Land
Use Table
Note—
State environmental planning policies, including
the following, may be relevant to development on land to which this Plan
applies—
State Environmental
Planning Policy (Housing) 2021
State Environmental
Planning Policy (Transport and Infrastructure) 2021,
Chapter 2—relating to infrastructure facilities, including air
transport, correction, education, electricity generating works and solar
energy systems, health services, ports, railways, roads, waste management and
water supply systems
State Environmental
Planning Policy (Resources and Energy) 2021, Chapter
2
State Environmental
Planning Policy (Resilience and Hazards) 2021, Chapter
3
State Environmental
Planning Policy (Industry and Employment) 2021, Chapter
3
State Environmental
Planning Policy (Primary Production) 2021, Chapter
2
Land Use tbl: Am 2017
(493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 No 68, Sch 2.19; 2019
(137), Sch 6 [1]; 2019 (621), Sch 3; 2022 (314), Sch 1; 2022 (829), Sch
1.13[2]; 2023 (458), Sch 2.53.
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 minimise the environmental and visual impact
of development on the rural landscape.
•
To provide for recreational and tourist
development and activities of an appropriate type and scale that do not
detract from the economic resource, environmental or conservation value of the
land.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Extensive agriculture; Home occupations;
Roads
3Permitted with consent
Agritourism; Air transport facilities; Airstrips;
Animal boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Boat building and repair facilities; Boat launching ramps; Boat
sheds; Building identification signs; Business identification signs; Camping
grounds; Cellar door premises; Cemeteries; Charter and tourism boating
facilities; Community facilities; Crematoria; Dual occupancies; Dwelling
houses; Eco-tourist facilities; Educational establishments; Environmental
facilities; Environmental protection works; Extractive industries; Farm
buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight
transport facilities; Heavy industrial storage establishments; Helipads;
Highway service centres; Home-based child care; Home businesses; Home
industries; Industrial training facilities; Information and education
facilities; Intensive livestock agriculture; Intensive plant agriculture;
Jetties; Landscaping material supplies; Markets; Open cut mining; Plant
nurseries; Recreation areas; Recreation facilities (major); Recreation
facilities (outdoor); Roadside stalls; Rural industries; Rural supplies;
Secondary dwellings; Service stations; Transport depots; Truck depots;
Veterinary hospitals; 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.
•
To ensure that the type and intensity of
development is appropriate in relation to the rural capability and suitability
of the land, the preservation of the agricultural, mineral and extractive
production of the land, the rural environment (including scenic resources) and
the costs of providing services and amenities.
•
To facilitate tourism and recreational uses that
are compatible with the capability and suitability of the
land.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Extensive agriculture; Home occupations;
Roads
3Permitted with consent
Agricultural produce industries; Agritourism;
Animal boarding or training establishments; Aquaculture; Bed and breakfast
accommodation; Boat launching ramps; Boat sheds; Building identification
signs; Business identification signs; Camping grounds; Cemeteries; Community
facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities;
Environmental facilities; Environmental protection works; Farm buildings; Farm
stay accommodation; Flood mitigation works; Forestry; Helipads; Home-based
child care; Home businesses; Home industries; Information and education
facilities; Jetties; Markets; Plant nurseries; Recreation areas; Roadside
stalls; Secondary dwellings; 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
Roads; 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 Extractive industries; Open cut
mining
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 maintain and enhance the unique character of
each of the rural villages.
•
To encourage and promote opportunities for
population and local employment growth commensurate with available services
and infrastructure capacity.
•
To minimise the impact of non-residential uses
and ensure those uses are compatible with surrounding residential
development.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Home occupations; Roads
3Permitted with consent
Agricultural produce industries; Amusement
centres; Bed and breakfast accommodation; Boat building and repair facilities;
Boat launching ramps; Boat sheds; Building identification signs; Business
identification signs; Business premises; Camping grounds; Car parks; Caravan
parks; Cemeteries; Centre-based child care facilities; Community facilities;
Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities;
Entertainment facilities; Environmental facilities; Environmental protection
works; Flood mitigation works; Food and drink premises; Function centres;
Highway service centres; Home-based child care; Home businesses; Home
industries; Hotel or motel accommodation; Information and education
facilities; Jetties; Kiosks; Local distribution premises; Markets;
Neighbourhood shops; Office premises; Oyster aquaculture; Places of public
worship; Plant nurseries; Public administration buildings; Recreation areas;
Recreation facilities (indoor); Recreation facilities (outdoor); Registered
clubs; Respite day care centres; Roadside stalls; Rural supplies; Schools;
Secondary dwellings; Service stations; Serviced apartments; Sewage treatment
plants; Shops; Tank-based aquaculture; Vehicle body repair workshops; Vehicle
repair stations; Vehicle sales or hire premises; Veterinary hospitals;
Warehouse or distribution centres; Water recreation structures; Water
recycling facilities; Water supply systems; Wholesale
supplies
4Prohibited
Any other development not specified in item 2 or
3
Zone R1General Residential
1Objectives of zone
•
To provide for the housing needs of the
community.
•
To provide for a variety of housing types and
densities.
•
To enable other land uses that provide facilities
or services to meet the day to day needs of residents.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Home occupations; Roads
3Permitted with consent
Attached dwellings; Backpackers’
accommodation; Bed and breakfast accommodation; Boarding houses; Building
identification signs; Business identification signs; Caravan parks;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Emergency services facilities; Environmental protection
works; Exhibition homes; Exhibition villages; Flood mitigation works; Group
homes; Home-based child care; Home businesses; Hostels; Hotel or motel
accommodation; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster
aquaculture; Places of public worship; Pond-based aquaculture; Recreation
areas; Residential flat buildings; Respite day care centres; Semi-detached
dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based
aquaculture; Water recycling facilities; 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 maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Home occupations; Roads
3Permitted with consent
Attached dwellings; Bed and breakfast
accommodation; Building identification signs; Business identification signs;
Caravan parks; Centre-based child care facilities; Community facilities; Dual
occupancies; Dwelling houses; Emergency services facilities; Environmental
protection works; Exhibition homes; Exhibition villages; Flood mitigation
works; Group homes; Health services facilities; Home-based child care; Home
businesses; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster
aquaculture; Pond-based aquaculture; Recreation areas; Respite day care
centres; Seniors housing; Shop top housing; Tank-based aquaculture; Water
recycling facilities; Water supply systems
4Prohibited
Any 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 limit development to areas in reasonable
proximity to the settled town centres of Lithgow, Wallerawang and Portland to
strengthen settlement hierarchy.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Home occupations; Roads
3Permitted with consent
Bed and breakfast accommodation; Building
identification signs; Business identification signs; Caravan parks;
Centre-based child care facilities; Community facilities; Dual occupancies;
Dwelling houses; Emergency services facilities; Environmental facilities;
Environmental protection works; Extensive agriculture; Flood mitigation works;
Home-based child care; Home businesses; Home industries; Intensive plant
agriculture; Kiosks; Markets; Oyster aquaculture; Places of public worship;
Pond-based aquaculture; Recreation areas; Respite day care centres; Sewage
treatment plants; Tank-based aquaculture; Water recycling facilities; Water
supply systems
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.
•
To maintain the built integrity of the area by
enabling development that is sympathetic to the heritage character and
significance of the area and surrounding streetscapes and
features.
•
To maintain or improve the water quality of
receiving water catchments.
•
To ensure development within the area is of a
scale consistent with the needs of the local community and will not detract
from the role of the Lithgow core business area as the primary
centre.
2Permitted without consent
Roads
3Permitted with consent
Amusement centres; 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); Residential
flat buildings; 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; Biosolids treatment facilities;
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 buildings; Forestry; Freight transport
facilities; Heavy industrial storage establishments; Helipads; Highway service
centres; Industrial retail outlets; Industrial training facilities;
Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut
mining; Recreation facilities (major); Recreation facilities (outdoor);
Research stations; Residential accommodation; Resource recovery facilities;
Rural industries; Sewage treatment plants; Storage premises; Tourist and
visitor accommodation; Transport depots; Truck depots; Vehicle body repair
workshops; Vehicle repair stations; Warehouse or distribution centres; Waste
disposal facilities; Water recreation structures; Water storage facilities;
Water treatment facilities; 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.
•
To maintain or improve the water quality of
receiving water catchments.
•
To promote the retention and reuse of heritage
items and the retention of established buildings that contribute positively to
heritage and cultural values.
•
To promote development that is compatible with
the surrounding land use and that does not detract from the role of the
Lithgow core business areas.
2Permitted without consent
Roads
3Permitted with consent
Animal boarding or training establishments;
Backpackers’ accommodation; Boat building and repair facilities;
Business premises; Car parks; Centre-based child care facilities; Community
facilities; Depots; Environmental protection works; Flood mitigation works;
Function centres; Garden centres; Hardware and building supplies; Highway
service centres; 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; Serviced
apartments; Sewage treatment plants; Signage; 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; Water recycling facilities; Water reticulation systems; Water
treatment facilities; Wholesale supplies
4Prohibited
Any development not specified in item 2 or
3
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 maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Roads
3Permitted with consent
Boat building and repair facilities; Car parks;
Community facilities; Crematoria; Depots; Environmental protection works;
Flood mitigation works; Freight transport facilities; Funeral homes; Garden
centres; General industries; Goods repair and reuse premises; Hardware and
building supplies; Helipads; Highway service centres; Industrial retail
outlets; Industrial training facilities; Landscaping material supplies; Light
industries; Local distribution premises; Mortuaries; Neighbourhood shops;
Oyster aquaculture; Passenger transport facilities; Places of public worship;
Plant nurseries; Recreation areas; Recreation facilities (indoor); Research
stations; Rural industries; Rural supplies; Service stations; Sex services
premises; Signage; Storage premises; Take away food and drink premises;
Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle
body repair workshops; Vehicle repair stations; Vehicle sales or hire
premises; Veterinary hospitals; Warehouse or distribution centres; Water
recycling facilities; Water supply systems; Wholesale
supplies
4Prohibited
Any development not specified in item 2 or
3
Zone E5Heavy Industrial
1Objectives of zone
•
To provide areas for industries that need to be
separated from other 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 maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Roads
3Permitted with consent
Car parks; Data centres; Depots; Environmental
protection works; Flood mitigation works; Freight transport facilities;
General industries; Hardware and building supplies; Hazardous storage
establishments; Heavy industrial storage establishments; Heavy industries;
Helipads; Industrial training facilities; Kiosks; Landscaping material
supplies; Offensive storage establishments; Oyster aquaculture; Research
stations; Rural supplies; Signage; Take away food and drink premises;
Tank-based aquaculture; Transport depots; Truck depots; Warehouse or
distribution centres; Water reticulation systems; Water storage
facilities
4Prohibited
Any development not specified in item 2 or
4
Zone MU1Mixed Use
1Objectives of zone
•
To encourage a diversity of business, retail,
office and light industrial land uses that generate employment
opportunities.
•
To ensure that new development provides diverse
and active street frontages to attract pedestrian traffic and to contribute to
vibrant, diverse and functional streets and public spaces.
•
To minimise conflict between land uses within
this zone and land uses within adjoining zones.
•
To encourage business, retail, community and
other non-residential land uses on the ground floor of
buildings.
•
To promote development that does not detract from
the role of the town centre core commercial precincts.
•
To promote the retention and reuse of heritage
items and the retention of established buildings that contribute positively to
the heritage and cultural values of the area.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Roads
3Permitted with consent
Amusement centres; Boarding houses; Car parks;
Centre-based child care facilities; Commercial premises; Community facilities;
Entertainment facilities; Function centres; Information and education
facilities; Light industries; Local distribution premises; Medical centres;
Oyster aquaculture; Passenger transport facilities; Places of public worship;
Recreation areas; Recreation facilities (indoor); Registered clubs; Respite
day care centres; Restricted premises; Shop top housing; Tank-based
aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any
other development not specified in item 2 or 4
4Prohibited
Advertising structures; Agriculture; Air
transport facilities; Airstrips; Animal boarding or training establishments;
Biosolids treatment facilities; Boat building and repair facilities; Boat
launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries;
Charter and tourism boating facilities; Crematoria; Depots; Dual occupancies;
Dwelling houses; Eco-tourist facilities; Electricity generating works;
Environmental facilities; Exhibition homes; Exhibition villages; Extractive
industries; Farm buildings; Forestry; Freight transport facilities; General
industries; Heavy industrial storage establishments; Heavy industries;
Helipads; Highway service centres; Hostels; Industrial retail outlets;
Industrial training facilities; Jetties; Marinas; Mooring pens; Moorings;
Multi dwelling housing; Open cut mining; Recreation facilities (major);
Recreation facilities (outdoor); Resource recovery facilities; Rural
industries; Rural workers’ dwellings; Secondary dwellings; Sewage
treatment plants; Storage premises; Transport depots; Truck depots; Vehicle
body repair workshops; Waste disposal facilities; Water recreation structures;
Water storage facilities; Water treatment facilities; 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.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Nil
3Permitted with consent
Aquaculture; Recreation areas; 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 maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Roads
3Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds;
Building identification signs; Business identification signs; Camping grounds;
Car parks; Caravan parks; Charter and tourism boating facilities; Community
facilities; Environmental facilities; Environmental protection works; Flood
mitigation works; Information and education facilities; Jetties; Kiosks;
Markets; Mooring pens; Recreation areas; Recreation facilities (indoor);
Recreation facilities (major); Recreation facilities (outdoor); Restaurants or
cafes; 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.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Roads
3Permitted with consent
Aquaculture; Backpackers’ accommodation;
Boat launching ramps; Boat sheds; Building identification signs; Business
identification signs; Camping grounds; Car parks; Caravan parks; Charter and
tourism boating facilities; Community facilities; Eco-tourist facilities;
Entertainment facilities; Environmental facilities; Environmental protection
works; Flood mitigation works; Function centres; Hotel or motel accommodation;
Information and education facilities; Jetties; Kiosks; Markets; Mooring pens;
Recreation areas; Recreation facilities (indoor); Recreation facilities
(major); Recreation facilities (outdoor); Registered clubs; Restaurants or
cafes; Seniors housing; Serviced apartments; 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 C3Environmental Management
1Objectives of zone
•
To protect, manage and restore areas with special
ecological, scientific, cultural or aesthetic values.
•
To provide for a limited range of development
that does not have an adverse effect on those values.
•
To facilitate the management of environmentally
sensitive lands and riparian areas.
•
To protect and conserve the vegetation and
escarpment landscape surrounding Lithgow.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Extensive agriculture; Home
occupations
3Permitted with consent
Building identification signs; Business
identification signs; Community facilities; Dual occupancies; Dwelling houses;
Eco-tourist facilities; Emergency services facilities; Environmental
facilities; Environmental protection works; Farm buildings; Flood mitigation
works; Information and education facilities; Oyster aquaculture; Pond-based
aquaculture; Recreation areas; Research stations; Roads; Secondary dwellings;
Tank-based aquaculture; Water recycling facilities; Water supply
systems
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 maintain the rural character of the land in
the zone while preserving the land for future urban
growth.
•
To ensure that development does not create
unreasonable and uneconomic demands for the provision or extension of public
infrastructure, amenities and services.
•
To maintain or improve the water quality of
receiving water catchments.
2Permitted without consent
Extensive agriculture; Home occupations;
Roads
3Permitted with consent
Bed and breakfast accommodation; Building
identification signs; Business identification signs; Community facilities;
Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services
facilities; Environmental facilities; Environmental protection works; Farm
buildings; Farm stay accommodation; Flood mitigation works; Home-based child
care; Home businesses; Home industries; Oyster aquaculture; Pond-based
aquaculture; Recreation areas; Research stations; Secondary dwellings;
Tank-based aquaculture; Water recycling facilities; Water supply
systems
4Prohibited
Industries; Local distribution premises; 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 cost to the community
of—
(i)
fragmented and isolated development of rural
land, and
(ii)
providing, extending and maintaining public
amenities and services,
(b)
to ensure that the character and landscape
setting of an area is protected and enhanced by any
development,
(c)
to promote development on appropriately sized
lots and to ensure access to available essential
services.
(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.
(4A)
Despite any other provision of this clause, land
identified as “Area 1” or “Area 2” on the Lot Size
Map may not be further subdivided.
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,
(d)
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.
(4)
This clause applies despite clause
4.1.
cl 4.1AA: Am 2022
(829), Sch 1.13[3].
4.1AMinimum lot sizes for dual occupancies, multi dwelling
housing and residential flat buildings
(1)
The objective of this clause is to achieve
planned residential density in certain zones.
(2)
Development consent may be granted to development
on a lot in a zone shown in Column 2 of the table to this clause for a purpose
shown in Column 1 of the table opposite that zone, if the area of the lot is
equal to or greater than the area specified for that purpose and shown in
Column 3 of the table.
Column
1
Column
2
Column
3
Dual
occupancy
Zone RU5
Village
6,000 square
metres
Dual occupancy
(attached)
Zone R1 General
Residential
(a)
400 square metres (in areas with a minimum lot
size of 300 square metres on the Lot Size
Map)
(b)
500 square metres (in areas with a minimum lot
size of 400 square metres on the Lot Size
Map)
(c)
700 square metres (in areas with a minimum lot
size of 600 square metres on the Lot Size
Map)
Dual occupancy
(attached)
Zone R2 Low
Density Residential
1,000 square
metres
Dual occupancy
(detached)
Zone R2 Low
Density Residential
1,000 square
metres
Dual occupancy
(detached)
Zone R1 General
Residential
(a)
500 square metres (in areas with a minimum lot
size of 300 square metres on the Lot Size
Map)
(b)
600 square metres (in areas with a minimum lot
size of 400 square metres on the Lot Size
Map)
(c)
800 square metres (in areas with a minimum lot
size of 600 square metres on the Lot Size
Map)
Multi dwelling
housing
Zone R1 General
Residential
(a)
600 square metres (in areas with a minimum lot
size of 300 square metres on the Lot Size
Map)
(b)
800 square metres (in any other
case)
Multi dwelling
housing
Zone R2 Low
Density Residential
1,200 square
metres
Residential flat
building
Zone R1 General
Residential
(a)
600 square metres (in areas with a minimum lot
size of 300 square metres on the Lot Size
Map)
(b)
800 square metres (in any other
case)
4.1BMinimum subdivision lot size 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, 4.1AA or
4.2C,
(b)
to ensure that the subdivision occurs in a manner
that promotes sustainable land uses and
development.
(2)
This clause applies to any lot (an original lot) that
contains—
(a)
land in Zone RU5 Village or in a residential
mixed use or employment zone, and
(b)
land in a rural zone or conservation
zone.
(3)
Development consent may be granted to the
subdivision of an original lot to create other lots if—
(a)
one of the resulting lots will
contain—
(i)
all of the land of the original lot that is in a
rural zone or conservation zone, and
(ii)
land in Zone RU5 Village, or in a residential
mixed use or employment zone, that has an area 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 have an
area that is not less than the minimum size shown on the Lot Size
Map in relation to that land.
(4)
Development consent may be granted to the
subdivision of an original lot to create another lot that—
(a)
contains land in a conservation zone,
and
(b)
is less than the minimum size shown on the
Lot Size
Map in relation to that land,
but only if the consent authority is satisfied that the
resulting lot will be used for a public purpose.
(5)
Subclauses (3) and (4) have effect despite
clauses 4.1, 4.1AA and 4.2C.
(6)
Land identified as “Area 1” or
“Area 2” on the Lot Size Map may not be subdivided under
this clause.
(7)
Development consent may only be granted under
this clause if the consent authority is satisfied that the
subdivision—
(a)
is not likely to have a significant adverse
impact on the environmental values of the land, and
(b)
will not compromise the continued protection or
long-term maintenance of any land in a conservation zone,
and
(c)
is not likely to have a significant adverse
impact on the primary production value of land in a rural
zone.
(8)
In this clause, rural zone means Zone RU1
Primary Production, Zone RU2 Rural Landscape or Zone RU3
Forestry.
cl 4.1B: Ins 2017
(573), Sch 1. Am 2022 (829), Sch 1.13[4]–[6].
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).
4.2AErection of dwelling houses, dual occupancies and
secondary dwellings 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, dual occupancies and secondary dwellings in certain 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,
(d)
Zone C4 Environmental
Living.
(3)
Development consent must not be granted for the
erection of a dwelling house, a dual occupancy or a secondary dwelling 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 under an environmental planning
instrument before this Plan commenced and on which the erection of a dwelling
house, dual occupancy or secondary dwelling 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, dual occupancy or secondary
dwelling would have been permissible if the plan of subdivision had been
registered before that commencement, or
(d)
is an existing holding, 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) unless—
(a)
no dwelling house, dual occupancy or secondary
dwelling has been erected on the land, and
(b)
if a development application has been made for
development for the purpose of a dwelling house, a dual occupancy or a
secondary dwelling 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 may be granted for the
erection of a dwelling house, a dual occupancy or a secondary dwelling on land
to which this clause applies if there is a lawfully erected dwelling house,
dual occupancy or secondary dwelling on the land and the dwelling house, dual
occupancy or secondary dwelling to be erected is intended only to replace the
existing dwelling house, dual occupancy or secondary
dwelling.
(6)
Despite any other provision of this clause,
development consent must not be granted for the erection of a dwelling house,
a dual occupancy or a secondary dwelling on any lot that is not sewered and
has a lot size that is less than 4,000 square metres.
(7)
In this clause—
existing holding
means land that—
(a)
was a holding on the relevant date,
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 the relevant date, and includes any other land adjoining
that land acquired by the owner since the relevant date, but does not include
land identified as “Evans” on the Former Boundaries
Map.
holding means all adjoining
land, even if separated by a road or railway, held by the same person or
persons.
relevant date
means—
(a)
for land identified as “Lithgow” on
the Former
Boundaries Map—2 December 1994,
or
(b)
for land identified as “Rylstone” on
the Former
Boundaries Map—31 July 1970, or
(b)
for any other land—the date of lodgment of
the development application for the erection of a dwelling house, dual
occupancy or secondary dwelling.
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
(829), Sch 1.13[3] [7].
4.2BErection of dwelling houses, dual occupancies and
secondary dwellings in Zone RU5 and Zone R5
(1)
The objectives of this clause are as
follows—
(a)
to ensure that development is undertaken on
appropriately sized lots that have access to available essential
services,
(b)
to manage development density affected by
subdivision patterns approved under the planning instrument in force
immediately before the commencement of this Plan.
(2)
This clause applies to land in the following
zones—
(a)
Zone RU5 Village,
(b)
Zone R5 Large Lot
Residential.
(3)
Development consent must not be granted for the
erection of a dwelling house, dual occupancy or secondary dwelling on land to
which this clause applies, and on which no dwelling house, a dual occupancy or
a secondary dwelling has been erected, unless the lot—
(a)
is not smaller than the minimum size shown on the
Lot Size Map in relation to that land, or
(b)
was created by a subdivision for which
development consent was granted under an environmental planning instrument,
and on which the erection of a dwelling house, dual occupancy or secondary
dwelling would have been permissible, immediately before the commencement of
this Plan, or
(c)
resulted from a subdivision for which development
consent was granted under an environmental planning instrument, and on which
the erection of a dwelling house, dual occupancy or secondary dwelling would
have been permissible, if the plan of subdivision had been registered before
the commencement of this Plan.
4.2CMinimum subdivision lot size for strata plan schemes in
certain rural 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 dwellings, bed and
breakfast accommodation or farm stay accommodation—
(a)
Zone RU1 Primary Production,
(b)
Zone RU2 Rural Landscape,
(c)
Zone C3 Environmental
Management,
(d)
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 4.2C: Am 2022
(829), Sch 1.13[3] [7].
4.3Height of buildings
[Not adopted]
4.4Floor space ratio
[Not adopted]
4.5Calculation of floor space ratio and site
area
[Not applicable]
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 4.2A (6), 6.1 or
6.2.
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.
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
(1)
The objective of this clause is to provide
flexibility where the investigation of a site and its surroundings reveals
that a use allowed on the other side of a zone boundary would enable a more
logical and appropriate development of the site and be compatible with the
planning objectives and land uses for the adjoining
zone.
(2)
This clause applies to so much of any land that
is within the relevant distance of a boundary between any 2 zones. The
relevant distance is 50 metres.
(3)
This clause does not apply to—
(a)
land in Zone RE1 Public Recreation, Zone C1
National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone
C3 Environmental Management or Zone W1 Natural Waterways,
or
(aa)
land in Zone RU2 Rural Landscape, Zone RU3
Forestry, Zone R1 General Residential, Zone R2 Low Density Residential, Zone
R5 Large Lot Residential, Zone E1 Local Centre, Zone E3 Productivity Support,
Zone MU1 Mixed Use or Zone C4 Environmental Living, or
(b)
land within the coastal zone,
or
(c)
land proposed to be developed for the purpose of
sex services or restricted premises.
Note—
When this Plan was made it did not include all of
these zones.
(4)
Despite the provisions of this Plan relating to
the purposes for which development may be carried out, development consent may
be granted to development of land to which this clause applies for any purpose
that may be carried out in the adjoining zone, but only if the consent
authority is satisfied that—
(a)
the development is not inconsistent with the
objectives for development in both zones, and
(b)
the carrying out of the development is desirable
due to compatible land use planning, infrastructure capacity and other
planning principles relating to the efficient and timely development of
land.
(5)
This clause does not prescribe a development
standard that may be varied under this Plan.
cl 5.3: Am 2022
(829), Sch 1.13[8].
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 4 bedrooms.
Note—
Any such development that provides for a certain
number of guests or rooms may involve a change in the class of building under
the Building Code of
Australia.
(2)Home businesses
If development for the purposes of a home
business is permitted under this Plan, the carrying on of the business must
not involve the use of more than 30 square metres of floor
area.
(3)Home industries
If development for the purposes of a home
industry is permitted under this Plan, the carrying on of the home industry
must not involve the use of more than 50 square metres of floor
area.
(4)Industrial retail outlets
If development for the purposes of an industrial
retail outlet is permitted under this Plan, the retail floor area must not
exceed—
(a)
25% of the gross floor area of the industry or
rural industry located on the same land as the retail outlet,
or
(b)
400 square metres,
whichever is the lesser.
(5)Farm stay accommodation
If development for the purposes of farm stay
accommodation is permitted under this Plan, the accommodation that is provided
to guests must consist of no more than 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 40 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 120 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 25
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)
30% 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)
25% of the gross floor area of the industry,
or
(b)
400 square metres,
whichever is the lesser.
cl 5.4: Am 2018
(406), Sch 1.84 [1] [2].
5.5Controls relating to secondary dwellings on land in a rural
zone
[Not adopted]
5.6Architectural roof features
[Not adopted]
5.7Development below mean high water
mark
[Not applicable]
5.8Conversion of fire alarms
(1)
This clause applies to a fire alarm system that
can be monitored by Fire and Rescue NSW or by a private service
provider.
(2)
The following development may be carried out, but
only with development consent—
(a)
converting a fire alarm system from connection
with the alarm monitoring system of Fire and Rescue NSW to connection with the
alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with the alarm monitoring system of another private service
provider,
(c)
converting a fire alarm system from connection
with the alarm monitoring system of a private service provider to connection
with a different alarm monitoring system of the same private service
provider.
(3)
Development to which subclause (2) applies is
complying development if it consists only of—
(a)
internal alterations to a building,
or
(b)
internal alterations to a building together with
the mounting of an antenna, and any support structure, on an external wall or
roof of a building so as to occupy a space of not more than 450mm × 100mm
× 100mm.
(4)
A complying development certificate for any such
complying development is subject to a condition that any building work may
only be carried out between 7.00 am and 6.00 pm on Monday to Friday and
between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a
Sunday or a public holiday.
(5)
In this clause—
private service
provider means a person or body that has entered into an
agreement that is in force with Fire and Rescue NSW to monitor fire alarm
systems.
5.9Dwelling house or secondary dwelling affected by natural
disaster
(1)
The objective of this clause is to enable the
repair or replacement of lawfully erected dwelling houses and secondary
dwellings that have been damaged or destroyed by a natural
disaster.
(2)
This clause applies to land in the following
zones—
(a)
RU1 Primary Production,
(b)
RU2 Rural Landscape,
(c)
RU5 Village,
(d)
R1 General Residential,
(e)
R2 Low Density Residential,
(f)
R5 Large Lot Residential,
(g)
C3 Environmental Management,
(h)
C4 Environmental
Living.
(3)
Despite the other provisions of this Plan,
development consent may be granted to development on land to which this clause
applies to enable a dwelling house or secondary dwelling that has been damaged
or destroyed by a natural disaster to be repaired or replaced if—
(a)
the dwelling house or secondary dwelling was
lawfully erected, and
(b)
the development application seeking the
development consent is made to the consent authority no later than 5 years
after the day on which the natural disaster caused the damage or
destruction.
cl 5.9: Ins 2021
(302), Sch 1.18. Am 2022 (829), Sch 1.13[3].
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
Lithgow,
(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.
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].