provision of adequate open space to
meet the needs of all residents.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Boat launching ramps; Camping
grounds; Car parks; Caravan parks; Community facilities; Eco-tourist
facilities; Emergency services facilities; Entertainment facilities;
Environmental facilities; Flood mitigation works; Function centres; Kiosks;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Roads; Signage;
Water recycling facilities; Water reticulation systems; Water storage
facilities
4Prohibited
Any development not specified in item 2 or
3
Zone RE2Private Recreation
1Objectives of zone
•
To enable land to be used for private open space
or recreational purposes.
•
To provide a range of recreational settings and
activities and compatible land uses.
•
To protect and enhance the natural environment
for recreational purposes.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Camping grounds; Car parks; Caravan
parks; Community facilities; Eco-tourist facilities; Emergency services
facilities; Environmental facilities; Flood mitigation works; Food and drink
premises; Function centres; Hotel or motel accommodation; Kiosks; Recreation
areas; Recreation facilities (indoor); Recreation facilities (major);
Recreation facilities (outdoor); Registered clubs; Roads; Serviced apartments;
Signage; Water recycling facilities; Water reticulation systems; Water storage
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.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Environmental facilities; Oyster aquaculture;
Research stations; Roads; Signage; Water storage
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.
2Permitted without consent
Environmental protection works; Home-based child
care; Home businesses; Home occupations
3Permitted with consent
Bed and breakfast accommodation; Boat launching
ramps; Camping grounds; Dual occupancies; Dwelling houses; Eco-tourist
facilities; Emergency services facilities; Environmental facilities; Extensive
agriculture; Farm buildings; Flood mitigation works; Horticulture; Information
and education facilities; Oyster aquaculture; Pond-based aquaculture; Research
stations; Roads; Signage; Tank-based aquaculture; Water storage
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
Zone C4Environmental Living
1Objectives of zone
•
To provide for low-impact residential development
in areas with special ecological, scientific or aesthetic
values.
•
To ensure that residential development does not
have an adverse effect on those values.
•
To ensure that development is provided with an
adequate water supply and the disposal of effluent.
2Permitted without consent
Environmental protection works; Home-based child
care; Home businesses; Home occupations; Water supply
systems
3Permitted with consent
Bed and breakfast accommodation; Caravan parks;
Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services
facilities; Environmental facilities; Extensive agriculture; Farm buildings;
Farm stay accommodation; Flood mitigation works; Function centres; Home
industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas;
Roads; Signage; Tank-based aquaculture
4Prohibited
Industries; Local distribution premises; Service
stations; Warehouse or distribution centres; Any other development not
specified in item 2 or 3
Zone W1Natural Waterways
1Objectives of zone
•
To protect the ecological and scenic values of
natural waterways.
•
To prevent development that would have an adverse
effect on the natural values of waterways in this zone.
•
To provide for sustainable fishing industries and
recreational fishing.
2Permitted without consent
Environmental protection
works
3Permitted with consent
Aquaculture; Boat launching ramps; Charter and
tourism boating facilities; Environmental facilities; Recreation areas; Roads;
Signage; Water supply systems
4Prohibited
Business premises; Hotel or motel accommodation;
Industries; Local distribution premises; Multi dwelling housing; Recreation
facilities (major); Residential flat buildings; Restricted premises; Retail
premises; Seniors housing; Service stations; Warehouse or distribution
centres; Any other development not specified in item 2 or
3
Part 4Principal development standards
4.1Minimum subdivision lot size
(1)
The objectives of this clause are as
follows—
(a)
to minimise the likely impact of subdivision on
the amenity of neighbouring properties,
(b)
to ensure that lot sizes and dimensions have
appropriate regard to the characteristics of the land, the rural environment,
the protection of biodiversity, significant geological and natural resources,
the heritage and the built form of Yass Valley,
(c)
to ensure that subdivision reflects and
reinforces the predominant subdivision patterns of neighbouring properties and
surrounds,
(d)
to maintain the character of Yass
Valley,
(e)
to ensure subdivision occurs in a planned and
sustainable way,
(f)
to ensure subdivision does not create
unreasonable or uneconomic demands for the provision or extension of
services,
(g)
to prevent the subdivision of land on the fringe
of urban areas into small lots that may negatively influence the layout of
future urban areas.
(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,
(b)
to ensure that lot sizes and subdivision patterns
for tourist and visitor accommodation provide protection for the rural and
environmental values of the area.
(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 RU5 Village,
(e)
Zone R2 Low Density
Residential,
(f)
Zone R5 Large Lot
Residential,
(g)
Zone C3 Environmental
Management,
(h)
Zone C4 Environmental
Living,
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.
(3A)
Despite subclause (3), development consent may be
granted for the subdivision of land to which this clause applies resulting in
lots that are less than the minimum size shown on the Lot Size
Map in relation to that land if the consent authority is
satisfied that—
(a)
the use of the land after subdivision will be for
the purpose of an eco-tourist facility permitted under an existing development
consent for the land, and
(b)
the development is complementary to the rural and
environmental attributes of the land and its surrounds,
and
(c)
there is or will be appropriate vehicular access
servicing the lots, and
(d)
if there is or will be a reticulated sewerage
scheme for the land being subdivided—all of the lots created will have
an area of at least 2,000 square metres, and
(e)
if on-site sewage management is proposed to
dispose of sewage on each individual lot—all of the lots created will
have an area of at least 4,000 square metres.
(4)
This clause applies despite clause
4.1.
cl 4.1AA: Am 2022
(857), Sch 1.12[3] [4].
4.1AMinimum subdivision lot size for strata plan schemes in
certain rural, residential and conservation 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 is proposed to be used, for residential accommodation
or tourist and visitor accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots,
(d)
Zone RU5 Village,
(e)
Zone R2 Low Density
Residential,
(f)
Zone R5 Large Lot
Residential,
(g)
Zone C3 Environmental
Management,
(h)
Zone C4 Environmental
Living.
(3)
The size of any lot resulting from a subdivision
of land to which this clause applies for a strata plan scheme (other than any
lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act
1973 or Strata Schemes (Leasehold
Development) Act 1986) is not to be less than the minimum
size shown on the Lot Size Map in relation to that
land.
Note—
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that strata subdivision
of a building in certain circumstances is specified complying
development.
cl 4.1A: Am 2022
(857), Sch 1.12[3]–[5].
4.1BSubdivision using average lot sizes
(1)
The objectives of this clause are to facilitate
alternative subdivision controls that—
(a)
maintain the rural character of the Yass Valley,
and
(b)
facilitate a subdivision design that takes into
consideration the environmental and agricultural values of the land and best
protects those values.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C4 Environmental
Living.
(3)
Despite clause 4.1, development consent may be
granted to subdivide land in Zone RU1 Primary Production or Zone RU2 Rural
Landscape if—
(a)
the average area of all the lots created will be
at least 40 hectares, and
(b)
none of the lots created will have an area of
less than 20 hectares, and
(c)
none of the lots created will have an area
greater than 70 hectares.
Note—
Under clause 4.1, a subdivision can create a lot
with an area greater than 70 hectares.
(4)
Despite clause 4.1AA, development consent may be
granted to subdivide land in Zone C4 Environmental Living, under the Community Land Development Act 1989,
if—
(a)
the average size of all the lots created will be
at least the minimum size shown on the Lot Size
Map in relation to that land, and
(b)
if there is a reticulated sewerage
scheme—each lot created will have an area of at least 2,000 square
metres, and
(c)
if on-site sewage management is proposed to
dispose effluent on each individual lot—each lot created will have an
area of at least 4,000 square metres, and
(d)
the subdivision can be serviced without placing
unreasonable financial burdens on the community, particularly in relation to
road upgrading, and
(e)
the lots proposed for residential purposes are
located to minimise impacts on the natural environment,
and
(f)
sufficient curtilage is provided around items of
European or Aboriginal heritage to provide for ongoing
protection.
cl 4.1B: Am 2016
(508), Sch 1 [1]; 2022 (857), Sch 1.12[4].
4.1CAdditional requirements for subdivision in certain rural
zones
(1)
The objectives of this clause are to enable
appropriate subdivision of land to which this clause applies having regard to
topographical constraints, agricultural productivity, biodiversity values and
environmental impact.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots.
(3)
Development consent must not be granted for the
subdivision of land to which this clause applies unless the consent authority
is satisfied that—
(a)
the pattern of lots created by the subdivision
and the location of any future buildings on the land are not likely to have a
detrimental impact on any riparian land, watercourses or biodiversity values,
or exacerbate existing erosion or salinity processes, and
(b)
the subdivision layout has regard to protecting
areas of remnant vegetation and will minimise the need for clearing vegetation
for any future buildings, accessways, fences and any associated asset
protection zones, and
(c)
the pattern of lots will not significantly
increase access to a watercourse for stock and domestic purposes,
and
(d)
the subdivision will not adversely affect the use
of the land and surrounding land for agriculture.
cl 4.1C: Ins 2016
(508), Sch 1 [2].
4.1DMinimum site areas for dual occupancies and multi dwelling
housing in Zones R1, R2, R3 and RU5
(1)
The objective of this clause is to achieve
planned residential density in certain zones.
(2)
Development consent must not be granted to
development for the purposes of a dual occupancy unless the site area per
dwelling is at least—
(a)
in the case of Zone R1 General
Residential—400 square metres, or
(b)
in the case of Zone R2 Low Density
Residential—2,000 square metres, or
(c)
in the case of Zone R3 Medium Density
Residential—150 square metres, or
(d)
in the case of Zone RU5 Village if the site is
connected to a reticulated sewerage system—750 square metres,
or
(e)
in the case of Zone RU5 Village if the site is
not connected to a reticulated sewerage system—2,000 square
metres.
(3)
Development consent must not be granted to
development for the purposes of multi dwelling housing unless the site area
per dwelling is at least—
(a)
in the case of Zone R1 General
Residential—400 square metres, or
(b)
in the case of Zone R3 Medium Density
Residential—150 square metres.
cl 4.1D: Ins 2020
(340), Sch 1[2].
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 all of
these zones.
(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).
4.2AExceptions to minimum lot sizes for certain rural
subdivisions
(1)
The objective of this clause is to enable the
subdivision of land in rural areas to create lots of an appropriate size to
meet the needs of current permissible uses other than for the purpose of
dwelling houses or dual occupancies.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone RU4 Primary Production Small
Lots.
(3)
Land to which this clause applies may, with
development consent, be subdivided to create a lot of a size that is less than
the minimum size shown on the Lot Size Map in relation to that land if
the consent authority is satisfied that the use of the land after the
subdivision will be the same use (other than a dwelling house or a dual
occupancy) permitted under an existing development consent for the
land.
(4)
Development consent must not be granted for the
subdivision of land to which this clause applies unless the consent authority
is satisfied that—
(a)
the subdivision will not adversely affect the use
of the surrounding land for agriculture, and
(b)
the subdivision is necessary for the ongoing
operation of the permissible use, and
(c)
the subdivision will not increase rural land use
conflict in the locality, and
(d)
the subdivision is appropriate having regard to
the natural and physical constraints affecting the
land.
4.2BErection of dwelling houses and dual occupancies 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 erection of dual occupancies in
rural and conservation zones,
(c)
to enable the replacement of lawfully erected
dwelling houses or dual occupancies 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 RU4 Primary Production Small
Lots,
(d)
Zone C3 Environmental
Management,
(e)
Zone C4 Environmental
Living.
(3)
Development consent must not be granted for the
erection of a dwelling house or a dual occupancy on land to which this clause
applies unless the land—
(a)
is a lot that is at least the minimum lot size
shown on the Lot Size Map in relation to that land,
or
(b)
is a lot created before this Plan commenced and
on which the erection of a dwelling house or a dual occupancy was permissible
immediately before that commencement, or
(c)
is 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 or a dual occupancy would have been
permissible if the plan of subdivision had been registered before that
commencement, or
(d)
is a lot resulting from a subdivision under
clause 4.1 or clause 4.1B, or
(e)
would have been a lot or a holding referred to in
paragraph (a), (b), (c) or (d) 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, or
(iii)
a consolidation with an adjoining public road or
public reserve or for another public purpose.
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)
Development consent must not be granted under
subclause (3) for the erection of a dwelling house unless—
(a)
no dwelling house has been erected on the land,
and
(b)
if a development application has been made for
development for the purpose of a dwelling house on the land—the
application has been refused or it was withdrawn before it was determined,
and
(c)
if development consent has been granted in
relation to such an application—the consent has been surrendered or it
has lapsed.
(5)
Development consent must not be granted under
subclause (3) for the erection of a dual occupancy unless—
(a)
no dual occupancy has been erected on the land,
and
(b)
if a development application has been made for
development for the purpose of a dual occupancy on the land—the
application has been refused or it was withdrawn before it was determined,
and
(c)
if development consent has been granted in
relation to such an application—the consent has been surrendered or it
has lapsed.
(6)
Development consent may be granted for the
erection of a dwelling house or a dual occupancy on land to which this clause
applies if there is a lawfully erected dwelling house or a dual occupancy on
the land and the dwelling house or the dual occupancy to be erected is
intended only to replace the existing dwelling house or dual
occupancy.
(7)
Despite subclauses (3) and (6), development
consent may be granted for the erection of a dwelling house to create a dual
occupancy on land to which this clause applies if there is a lawfully erected
dwelling house on the land.
cl 4.2B: Am 2016
(508), Sch 1 [3]; 2022 (857), Sch 1.12[3]–[5].
4.2CErection of rural workers’ dwellings on land in Zone
RU1 and Zone RU2
(1)
The objectives of this clause are—
(a)
to ensure adequate provision for existing
agricultural and rural industries that genuinely require accommodation for
permanent on-site employees, and
(b)
to prevent development for a rural worker’s
dwelling if the agricultural or rural industry does not have the capacity to
support the rural worker’s employment.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural
Landscape.
(3)
Development consent must not be granted for the
erection of a rural workers’ dwelling on land to which this clause
applies unless the consent authority is satisfied that—
(a)
there is a demonstrated economic capacity of the
agricultural or rural industry to support the on going employment of rural
workers, and
(b)
the development is necessary considering the
nature of the agricultural or rural industry land use lawfully occurring on
the land or as a result of the remote or isolated location of the land,
and
(c)
the development will not result in more than one
rural worker’s dwelling being erected on the land comprising the
agricultural or rural industry.
4.3Height of buildings
(1)
The objectives of this clause are as
follows—
(a)
to ensure that the heights of buildings are
consistent with the existing streetscape or character of the area in which the
buildings are to be located,
(b)
to nominate heights that will provide a
transition in built form between residential and recreation zones, Zone E1
Local Centre and Zone E3 Productivity Support,
(c)
to protect the character and significance of
heritage items and heritage conservation areas identified in this
Plan,
(d)
to encourage well designed, accessible and viable
retail and commercial development of a scale that is consistent with existing
retail and commercial development,
(e)
to minimise the loss of solar access and privacy
for neighbouring development.
(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.
cl 4.3: Am 2022
(857), Sch 1.12[6].
4.4Floor space ratio
(1)
The objectives of this clause are as
follows—
(a)
to ensure buildings are compatible with the bulk
and scale of the existing and future character of the
locality,
(b)
to encourage well designed, accessible and viable
retail and commercial floor space of a density that is consistent with
existing retail and commercial development.
(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.
Note—
When this Plan was made it did not include all of
these zones.
(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,
(ca)
clause 6.12.
cl 4.6: Am 2018 (76),
Sch 1 [1].