Port Stephens Local Environmental Plan 2000

Part 1 General provisions

1 Name of plan

The name of this plan is Port Stephens Local Environmental Plan 2000.

2 Aims, objectives etc

(1)  This plan aims to:

(a)  provide for appropriate planning and environmental control over the use and development of land within the area of Port Stephens, in order to uphold and promote the objectives of the Environmental Planning and Assessment Act 1979, and

(b)  provide an updated and simplified plan for the area of Port Stephens, and

(c)  achieve the objectives of each zone referred to in clause 10, and

(d)  promote community involvement and participation in environmental planning and development assessment, and

(e)  ensure that existing and future residents enjoy a range of attractive living environments, have safe and secure communities and have access to a wide range of services and amenities, and

(f)  allow flexibility in the planning framework so as to encourage orderly, economic and equitable development while safeguarding the community’s interests, and

(g)  ensure that development has regard to the principles of ecologically sustainable development.

(2)  For the purposes of subsection (1) (g), ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. The principles of ecologically sustainable development are as follows:

(a)  the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation,

(b)  inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,

(c)  conservation of biological diversity and ecological integrity,

(d)  improved valuation and pricing of environmental resources.

3 Principles of plan

The principles that the consent authority will follow to achieve the aims and objectives of this plan are the following:

(a)  recognition of the responsibilities of this generation to future generations in relation to environmental quality and resource usage, which require respect for the limits of natural and physical resources,

(b)  involvement of the community in the planning process by ensuring openness, accountability and transparency in the decision-making process,

(c)  a consistent and proper regard for all the provisions of the plan (in particular, when considering development applications),

(d)  application of the provisions of the plan so that the objectives of each zone can be achieved in practice, and to provide certainty for applicants for development consents, investors, residents and the public,

(e)  the making of provisions in development control plans and the imposition of conditions on development consents so as to further the aims and objectives of this plan, including provisions limiting the range of uses or scale of development on the land to which it applies.

4 Land to which plan applies

This plan applies to the whole of the land within the Port Stephens local government area shown on the map and with boundaries as indicated on the map.

5 Relationship to other environmental planning instruments

This plan repeals Port Stephens Local Environmental Plan 1987.

6 Definitions

(1)  The terms used in this plan which are defined in the dictionary at the end of this plan have the meanings set out in the dictionary.

(2)  Except as otherwise provided by this plan, a reference in this plan to a map is a reference to a map kept in the office of the Council.

7 Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

8 Relationship of this plan to other agreements, covenants and instruments

(1)  If any agreement, covenant or instrument prohibits a use permitted by this plan, then it shall not apply to that use (to the extent necessary to permit that use).

(2)  Nothing in subclause (1) affects the rights or interests under any registered instrument in favour of the Council or any other public authority.

(3)  Before this plan was made, the Governor approved of subclauses (1) and (2) under section 28 of the Act.

Part 2 General restrictions on development of land

Division 1 General

9 Zones indicated on the map

Land is within a zone for the purposes of this plan if it is shown on the map as being within the zone.

10 Zone objectives and development control table

(1)  Each zone is described in the following development control tables, indicating the zone objectives, what development is permissible (with or without consent), and what development is prohibited.

(2)  The consent authority must not grant consent for development of land to which this plan applies unless it is satisfied that the proposed development is consistent with the objectives of the zone in which it is intended to be carried out.

(3)  The consent authority may decline to grant consent for development until after it has considered an environmental management plan, if the proposed development is likely to result in increased stormwater run-off, erosion or sedimentation or other significant pollution within the Williams River catchment.

(4)  Except as otherwise provided by this plan, the consent authority must not grant consent to the carrying out of development on land within the Williams River catchment unless the consent authority is of the opinion that the carrying out of the development will not have a significant adverse effect on water quality in the Williams River.

(5)  The consent authority, when determining a development application for a site area consisting of land in the Williams River catchment, must consider:

(a)  the aims and objectives of Williams River Catchment Regional Environmental Plan 1997, as set out in clause 3 of that plan, and

(b)  the Williams River Catchment Regional Planning Strategy.

(6)  In this clause:

environmental management plan means a plan addressing potential environmental aspects of proposed development (to the extent relevant, in the opinion of the consent authority, to the particular proposal), including management of potential vegetation, erosion and sedimentation impacts and assessment of land and water capability (adopting a total water cycle management approach to water use and wastewater management).

Williams River Catchment Regional Planning Strategy means the Regional Planning Strategy of the Department of Urban Affairs and Planning for the Williams River catchment (kept in the Newcastle office of the Department of Urban Affairs and Planning, and copies of which are kept in the offices of Dungog Shire Council and Port Stephens Council).

Division 2 Rural zones

11 Rural zonings

The following rural zones apply as shown on the map:

Zone No 1 (a) (Rural Agriculture “A” Zone)—lettered 1 (a) on the map.

Zone No 1 (c1) (Rural Small Holdings “C1” Zone)—lettered 1 (c1) on the map.

Zone No 1 (c2) (Rural Small Holdings “C2” Zone)—lettered 1 (c2) on the map.

Zone No 1 (c3) (Rural Small Holdings “C3” Zone)—lettered 1 (c3) on the map.

Zone No 1 (c4) (Rural Small Holdings “C4” Zone)—lettered 1 (c4) on the map.

Zone No 1 (c5) (Rural Small Holdings “C5” Zone)—lettered 1 (c5) on the map.

Development control table

Zone No 1 (a)—Rural Agriculture “A” Zone

(1) Description of the zone

The Rural Agriculture “A” Zone identifies land which is of agricultural value and land which has not been set aside for rural residential development.

(2) Objectives of the zone

The objective of the Rural Agriculture “A” Zone is to maintain the rural character of the area and to promote the efficient and sustainable utilisation of rural land and resources by:

(a)  regulating the development of rural land for purposes other than agriculture by ensuring that development is compatible with rural land uses and does not adversely affect the environment or the amenity of the locality, and

(b)  ensuring development will not have a detrimental effect on established agricultural operations or rural activities in the locality, and

(c)  preventing the fragmentation of grazing or prime agricultural lands, protecting the agricultural potential of rural land not identified for alternative land use, and minimising the cost to the community of:

(i)  fragmented and isolated development of rural land, and

(ii)  providing, extending and maintaining public amenities and services, and

(d)  protecting or conserving (or both protecting and conserving):

(i)  soil stability by controlling development in accordance with land capability, and

(ii)  trees and other vegetation in environmentally sensitive localities where the conservation of the vegetation is likely to reduce land degradation or biodiversity, and

(iii)  water resources, water quality and wetland areas, and their catchments and buffer areas, and

(iv)  land affected by acid sulphate soils by controlling development of that land likely to affect drainage or lower the water table or cause soil disturbance, and

(v)  valuable deposits of minerals and extractive materials by restricting development that would compromise the efficient extraction of those deposits, and

(e)  reducing the incidence of loss of life and damage to property and the environment in localities subject to flooding and to enable uses and developments consistent with floodplain management practices.

(3) Development allowed without development consent

Development for the purpose of:

•  agriculture,

•  flood mitigation works authorised by the Hunter Valley Flood Mitigation Act 1956.

Exempt development.

(4) Development allowed only with development consent

Subdivision permitted by clause 12.

Any other development not included in Item 3 or 5.

(5) Development which is prohibited

Development for the purpose of:

•  boarding-houses,

•  brothels,

•  bulky goods salesrooms or showrooms,

•  bus stations,

•  commercial premises,

•  depots,

•  hazardous industries,

•  hazardous storage establishments,

•  industries,

•  liquid fuel depots,

•  material recycling facilities,

•  medical centres,

•  mortuaries,

•  motor showrooms,

•  offensive industries,

•  offensive storage establishments,

•  places of assembly,

•  restricted premises,

•  road transport terminals,

•  service stations,

•  shops,

•  urban housing,

•  warehouses.

Subdivision other than subdivision permitted by clause 12.

Zones Nos 1 (c1), 1 (c2), 1 (c3), 1 (c4), 1 (c5)—Rural Small Holdings

(1) Description of the zones

The Rural Small Holdings Zones comprise land identified as being suitable for rural residential development and that is in proximity to a service centre.

(2) Objectives of the zones

The objectives of the Rural Small Holdings Zones are:

(a)  to identify land suitable for low density residential development with a rural character, and

(b)  to permit certain non-residential land uses which will not adversely affect residential amenity or rural character, and

(c)  to control the intensity of rural residential development having regard to the physical limitations of the land and the costs and limitations of the provision of public amenities and services.

(3) Development allowed without development consent

Development for the purpose of:

•  agriculture.

Exempt development.

(4) Development allowed only with development consent

Development for the purpose of:

•  advertisements,

•  animal establishments,

•  aquaculture,

•  bed and breakfast establishments,

•  bushfire hazard reduction,

•  child care centres,

•  clearing,

•  community facilities,

•  dams,

•  dual occupancy housing,

•  dwelling-houses,

•  earthworks,

•  educational establishments,

•  exhibition homes,

•  health consulting rooms,

•  home employment,

•  intensive agriculture,

•  places of public worship,

•  recreation areas,

•  roadside stalls,

•  rural industries,

•  telecommunications facilities,

•  utility installations,

•  veterinary hospitals.

Subdivision permitted by clause 12.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

cl 11, table: Am 31.8.2001; 15.8.2003; 5.9.2003.

12 Subdivision within rural zones generally

(1)  A person must not subdivide land within any rural zone except:

(a)  for any of the following purposes:

(i)  the opening or widening of a public road,

(ii)  to change allotment boundaries in any way, but not so as to create additional allotments,

(iii)  consolidation of allotments,

(iv)  rectification of any encroachment on any existing allotments,

(v)  the creation of allotments corresponding to the parts into which a single allotment is divided by a public road, or

(b)  for the purpose of the creation of an allotment or allotments intended to be used for any one or more of the purposes (excluding dwelling-houses or dual occupancy housing) for which it may be used with or without the consent of the consent authority, or

(c)  in the case of land within a Rural Small Holdings zone—as permitted by clause 13.

(2)  Subdivision of land for a purpose specified in subclause (1) (a) does not have the effect of precluding development of the land for any purpose for which it might have been developed immediately prior to the subdivision (except in so far as the land has been taken for a road as referred to in subclause (1) (a)).

cl 12: Am 7.6.2002.

13 Minimum allotment sizes for the subdivision of rural land within rural small holding zones

(1)  The consent authority may grant consent to the subdivision of land in a rural small holdings zone only where the allotments to be created will have the following minimum areas:

(a)  on land zoned 1 (c1)—20 hectares

(b)  on land zoned 1 (c2)—2 hectares

(c)  on land zoned 1 (c3)—1 hectare

(d)  on land zoned 1 (c4)—5,000 square metres

(e)  on land zoned 1 (c5)—2,000 square metres

(2)  The consent authority shall not grant consent to a subdivision referred to in subclause (1) unless it is satisfied that:

(a)  each allotment to be created will include land suitable for the erection of a dwelling-house, and

(b)  each of the allotments to be created has adequate site area and site access facilities which are not subject to the 1% Annual Excedence Probability flood, and

(c)  the subdivision will not result in the pollution of water supply catchment areas, and

(d)  consideration has been given to the likely impact of the subdivision on the agricultural sustainability and agricultural possibilities of the land to be subdivided and other land in the immediate locality, and

(e)  the land proposed for subdivision is not subject to high bushfire hazard, and

(f)  the subdivision will not impact adversely on threatened flora and fauna, and

(g)  each parcel of land to be created has an area of land, suitable for the erection of a dwelling-house, not affected by slopes greater than 30%, and

(h)  the subdivision will occur in an orderly and efficient manner so that the allotments created are provided with services and infrastructure including water supply, effluent disposal, vehicular access, electricity supply, community facilities and the like, at a level appropriate to the needs of the allotments.

14 Dwelling-houses and dual occupancy housing in rural zones

(1)  This clause applies to land within any rural zone.

(2)  The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land to which this clause applies if:

(a)  in the case of land within Zone No 1 (a)—the allotment has an area of less than 4,000 square metres, or

(b)  in the case of land within Zone No 1 (c1), 1 (c2), 1 (c3) or 1 (c4)—the allotment has an area of less than 3,500 square metres, or

(c)  in the case of land within Zone No 1 (c5)—the allotment has an area of less than 2,000 square metres, or

(d)  in any case:

(i)  if the allotment was created before the appointed day—the consent authority is of the opinion that the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it could have been used (with or without the consent of the consent authority) under the environmental planning instrument under which it was created, or

(ii)  if the allotment was created on or after the appointed day—the allotment was intended to be used for any one or more of the purposes (other than the purpose of a dwelling-house or dual occupancy housing) for which it may be used (with or without the consent of the consent authority) under this plan.

(3)  Despite subclause (2), the consent authority may consent to the erection of a dwelling-house or dual occupancy housing on any one or more of the allotments created to correspond to the parts into which a single allotment is (or was) divided by a public road.

(4)  However, the consent authority shall not consent to the erection of dual occupancy housing on land to which this clause applies unless the consent authority is satisfied that:

(a)  the two dwellings give the appearance of being an integrated development by sharing infrastructure such as access arrangements, fire breaks and services, and

(b)  the clustering of rural buildings has regard to topographical features, and

(c)  any clearing necessary for the dwellings is minimised.

(5)  The consent authority shall not consent to the carrying out of development involving the erection of more than one dwelling-house on an allotment of land to which this clause applies unless the development is for the purpose of dual occupancy housing.

(6)  The subdivision of any dual occupancy housing shall not be permitted unless the subdivision may be carried out in accordance with the provisions of clause 13.

14A Hotels and restaurants in Zone No 1 (a)

(1)  This clause applies to land within Zone No 1 (a).

(2)  Despite any other provision of this plan, the consent authority must not consent to development of any land to which this clause applies for the purpose of a hotel or restaurant unless the development is in conjunction with a tourist facility.

cl 14A: Ins 5.9.2003.

15 Advertisements in Rural Zones Nos 1 (a), 1 (c1), 1 (c2), 1 (c3), 1 (c4) and 1 (c5)

A person a shall not display an advertisement on land within a rural zone other than an advertisement that relates to development on that land, or to premises situated on that land.

Division 3 Residential zones

16 Residential zonings

The following residential zones apply as shown on the map:

Zone No 2 (a) (Residential “A” Zone)—lettered 2 (a) on the map.

Zone No 2 (c) (Residential “C” Zone)—lettered 2 (c) on the map.

Development control table

Zone No 2 (a)—Residential “A” Zone

(1) Description of the zone

The Residential “A” Zone is characterised by one and two storey dwelling-houses and dual occupancy housing. Townhouses, flats and units up to two storeys may occur throughout the zone. Dwellings may also be erected on small lots in specially designed subdivisions. Small-scale commercial activities compatible with a residential neighbourhood and a variety of community uses may also be present in this zone.

(2) Objectives of the zone

The objectives of the Residential “A” Zone are:

(a)  to encourage a range of residential development providing for a variety of housing types and designs, densities and associated land uses, with adequate levels of privacy, solar access, open space, visual amenity and services, and

(b)  to ensure that infill development has regard to the character of the area in which it is proposed and does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like, and

(c)  to provide for non-residential uses that are compatible with the area and service local residents, and

(d)  to facilitate an ecologically sustainable approach to residential development by minimising fossil fuel use, protecting environmental assets and providing for a more efficient use of existing infrastructure and services, and

(e)  to ensure that the design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Any development not included in Item 3 or 5.

(5) Development which is prohibited

Development for the purpose of:

•  abattoirs,

•  airports,

•  animal establishments,

•  aquaculture,

•  brothels,

•  bulky goods salesrooms or showrooms,

•  bus stations,

•  camp or caravan sites,

•  clubs,

•  commercial premises,

•  depots,

•  extractive industries,

•  forestry,

•  hazardous industries,

•  hazardous storage establishments,

•  helicopter landing sites,

•  heliports,

•  hotels,

•  industries,

•  institutions,

•  intensive agricultural pursuits,

•  intensive agriculture,

•  intensive animal husbandry,

•  liquid fuel depots,

•  marinas,

•  material recycling facilities,

•  medical centres,

•  mineral sand mines,

•  mines,

•  mortuaries,

•  motor showrooms,

•  offensive industries,

•  offensive storage establishments,

•  places of assembly,

•  race tracks,

•  restaurants,

•  restricted premises,

•  retail plant nurseries,

•  roadside stalls,

•  rural industries,

•  service stations,

•  shops,

•  telecommunications facilities,

•  tourist facilities,

•  veterinary hospitals,

•  warehouses.

Zone No 2 (c)—Residential “C” Zone

(1) Description of the zone

In addition to dwelling-houses and dual occupancy housing, the Residential “C” Zone is characterised by higher density residential development and tourist accommodation. The zone is generally convenient to commercial centres, and may contain some small-scale commercial activities.

(2) Objectives of the zone

The objectives of the Residential “C” Zone are:

(a)  to promote the principles of urban consolidation by providing residential areas which meet the diverse needs of the community with a wide choice in housing and associated public and commercial uses, and

(b)  to facilitate an ecologically sustainable approach to residential development by minimising fossil fuel use, protecting environmental assets and providing for higher densities and a more efficient use of existing infrastructure and services, and

(c)  to ensure that new development in the zone has regard to the character of the area in which it is proposed and does not have an unacceptable effect on adjoining land by way of shading, invasion of privacy, noise and the like, and

(d)  to ensure that design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk, and

(e)  to provide for non-residential uses that are compatible with the area and service local residents.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Any development not included in Item 3 or 5.

(5) Development which is prohibited

Development for the purpose of:

•  abattoirs,

•  airports,

•  animal establishments,

•  brothels,

•  bulky goods salesrooms or showrooms,

•  bus stations,

•  camp or caravan sites,

•  clubs,

•  commercial premises,

•  depots,

•  extractive industries,

•  hazardous industries,

•  hazardous storage establishments,

•  helicopter landing sites,

•  heliports,

•  hotels,

•  industries,

•  institutions,

•  intensive agricultural pursuits,

•  intensive agriculture,

•  intensive animal husbandry,

•  liquid fuel depots,

•  marinas,

•  material recycling facilities,

•  mineral sand mines,

•  mines,

•  mortuaries,

•  motor showrooms,

•  offensive industries,

•  offensive storage establishments,

•  race tracks,

•  restricted premises,

•  retail plant nurseries,

•  road transport terminals,

•  roadside stalls,

•  rural industries,

•  service stations,

•  shops,

•  telecommunications facilities,

•  veterinary hospitals,

•  warehouses.

cl 16, table: Am 15.8.2003; 5.9.2003.

17 Subdivision in residential zones

(1)  A person shall not subdivide land in a residential zone except with the consent of the consent authority.

(2)  Consent for the subdivision of land to create an allotment with an area of less than 500m² that is, in the opinion of the consent authority, intended to be used for the purpose of residential housing shall be granted only if consent is granted at the same time for the erection of a dwelling on that allotment.

18 Development in the residential zone in Seaham

(1)  Despite any other provision of this plan, the consent authority may grant consent for a subdivision of land within Zone No 2 (a) located within the township of Seaham and the Williams River catchment that will create an allotment the consent authority is satisfied will be used for the purpose of erecting a dwelling only if arrangements the consent authority considers adequate have been made for the land to be connected to reticulated water and sewerage services.

(2)  Despite the other provisions of this plan, the consent authority must not consent to development for the purpose of two or more dwellings (whether attached or detached) on a single allotment of land within Zone No 2 (a) located within the township of Seaham and the Williams River catchment unless arrangements have been made for the land to be connected to reticulated water and sewerage services.

19 Dwelling-houses, dual occupancy housing and urban housing

A person shall not erect a dwelling-house, dual occupancy housing or urban housing on land within a zone specified in the Table to this clause, unless:

(a)  the allotment on which the building is proposed to be erected has an area of not less than the minimum area for each dwelling specified in the Table in respect of the type of housing and zone concerned, and

(b)  the ratio of the gross floor area of the building to the site area of the allotment does not exceed the ratio identified for the relevant zone, and

(c)  the height of the building does not exceed the maximum height identified for the relevant zone.

Table

Type of housing	Zone	Minimum site area per dwelling	Floor space ratio	Maximum height
Dwelling-house	2 (a), 2 (c)	500m2	0.5:1	9m
Dual occupancy housing	2 (a)	300m2	0.5:1	8m
Dual occupancy housing	2 (c)	250m2	0.5:1	8m
Urban housing	2 (a)	300m2	0.5:1	8m
Urban housing	2 (c)	150m2	0.8:1	15m

20 Advertisements in Residential Zones Nos 2 (a) and 2 (c)

A person shall not display an advertisement on land within a residential zone other than an advertisement that relates to development on that land, or to premises situated on that land.

Division 4 Business zones

21 Business zonings

The following business zone applies as shown on the map:

Zone No 3 (a) (Business General “A” Zone)—lettered 3 (a) on the map.

Development control table

Zone No 3 (a)—Business General “A” Zone

(1) Description of the zone

The Business General “A” Zone covers both the major commercial centres of Port Stephens and the smaller neighbourhood shopping centres. It is characterised by a mix of commercial uses and some associated tourist accommodation and residential uses. Small, low impact industrial activities that involve retailing or direct service to the public may be appropriate in this zone.

(2) Objectives of the zone

The objectives of the Business General “A” Zone are:

(a)  to provide for a range of commercial and retail activities, and uses associated with, ancillary to, or supportive of, retail and service facilities, including tourist development and industries compatible with a commercial area, and

(b)  to ensure that neighbourhood shopping and community facilities retain a scale and character consistent with the amenity of the locality, and

(c)  to maintain and enhance the character and amenity of major commercial centres, to promote good urban design and retain heritage values where appropriate, and

(d)  to provide commercial areas that are safe and accessible for pedestrians, and which encourage public transport patronage and bicycle use and minimise the reliance on private motor vehicles, and

(e)  to provide for waterfront-associated commercial development whilst protecting and enhancing the visual and service amenity of the foreshores.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Any development not included in Item 3 or 5.

(5) Development which is prohibited

Development for the purpose of:

•  abattoirs,

•  brothels,

•  camp or caravan sites,

•  dwellings (unless the ground floor of the building is used for another use permissible within the zone),

•  exhibition homes,

•  extractive industries,

•  hazardous industries,

•  hazardous storage establishments,

•  helicopter landing sites,

•  heliports,

•  institutions,

•  intensive agriculture,

•  liquid fuel depots,

•  material recycling facilities,

•  mineral sand mines,

•  mines,

•  offensive industries,

•  offensive storage establishments,

•  race tracks,

•  road transport terminals,

•  roadside stalls,

•  rural industries.

22 Subdivision in business zones

(1)  A person shall not subdivide land in a business zone except with the consent of the consent authority.

(2)  The consent authority may grant consent for a subdivision of land within a business zone only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:

(a)  having regard to the purpose for which the allotment is intended to be used, or

(b)  to facilitate future commercial development of the land.

Division 5 Industrial zones

23 Industrial zonings

The following industrial zone applies as shown on the map:

Zone No 4 (a) (Industrial General “A” Zone)—lettered 4 (a) on the map.

Development control table

Zone No 4 (a)—Industrial General “A” Zone

(1) Description of the zone

The Industrial General “A” Zone caters for a range of industrial development including the retailing of bulky goods that require large areas for handling and storage and good loading facilities. Premises of a commercial and retail nature are limited in the industrial zone.

(2) Objectives of the zone

The objectives of the Industrial General “A” Zone are:

(a)  to enable the development of a wide range of industrial, service and storage activities and a limited range of business and retail activities, and

(b)  to allow industrial development only after comprehensive hazard analysis and risk assessment provide adequate safeguards designed to protect the surrounding environment and ecological balance, and

(c)  to regulate industries in proximity to urban localities and to ensure that adequate buffers are provided in the vicinity of adjacent zones, so that activities near the boundary of an adjacent zone will not have a significant detrimental effect on the amenity of that zone, and

(d)  to enable the most efficient and effective industrial development of waterfront industrial land by encouraging associated waterfront land uses sympathetic to the environment and ecology of the waterfront lands, and

(e)  to allow commercial, retail, residential, or other development only where it is associated with, ancillary to, or supportive of, industrial development, and

(f)  to limit development for the purpose of bulky goods salesrooms or showrooms, and

(g)  to encourage a high standard of design and amenity in industrial areas.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Any development not included in Item 3 or 5.

(5) Development which is prohibited

Development for the purpose of:

•  bed and breakfast establishments,

•  boarding-houses,

•  camp or caravan sites,

•  commercial premises,

•  dual occupancy housing,

•  dwellings, other than those ancillary to and on the same land as other development permissible in this zone,

•  hospitals,

•  restricted premises,

•  roadside stalls,

•  shops,

•  tourist facilities,

•  urban housing.

cl 23, table: Am 15.8.2003.

24 Subdivision in industrial zones

(1)  A person shall not subdivide land in an industrial zone except with the consent of the consent authority.

(2)  The consent authority may grant consent for a subdivision of land within an industrial zone only if each allotment to be created by the proposed subdivision will be of a size, and will have a ratio of depth to frontage, that the consent authority considers appropriate:

(a)  having regard to the purpose for which the allotment is intended to be used, or

(b)  to facilitate future industrial development of the land.

25 Bulky goods salesrooms and showrooms in industrial zones

The consent authority shall not grant consent for development for the purpose of a bulky goods salesroom or showroom in an industrial zone unless it is satisfied that:

(a)  there is a need for development for that purpose in the zone,

(b)  having regard to the objectives of the zone and the number of retail outlets that exist within (or are proposed for) the zone, the carrying out of the proposed development is appropriate, and

(c)  the carrying out of the proposed development will not have a substantial adverse effect on existing business centres or on adjoining residential properties.

Division 6 Special Use zones

26 Special use zonings

The following special use zones apply as shown on the map:

Zone No 5 (a) Defence Purposes Zone—lettered 5 (a) on the map.

Zone No 5 (c) Proposed Road Zone—lettered 5 (c) on the map.

Zone No 5 (g) Special Urban (Flood Affected) Zone—lettered 5 (g) on the map.

Development control table

Zone No 5 (a)—Defence Purposes Zone

(1) Description of the zone

The 5 (a) Defence Purposes Zone identifies land required for defence force use.

(2) Objective of the zone

The objective of the 5 (a) Defence Purposes Zone is to provide for specific defence force and associated uses of land in appropriate locations.

(3) Development allowed without development consent

Development by the Department of Defence for defence purposes.

Exempt development.

(4) Development allowed only with development consent

Development for the purpose of:

•  aircraft maintenance,

•  aircraft manufacture,

•  airports,

•  any activity associated with airports or defence,

•  manufacture of components used in aircraft maintenance or manufacture,

•  tourist facilities.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 5 (c)—Proposed Road Zone

(1) Description of the zone

The 5 (c) Proposed Road Zone identifies land required for new roads and for the widening of roads. Provisions apply for landowners who wish to sell the land to the RTA and for the use of land prior to acquisition by that Authority.

(2) Objective of the zone

The objective of this zone is to reserve land required for new roads and the widening of roads.

(3) Development allowed without development consent

Development for the purpose of:

•  roads,

•  utility installations.

Exempt development.

(4) Development allowed only with development consent

Nil.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 5 (g)—Special Urban (Flood Affected) Zone

(1) Description of the zone

The 5 (g) Special Urban (Flood Affected) Zone is characterised by a mixture of commercial, light industrial and residential uses. The zone comprises some of the older residential and commercial or light industrial areas of Raymond Terrace. It provides for urban development compatible with the constraints of the land and in accordance with more detailed planning provisions contained within a development control plan.

(2) Objectives of the zone

The objectives of the Special Urban (Flood Affected) Zone are:

(a)  to enable a range of urban development compatible with the constraints of the land such as floodwater inundation, and

(b)  to identify land suitable for future urban development, and

(c)  to allow only development of a kind that is, or can be rendered to be, compatible with inundation by flood waters, and

(d)  to reduce the incidence of loss of life and damage to property and the environment in areas subject to flooding, and

(e)  to allow suitable development on valuable land close to existing urban areas, and

(f)  to protect and preserve items of environmental heritage, and

(g)  to permit development which is compatible with the provisions of detailed planning objectives contained within development control plans.

(3) Development allowed without development consent

Exempt development.

Flood mitigation works authorised under the Hunter Valley Flood Mitigation Act 1956.

(4) Development allowed only with development consent

Any development not included in Item 3 or 5.

(5) Development which is prohibited

Development for the purpose of:

•  abattoirs,

•  airports,

•  brothels,

•  hazardous industries,

•  hazardous storage establishments,

•  helicopter landing sites,

•  heliports,

•  hospitals,

•  institutions,

•  intensive agricultural pursuits,

•  intensive agriculture,

•  intensive animal husbandry,

•  liquid fuel depots,

•  material recycling facilities,

•  mineral sand mines,

•  mines,

•  offensive industries,

•  offensive storage establishments,

•  road transport terminals,

•  roadside stalls,

•  urban housing.

27 Acquisition and development of land reserved for roads

(1)  The owner of any land within Zone No 5 (c) may, by notice in writing, require the RTA to acquire the land.

(2)  On receipt of such a notice, the RTA must acquire the land if:

(a)  the land is vacant land, or

(b)  the land is not vacant land but:

(i)  the land is included in the 5 year works program of the RTA current at the time of receipt of the notice, or

(ii)  the RTA has decided not to give concurrence under subclause (3) to an application for consent to the carrying out of development on the land, or

(iii)  the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for a public road.

(3)  A person may, with the consent of the Council and the concurrence of the RTA, carry out development on land within Zone No 5 (c):

(a)  for a purpose for which development may be carried out on land in an adjoining zone, or

(b)  for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.

(4)  In deciding whether to grant concurrence to proposed development under this clause, the RTA must take the following matters into consideration:

(a)  the need to carry out development on the land for the purpose for which the land is reserved,

(b)  the imminence of the acquisition,

(c)  the likely additional cost to the RTA resulting from the carrying out of the proposed development.

(5)  Land acquired under this clause may be developed, with the consent of the consent authority, for any purpose, until such time as it is required for the purpose for which it was acquired.

(6)  In this clause:

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences.

28 Subdivision in the Special Urban (Flood Affected) Zone

(1)  A person shall not subdivide land in the Special Urban (Flood Affected) Zone except with the consent of the consent authority.

(2)  The consent authority may grant consent for a subdivision of land within the Special Urban (Flood Affected) Zone only if each allotment to be created by the proposed subdivision will be of a size that the consent authority considers appropriate:

(a)  having regard to the purpose for which the allotment is intended to be used and having regard to the hazard of flooding, or

(b)  to facilitate future development of the land for urban purposes, having regard to the hazard of flooding.

Division 7 Recreation zones

29 Recreation zonings

The following recreation zones apply as shown on the map:

Zone No 6 (a) (General Recreation “A” Zone)—lettered 6 (a) on the map.

Zone No 6 (c) (Special Recreation “C” Zone)—lettered 6 (c) on the map.

Development control table

Zone No 6 (a)—General Recreation “A” Zone

(1) Description of the zone

The General Recreation “A” Zone contains land that is currently used or is available to be used for both active and passive recreation. The zone generally relates to recreation reserves, foreshores, bushland and other land reserved for the public. It can include a number of recreational developments, such as playing fields, children’s playgrounds and bushland parks, and may include services and facilities catering for users of the reserve.

(2) Objectives of the zone

The objectives of the General Recreation “A” Zone are:

(a)  to identify publicly owned land and ensure that it is available for open space recreation, and

(b)  to provide an open space network to serve the present and future recreational needs of residents and visitors, and

(c)  to permit development associated with, or complementary to, open space, and

(d)  to allow development on foreshores where that development is water related and enhances the recreational use or natural environment of the foreshore, and

(e)  to preserve the aesthetics of land which is prominent and visible to the public along foreshore areas, and

(f)  to reserve privately owned land that is essential for future public open space and to provide for its acquisition by the Council.

(3) Development allowed without development consent

Exempt development.

Works for the purpose of landscaping or gardening.

(4) Development allowed only with development consent

Development for the purpose of:

•  advertisements,

•  agriculture,

•  aquaculture,

•  bushfire hazard reduction,

•  camp or caravan sites,

•  child care centres,

•  clearing,

•  clubs,

•  community facilities,

•  dams,

•  earthworks,

•  educational establishments,

•  forestry,

•  helicopter landing sites,

•  marinas,

•  places of assembly,

•  race tracks,

•  recreation areas,

•  recreation facilities,

•  restaurants,

•  telecommunications facilities,

•  utility installations.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 6 (c)—Special Recreation “C” Zone

(1) Description of the zone

The Special Recreation “C” Zone includes privately and publicly owned land used for recreational purposes such as licensed clubs, golf courses, bowling clubs and the like.

(2) Objectives of zone

The objectives of the Special Recreation “C” Zone are to enable privately and publicly operated recreational development in suitable and accessible localities and to ensure facilities do not reduce the amenity of the locality or its environmental quality.

(3) Development allowed without development consent

Exempt development.

Works for the purpose of landscaping, gardening or bushfire hazard reduction.

(4) Development allowed only with development consent

Development for the purpose of:

•  advertisements,

•  agriculture,

•  aquaculture,

•  camp or caravan sites,

•  clearing,

•  clubs,

•  dams,

•  earthworks,

•  forestry,

•  marinas,

•  race tracks,

•  recreation areas,

•  recreation facilities,

•  restaurants,

•  telecommunications facilities,

•  tourist facilities,

•  utility installations.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

30 Acquisition and development of land zoned for general recreation

(1)  The owner of land zoned 6 (a) may write to the Council, asking the Council to acquire the land. Upon receipt of such a request, the Council must acquire the land, unless:

(a)  the land can reasonably be required to be dedicated to the public by the owner on subdivision or development of that land or adjoining land in the same ownership, or

(b)  the land is public land and held by a public authority for the purpose of public open space.

(2)  The Council need not take any action with respect to acquiring land within Zone No 6 (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving a notice requiring acquisition of land if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land. The Council need not acquire the land pursuant to the notice if the land is rezoned, or the Council resolves (or has resolved) to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.

(3)  Land zoned 6 (a) may be developed for any purpose with the consent of the consent authority, where the consent authority is satisfied that the land is not required for public recreation in the immediate future and the carrying out of that development will not adversely affect the future use of the land for public recreation.

31 Subdivision in recreation zones

(1)  A person shall not subdivide land in a recreation zone except with the consent of the consent authority.

(2)  The consent authority may grant consent for a subdivision of land within a recreation zone only if each allotment to be created by the proposed subdivision will be of a size that the consent authority considers appropriate:

(a)  having regard to the purpose for which the allotment is intended to be used, or

(b)  to facilitate future development of the land for recreational purposes.

Division 8 Environment protection zones

32 Environment protection zonings

The following environment protection zones apply as shown on the map:

Zone No 7 (a) (Environment Protection “A” Zone)—lettered 7 (a) on the map.

Zone No 7 (c) (Environment Protection “C” (Water Catchment) Zone)—lettered 7 (c) on the map.

Zone No 7 (f1) (Environment Protection “F1” (Coastal Lands) Zone)—lettered 7 (f1) on the map.

Zone No 7 (f3) (Environment Protection “F3” (Urban Conservation) Zone)—lettered 7 (f3) on the map.

Zone No 7 (w) (Environment Protection “W” (Waterways) Zone)—lettered 7 (w) on the map.

Development control table

Zone No 7 (a)—Environment Protection “A” Zone

(1) Description of the zone

The Environment Protection “A” Zone is comprised of lands which are environmentally sensitive or of particular environmental interest. It includes water catchment areas, wetlands and areas of significant flora or fauna habitat. Development in this zone is generally comprised of scattered residential development and development for the purpose of tourist accommodation sympathetic to, and compatible with, the natural environment and its features.

(2) Objectives of the zone

The objectives of the Environment Protection “A” Zone are to encourage the conservation and proper management of environmentally sensitive land and to ensure that existing and future land uses and land management practices do not detract from the environmental values of the land, and, in particular:

(a)  to protect significant wildlife habitats, water catchment areas and coastal lands, and

(b)  to regulate development to avoid inappropriate uses of land, being uses which would destroy or damage a habitat ecosystem (particularly that of wetlands), significant vegetation or wildlife, and

(c)  to promote the regeneration of areas of significant vegetation, and their corridors, for the protection of native fauna and flora species and to maintain their diversity, and

(d)  to encourage development compatible with, and sympathetic to, the preservation of the natural environment and based on the principles of ecologically sustainable development, and

(e)  to regulate development so that it does not adversely affect and is not adversely affected by coastal processes, in both the short and long term, and

(f)  to maintain the visual character of coastal landscapes, hillscapes and ridgelines and the availability of land for coastal recreation and access, and

(g)  to ensure the sensitive use of renewable resources to maintain the integrity of the resource base and provide for its continued use by future generations, and

(h)  to conserve biological diversity and ecological integrity.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Development for the purpose of:

•  agriculture,

•  aquaculture,

•  bed and breakfast establishments,

•  bushfire hazard reduction,

•  clearing,

•  community facilities,

•  dams,

•  dual occupancy housing,

•  dwelling-houses,

•  earthworks,

•  home employment,

•  places of assembly,

•  places of public worship,

•  recreation areas,

•  recreation facilities,

•  tourist facilities,

•  utility installations.

Subdivision permitted by clause 33.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 7 (c)—Environment Protection “C” (Water Catchment) Zone

(1) Description of the zone

The Environment Protection “C” (Water Catchment) Zone is comprised of lands which are environmentally sensitive and are also in the care and control of the Hunter Water Corporation. Development in this zone generally relates to the on-going and long-term management of the surface and groundwater catchment by the Hunter Water Corporation. There are also other sympathetic and compatible uses of the land in the zone.

(2) Objectives of the zone

The objectives of the Environment Protection “C” (Water Catchment) Zone are:

(a)  to ensure the protection of water catchment areas to safeguard the quality and quantity of groundwater and surface water, and

(b)  to regulate development so as to avoid uses of land that would destroy or damage the quality or quantity of groundwater or surface water.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Development for the purpose of:

•  agriculture,

•  bushfire hazard reduction,

•  clearing,

•  community facilities,

•  dams,

•  dwelling-houses,

•  earthworks,

•  recreation areas,

•  recreation facilities,

•  tourist facilities,

•  utility installations.

Subdivision permitted by clause 33.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 7 (f1)—Environment Protection “F1” (Coastal Lands) Zone

(1) Description of the zone

The land within the Environment Protection “F1” (Coastal Lands) Zone is identified as being land located along the coastline that is, for aesthetic or environmental reasons, environmentally sensitive, and is generally held in public ownership.

(2) Objectives of the zone

The objectives of the Environment Protection “F1” (Coastal Lands) Zone are:

(a)  to identify and protect coastal lands which are recognised as being environmentally sensitive, and

(b)  to safeguard sections of the coast which are significant tourist and recreational areas and to promote only environmentally and aesthetically sympathetic development, and

(c)  to regulate development so that it does not adversely affect and is not adversely affected by coastal processes, in both the short and long term.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Development for the purpose of:

•  agriculture,

•  aquaculture,

•  bed and breakfast establishments,

•  bushfire hazard reduction,

•  camp or caravan sites,

•  clearing,

•  community facilities,

•  dams,

•  dual occupancy housing,

•  dwelling-houses,

•  earthworks,

•  home employment,

•  places of assembly,

•  places of public worship,

•  recreation areas,

•  recreation facilities,

•  tourist facilities,

•  utility installations.

Subdivision permitted by clause 34.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 7 (f3)—Environment Protection “F3” (Urban Conservation) Zone

(1) Description of the zone

The land within the Environment Protection “F3” (Urban Conservation) Zone is environmentally sensitive land and may be low lying or adjacent to sensitive ecosystems, or affected by acid sulphate soils or poor drainage.

(2) Objectives of the zone

The objectives of the Environment Protection “F3” (Urban Conservation) Zone are:

(a)  to identify lands which are environmentally sensitive and to promote development which recognises that sensitivity and ensures the protection of the environment, and

(b)  to permit agriculture and low density residential development which is compatible with, and sympathetic to, the environment, and

(c)  to ensure that development does not have an adverse effect on sensitive ecosystems and their buffer areas.

(3) Development allowed without development consent

Exempt development.

(4) Development allowed only with development consent

Development for the purpose of:

•  agriculture,

•  bed and breakfast establishments,

•  bushfire hazard reduction,

•  clearing,

•  community facilities,

•  dual occupancy housing,

•  dwelling-houses,

•  earthworks,

•  home employment,

•  places of assembly,

•  places of public worship,

•  recreation areas,

•  recreation facilities,

•  tourist facilities,

•  utility installations.

Subdivision permitted by clause 33.

(5) Development which is prohibited

Any development not included in Item 3 or 4.

Zone No 7 (w)—Environment Protection “W” (Waterways) Zone

(1) Description of the zone

The Environment Protection “W” (Waterways) Zone applies to the Port Stephens waterway including Tilligerry Creek. Development in this zone is generally of a low impact nature that is sympathetic to, and compatible with, the natural environment.

(2) Objectives of the zone

The objectives of the Environment Protection “W” (Waterways) Zone are to minimise the impacts caused by commercial operations on the marine life and ecology of the Port Stephens waterways and to provide for such activities and facilities which:

(a)  are compatible with the existing or planned future character of the waterways and adjoining foreshores, and

(b)  protect and maintain the viability of the oyster, prawn and fishing industries of the Port whilst enabling a balance of compatible recreational uses, and

(c)  maintain the integrity of the waterways resource base and provide for its continued use by future generations, and

(d)  ensure there is provision for multiple use of the waterways of Port Stephens having regard to the use and zoning of adjoining waterfront lands, and

(e)  protect and enhance the aquatic environment and the significant marine habitats of Port Stephens, and

(f)  protect and enhance the natural environment based on the principles of ecologically sustainable development including biological diversity and ecological integrity, and

(g)  do not adversely affect and are not adversely affected by coastal processes, in both the short and long term.

(3) Development allowed without development consent

Development for the purpose of:

•  boating activities, except development for the purpose of tourist boats,

•  maintenance dredging.

Exempt development.

(4) Development allowed only with development consent

Any development not included in Item 3.

(5) Development that is prohibited

Nil.

33 Subdivision within environment protection zones Nos 7 (a), 7 (c) and 7 (f3)

(1)  A person must not subdivide land within Zone No 7 (a), 7 (c) or (f3) except:

(a)  for any of the following purposes:

(i)  the opening or widening of a public road,

(ii)  to change allotment boundaries in any way, but not so as to create additional allotments,

(iii)  consolidation of allotments,

(iv)  rectification of any encroachment on any existing allotments,

(v)  the creation of allotments corresponding to the parts into which a single allotment is divided by a public road, or

(b)  for the purpose of the creation of an allotment or allotments intended to be used for any one or more of the purposes (excluding dwelling-houses or dual occupancy housing) for which it may be used with or without the consent of the consent authority.

(2)  Subdivision of land for a purpose specified in subclause (1) (a) does not have the effect of precluding development of the land for any purpose for which it might have been developed immediately prior to the subdivision (except in so far as the land has been taken for a road as referred to in subclause (1) (a)).

cl 33: Am 7.6.2002.

34 Subdivision within environment protection zone No 7 (f1)

(1)  The consent authority must not consent to the subdivision of land within the environment protection zone No 7 (f1) unless each allotment to be created by the subdivision has an area of not less than 40 hectares.

(2)  Notwithstanding subclause (1), the consent authority may consent to a subdivision of land referred to in that subclause involving the creation of not more than one allotment having an area of less than 40 hectares if the consent authority is satisfied that:

(a)  the allotment to be created is lawfully used for a purpose other than a dwelling-house, dual occupancy housing or agriculture, or

(b)  the allotment to be created may, by reason of a development consent granted in respect of that allotment, lawfully be used for a purpose other than a dwelling-house, dual occupancy housing or agriculture.

35 Development within all environment protection zones

(1)  The consent authority must not grant consent to a development application relating to land within an environment protection zone unless it is satisfied that:

(a)  the carrying out of the proposed development will not harm or compromise ecological habitats, and

(b)  the land is not subject to high bushfire hazard, and

(c)  where a dwelling-house is permissible on the land (with or without the consent of the consent authority), each allotment to be created by any proposed subdivision has an area of land, suitable for the erection of a dwelling-house, which is not affected by slopes greater than 30%, and

(d)  where a dwelling-house or dual occupancy housing is permissible on the land, any proposed building will have a height of no more than 9 metres in the case of a dwelling-house and 8 metres in the case of dual occupancy housing, and

(e)  any subdivision will occur in an orderly and efficient manner and will not create undue demands on the provision of services and infrastructure for the locality, and

(f)  the land concerned has an adequate area of suitable soils available for on-site septic effluent disposal, located away from drainage lines and shallow or impervious soils, unless reticulated water and sewerage services are available.

(2)  The consent authority must not consent to the erection of a dwelling-house or dual occupancy housing on an allotment having an area of less than 40 hectares created pursuant to a consent referred to in clause 34 (2).

36 Acquisition and development of land zoned 7 (f1)

(1)  The owner of any land within Zone No 7 (f1) may, by notice in writing, require the Minister administering the Environmental Planning and Assessment Act 1979 to acquire the land. Upon receipt of such a notice, the Minister must acquire the land.

(2)  Land zoned 7 (f1) may be developed for any purpose permissible in the zone, with the consent of the consent authority and the concurrence of the Minister administering the Environmental Planning and Assessment Act 1979. The consent authority must not grant such a consent unless it is satisfied that the carrying out of the proposed development will not adversely affect the future use of the land for the purposes for which it has been zoned.

(3)  The consent authority shall not consent to the erection of a dwelling-house or dual occupancy housing on an allotment of land within Zone No 7 (f1) unless:

(a)  the allotment has an area of not less than 40 hectares, or

(b)  the allotment was lawfully created prior to 22 June 1979.

Part 3 Special provisions

Division 1 Special provisions relating to Port Stephens generally

37 Objectives for development on flood prone land

The objectives for development on flood prone land are:

(a)  to minimise risk to human life and damage to property caused by flooding and inundation through controlling development, and

(b)  to ensure that the nature and extent of the flooding and inundation hazard are considered prior to development taking place, and

(c)  to provide flexibility in controlling development in flood prone localities so that the new information or approaches to hazard management can be employed where appropriate.

38 Development on flood prone land

(1)  A person shall not carry out development for any purpose on flood prone land except with the consent of the consent authority.

(2)  Before granting consent to development on flood prone land the consent authority must consider the following:

(a)  the extent and nature of the flooding or inundation hazard affecting the land,

(b)  whether or not the proposed development would increase the risk or severity of flooding or inundation affecting other land or buildings, works or other land uses in the vicinity,

(c)  whether the risk of flooding or inundation affecting the proposed development could reasonably be mitigated and whether conditions should be imposed on any consent to further the objectives of this plan,

(d)  the social impact of flooding on occupants, including the ability of emergency services to access, rescue and support residents of flood prone areas,

(e)  the provisions of any floodplain management plan or development control plan adopted by the Council.

39 Development near the Williams River

(1)  Despite any other provision of this plan, a person must not, except with the consent of the consent authority, on land within 30 metres of a bank of the Williams River and within the Williams River catchment:

(a)  erect a building (or alter or add to a building so as to enlarge or extend it), or

(b)  construct dams, drainage works, levee banks or water storage areas, or

(c)  carry out any other development.

(2)  Despite any other provision of this plan, a person must not, except with the consent of the consent authority, subdivide land within 30 metres of a bank of the Williams River and within the Williams River catchment.

(3)  The consent authority must not grant consent as referred to in subclause (1) or (2) unless, in the opinion of the consent authority, the subdivision or other development of the land will be carried out in a manner which, in respect of that land and the adjacent land, does not result in a significantly increased risk of:

(a)  soil erosion or other environmental degradation, or

(b)  loss of vegetation or habitat, or

(c)  disturbance of sodic or dispersive soils, or

(d)  degradation of water quality or the quality of groundwater supplies.

(4)  This clause does not apply to development for the purpose of fencing, revegetation or river management works.

(5)  In this clause, river management works means works carried out for the purpose of improving the river corridor of the Williams River in accordance with:

(a)  the conditions subject to which funding has been provided for the works by the Department of Land and Water Conservation, or

(b)  a permit or other approval granted by the Director-General of that Department, or

(c)  a Rivercare or Landcare plan or the like administered by the Hunter Catchment Management Trust.

40 Minor variation to zone boundaries

Development may, with the consent of the consent authority, be carried out on land which is within 20 metres of a boundary between any two zones for any purpose for which development may be carried out in the adjoining zone on the other side of the boundary.

41 Direct access to certain roads is restricted

(1)  No new means of vehicular access shall, except with the consent of the consent authority, be opened, constructed, formed, laid out or used from any land adjacent to a boundary of a road identified as follows:

(a)  Pacific Highway—State Highway No 10,

(b)  Nelson Bay Road—Main Road 108 (between the intersection of Stockton Street and Church Street, Nelson Bay, and the boundary of Port Stephens local government area at Fern Bay),

(c)  Medowie Road—Main Road 518,

(d)  Cabbage Tree Road/Tomago Road—Main Road 302,

(e)  Richardson Road—Main Road 104 (between Nelson Bay Road and Watt Street, Raymond Terrace).

(2)  Before determining an application for consent required by subclause (1), the consent authority must refer the development proposal to the RTA and take into consideration any comments submitted by the RTA to the consent authority within 28 days of referral of the proposal or such longer period as the consent authority may allow.

42 Development along arterial roads

The consent authority shall not consent to an application to carry out development on land which has frontage to an arterial road unless:

(a)  access to the land is provided by a road other than the arterial road, wherever practicable, and

(b)  in the opinion of the consent authority, the safety and efficiency of the arterial road will not be adversely affected by the carrying out of the proposed development because of:

(i)  the nature of the access to the land concerned, or

(ii)  the emission of smoke or dust from that land, or

(iii)  the nature, volume or frequency of vehicles gaining access to the land, and

(c)  the proposed development will meet any relevant road traffic noise standards of the State or the Council, and

(d)  the consent authority has referred the development application to the RTA and has taken into consideration any comments submitted to the consent authority by the RTA within 28 days after the application was referred to that Authority.

43 Classification and reclassification of public land as operational land

(1)  The public land described in Schedule 1 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)  Land described in Columns 1 and 2 of Schedule 1, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified for the land in Column 3 of Schedule 1.

(3)  In this clause, the relevant amending plan, in relation to land described in Schedule 1, means this plan or, if the description of the land is inserted into the Schedule by another local environmental plan, that plan.

(4)  Before the relevant amending plan inserted a description of land into Schedule 1, the Governor approved of subclause (2) applying to the land.

cl 43: Subst 9.8.2002.

44 Appearance of land and buildings

(1)  The consent authority may consent to the development of land within view of any waterway or adjacent to any main or arterial road, public reserve or land zoned as open space, only if it takes into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, main or arterial road, public reserve or land zoned as open space.

(2)  The consent authority may consent to development of land on or near any ridgeline visible from a public road only if it is satisfied that the development would not be likely to detract substantially from the visual amenity of the locality.

(3)  In determining whether to grant a consent referred to in subclause (1) or (2), the consent authority shall consider the following:

(a)  the height and location of any building that will result from carrying out the development,

(b)  the reflectivity of materials to be used in carrying out the development,

(c)  the likely effect of carrying out the development on the stability of the land,

(d)  any bushfire hazard,

(e)  whether carrying out the development is essential to the viability of the land concerned,

(f)  the likely extent and effect of carrying out the development on vegetation on the land concerned.

45 Development of unzoned land

(1)  A person shall not carry out development on land shown unzoned on the map without the consent of the consent authority.

(2)  The consent authority shall grant its consent under subclause (1) only for a purpose which may be carried out either with or without the consent of the consent authority on land adjoining that unzoned land.

(3)  A person shall not carry out development on any land:

(a)  below high water mark, or

(b)  forming part of the bed of a river, creek, bay, lagoon or other natural watercourse,

without the consent of the consent authority.

46 Savings provision

The carrying out of development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980 shall continue to be permissible without development consent.

47 Services

The consent authority shall not grant its consent to the carrying out of any development on any land unless:

(a)  a water supply and facilities for the removal or disposal of sewage and drainage are available to that land, or

(b)  arrangements satisfactory to it have been made for the provision of that supply and those facilities.

48 Temporary use of land

Despite any other provision of this plan, a person may, with the consent of the consent authority, carry out development on land for any purpose (not being designated development) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

49 What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan PS8—Guidelines for Exempt and Complying Development as adopted by the Council on 24 February 2003 is exempt development, despite any other provisions of this plan.

(2)  Development listed as complying development in Development Control Plan PS8—Guidelines for Exempt and Complying Development as adopted by the Council on 24 February 2003 is complying development if:

(a)  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

(b)  is not to be carried out on land within Zone No 1 (c1), 1 (c2), 1 (c3), 1 (c4), 1 (c5), 7 (a), 7 (c), 7 (f1), 7 (f3) or 7 (w), and

(c)  it is not an existing use, as defined in section 106 of the Act.

(3)  Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan PS8—Guidelines for Exempt and Complying Development as adopted by the Council on 24 February 2003.

(4)  A complying development certificate issued for any complying development is subject to the conditions for the development specified in Development Control Plan PS8—Guidelines for Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.

cl 49: Am 15.8.2003.

50 Tree preservation

(1)  The Council may, by resolution, make, revoke or amend a tree preservation order.

(2)  A tree preservation order, and any revocation or amendment of such an order, does not have effect until it has been published in a newspaper circulating in the Port Stephens local government area.

(3)  A tree preservation order must specify the types or sizes of trees, or identify the locations of the trees, that are covered by the order.

(4)  While a tree preservation order is in force, a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree covered by the order without development consent.

(5)  Subclause (4) does not apply where it can be demonstrated to the satisfaction of the consent authority that the tree is dying or dead or has become dangerous.

(6)  A tree preservation order does not apply to or in respect of:

(a)  trees within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

(b)  action required or authorised to be done by or under the Electricity Supply Act 1995, the Electricity Safety Act 1945, the Roads Act 1993 or the Surveyors Act 1929, or

(c)  plants declared to be noxious weeds under the Noxious Weeds Act 1993.

(7)  A tree preservation order made, and in force immediately before the appointed day, under an interim development order relating to land within the Port Stephens local government area shall be deemed to be a tree preservation order made by the Council under this clause and may be revoked or amended in accordance with this clause.

51 Land reserved or dedicated under the National Parks and Wildlife Act 1974

Despite the other provisions of this plan, any development authorised by the National Parks and Wildlife Act 1974 (and any development ordinarily ancillary or incidental to that development) may be carried out, without development consent, on land to which this plan applies that is reserved or dedicated under that Act.

Division 2 Provisions relating to specific land

52 Certain development at Salamander Way, Salamander Bay (Horizons)

(1)  This clause applies to Lot 153, DP 801973, Salamander Bay.

(2)  A person may, with the consent of the consent authority:

(a)  erect not more than 251 dwellings on the land to which this clause applies, and

(b)  carry out on that land development for commercial or retail purposes, provided that the land used for those purposes does not exceed 600 square metres in area.

(3)  The consent authority must not consent to a development application required by this clause unless it has considered:

(a)  an analysis of the existing surface and ground water quality and hydrological regime and an assessment of any changes likely to result from the proposed development, and

(b)  a description of the measures to be taken to guard against actual and potential disturbances to the vegetation, fauna, water quality and hydrological regime resulting from the carrying out of the development.

(4)  The Council must not consent to the application unless, in its opinion, the measures referred to in subclause (3) (b) are satisfactory.

53 Certain development at Lily Hill Road, Nelson Bay

(1)  This clause applies to Lot 72, DP 861094, Lily Hill Road, Nelson Bay.

(2)  Despite any other provision of this plan, the land to which this clause applies may be subdivided into not more than 11 lots, and not more than one dwelling may be erected on each of those lots.

54 Certain development at Sylvan Avenue, Medowie

(1)  This clause applies to the part of Lot 92, DP 869563, Sylvan Avenue, Medowie, that is shown hatched on the map.

(2)  Notwithstanding any other provisions of this plan, development consent for the subdivision of the land to which this clause applies must not be granted unless the consent authority is satisfied that the appropriate measures have been taken in regard to the protection of koala habitat by:

(a)  identifying building envelopes within which vegetation may be removed, and

(b)  identifying koala movement corridors that the consent authority is satisfied will be maintained, and

(c)  incorporating measures for the restoration and rehabilitation of koala habitat.

54A Certain development at Medowie Road, Medowie (Port Stephens Golf and Country Club)

(1)  This clause applies to part of Lot 210, DP 1014529, Medowie Road, Medowie, as shown edged heavy black on the map marked “Port Stephens Local Environmental Plan 2000 (Amendment No 1)”.

(2)  Notwithstanding any other provisions of this plan, a person may, with the consent of the consent authority, subdivide the land to which this clause applies and erect on the lots so created urban housing comprising no more than 115 dwellings that complies with the requirements of this plan relating to the erection of urban housing on land within Zone No 2 (a).

(3)  The consent authority must not grant consent as referred to in subclause (2) unless:

(a)  in the opinion of the consent authority, the dwellings proposed to be erected are required as an integral part of a major tourist recreation facility, being a golf course, and

(b)  a condition is imposed on that consent providing that:

(i)  at least 9 holes of the golf course must be completed before commencement of the construction of the first 50 dwellings, and

(ii)  the remaining holes of the 18 hole golf course must be completed before commencement of the construction of the remaining 65 dwellings.

(4)  If consent to development referred to in subclause (2) has not been granted within 3 years after the commencement of this clause, this clause ceases to have effect.

(5)  Nothing in subclause (4) prevents the consent authority from consenting to the carrying out of alterations or extensions to or the rebuilding of a building or work being used for a purpose consented to under this clause.

cl 54A: Ins 1.2.2002.

54B Certain development at Valerie Road, Salt Ash

Despite any other provision of this plan, not more than one dwelling may be erected on each of Lots 2, 3 and 4, DP 79221, Valerie Road, Salt Ash (as shown edged heavy black on the map marked Port Stephens Local Environmental Plan 2000 (Amendment No 5)).

cl 54B: Ins 26.4.2002.

Division 3 Heritage provisions

55 Protection of heritage items, heritage conservation areas and relics

(1)  The following development may be carried out only with development consent:

(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b)  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior,

(c)  altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,

(d)  moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic,

(e)  erecting a building on, or subdividing, land on which a heritage item is located or which is within a heritage conservation area.

(2)  Development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not adversely affect the heritage significance of the heritage item or heritage conservation area.

(3)  When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

(4)  The consent authority may refuse to grant consent to a development application required by this clause unless it has considered a conservation plan that assesses the impact of the proposal on the heritage significance of the item and its setting, or of the heritage conservation area. A conservation plan is a document establishing the heritage significance of a heritage item or a heritage conservation area and identifying conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

56 (Repealed)

cl 56: Rep 14.11.2003.

57 Notice of certain heritage development applications

Section 79 of the Act (which provides for the giving of notice, and for the making and consideration of submissions, about proposed development) apply to the demolishing, defacing or damaging of a heritage item or a building, work, relic, tree or place within a heritage conservation area (and to the use of a building or land referred to in clause 61 for a purpose which, but for that clause, would be prohibited by this plan) in the same way as that provision applies to designated development.

cll 57: Am 14.11.2003.

58 Notice to Heritage Council

Before granting development consent to the demolishing, defacing or damaging of a heritage item of State significance, the consent authority must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.

cll 58: Am 14.11.2003.

59 Development of known or potential archaeological sites

(1)  The consent authority may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, being an assessment prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and

(b)  it has notified the Director-General of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent.

(2)  The consent authority may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, being an assessment prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and

(b)  it has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent.

60 Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.

61 Conservation incentives

(1)  The consent authority may grant consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:

(a)  the proposed use would not adversely affect the heritage significance of the item or heritage conservation area, and

(b)  the conservation of the building depends on the granting of the consent.

(2)  When considering an application for consent to erect a building on land on which a heritage item is located or on land within a heritage conservation area, the consent authority may, for the purpose of determining:

(a)  the floor space ratio, and

(b)  the number of parking spaces to be provided on the site,

exclude the floor space of the building from its calculation of the floor space of the buildings erected on the land, but only if the consent authority is satisfied that the conservation of the building depends on it making the exclusion.

Division 4 Additional uses

62 Particular development permitted with consent

Notwithstanding any provision of this plan to the contrary, a person may, with the consent of the consent authority, carry out development on the land referred to in Column 1 of the Table to this clause for the purpose specified (or carry out development of the kind specified) in Column 2 of that Table shown opposite that land, subject to compliance with the development standards (if any) specified in Column 3 of that Table shown opposite that land.

Table

Column 1	Column 2	Column 3
Land	Purpose or kind of development	Development standards
Part Lot 32, DP 733724, Main Road, Medowie	Those uses permitted with or without development consent within Zone No 3 (a) (Business General “A” Zone).
Lot 1511, DP 571854, Ferodale Road, Medowie	Those uses permitted with or without development consent within Zone No 3 (a) (Business General “A” Zone).
Lot 1, DP 249781, Ferodale Road, Medowie	Timber yard and the fabrication, storage, sale, hire and exhibition of hardware and building materials and associated products.
Lot 22, DP 748423, Marsh Road, Bobs Farm	Subdivision into 2 allotments and the erection of a dwelling-house or duplex on each lot so created.
Lot 1, DP 616451 and Lot 1, DP 24655, Sturgeon Street, Raymond Terrace	Subdivision of each lot into no more than 2 lots and the erection of not more than one dwelling or duplex on each vacant lot created by the subdivision.	Each allotment must have a minimum area of 4,000 square metres.
Part Portion 66, DP 753200, Italia Road, Balickera	One pre-cast concrete operating facility.	Not more than 1.6 hectares of the land is to be used for pre-casting operations, and the operations are to cease at the termination of the associated quarry operations.
Lots 50–144, DP 715013, Lots 1–13, DP 734433 and Lot 1 DP 810714, Salamander Way, Salamander	Subdivision of dual occupancy housing.
Part Lot 16, DP 258848, Nelson Bay Road, Fern Bay	Those uses permitted with or without development consent within Zone No 3 (a) (Business General “A” Zone).	Not more than 1 hectare of the land is to be used.
Lots 4 and 5, DP 233358, Lot 16, DP 258848, Part Water Reserves 61307 and 52573, Part Public Reserve 91676, Part 3, DP 753194, Parts 71, 72, 77, 91, 93 and 100, DP 753192, Road Reserves over Parts 71, 72, 77 and 100, DP 753192 and Parts 172 and 173, DP 753192, Stockton Bight, as shown on the map marked “Sand Mining at Stockton Bight”	Mineral sand mine.
Lots 1–26, DP 262789, Frederick Drive, Oyster Cove.	One dwelling or dual occupancy housing on each of the allotments.

cl 62, table: Am 26.4.2002; 22.8.2003; 5.9.2003.

Schedule 1 Classification and reclassification of public land as operational land

(Clause 43)

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Raymond Terrace
4 Jacaranda Avenue	Lot 2, DP 1014247	Nil.

sch 1: Subst 9.8.2002.

Schedule 2 Heritage

(Dictionary)

Part 1 Heritage items of State significance

Description
Anna Bay
DP 753204 31A and 33A Ocean Avenue (16.31/1 and 16.33/1)	Birubi Point Cemetery
Duns Creek
Lot 101, DP 549398 110 Paterson Road (803.110)	Duninald House Group—Old Duninald, including mature plantings, and landscape setting
Lot 50, DP 1003101 122 Paterson Road (803.122)	Duninald House Group—Duninald, including mature plantings, lagoon and landscape setting
Fingal Bay
Lot 177, DP 753204 1E Marine Drive (85.1/5)	Point Stephens Lighthouse Group, including lighthouse station, tower, remains of lighthouse keeper’s cottage
Hinton
Lot 801, DP 881208 35 Elizabeth Street (98.35)	Anglican Cemetery
Lots 36 and 38, DP 975910 42–44 Elizabeth Street (98.42 and 98.44)	Baptist Church
Pt Lot 31, DP 752487 1 Hinton Road (99.1)	School of Arts, including two large white marble war memorial plaques
Lot 7002, DP 1052993 7 Hinton Road (99.7)	Hinton Pioneer Cemetery
Lots 18–19, DP 1044452 Lots 20–23, DP 1053120 14 and 16 Hinton Road (99.14 and 99.16) 8 and 14 Swan Street (104.8 and 104.14) 33 and 43 Hunter Street (100.33 and 100.43)	Rosemount, including outbuildings, landscape setting and Bunya Pine trees
Lot 1, DP 65422 100 McClymonts Swamp Road (642.100)	Prospect House, including outbuildings and landscape setting
Paterson Street Hunter River	Hinton Bridge
Lot 100, DP 808856 20 Paterson Street (103.20)	Public school, including main building, shelter sheds, memorial gates
Karuah
Reserve No 40511 53C Tarean Road (121.53/3)	Karuah Cemetery
Nelson Bay
Lot 427, DP 39728 5A Lighthouse Road (1031.5/1)	Nelson Head Lighthouse, cottage and reserve
Lot 11, DP 841401 390 Nelson Bay Road (620.390)	Gan Gan Army Camp
Reserve No 82387 41A Stockton Street (239.41/1)	Nelson Bay Cemetery
Port Stephens
Lots 216–219, DP 1044608 35–37 Coxs Lane (524.35 and 524.37) 40–42 Stockton Bight Track (1009.40 and 1009.42) DP 753204 80 Nelson Bay Road (576.80) Reserve No 51277 384 Nelson Bay Road (544.384)	Stockton Beach Dune System, including Aboriginal site and shell middens, ship wrecks, WWII ramparts, tank traps, proofing range, rifle range and tin huts
Raymond Terrace
Pt Lot 20, DP 753161 Lot 7008, DP 1051708 1A and 2 Elizabeth Avenue (283.1/1 and 283.2)	Raymond Terrace Cemetery and Pioneer Hill Cemetery
Lot 5, DP 38912 6 Glenelg Street (289.6)	Part of St Johns Anglican Church Group—former school and rectory
Lot 13, Sec 15, DP 758871 54 Irrawang Street (295.54)	Part of St Brigid’s Catholic Church Group—St Brigid’s Convent
Lot 16, DP 547042 58 Irrawang Street (295.58)	Part of St Brigid’s Catholic Church Group—St Brigid’s Church Hall
Lot 11, DP 859130 1 Jacaranda Avenue (296.1)	Part of St Johns Anglican Church Group—former parish hall
Lot 1, DP 741492 7 King Street (301.7)	Part of King Street Group—residence (former hotel)
Lot 1, DP 737678 9 King Street (301.9)	Part of King Street Group—shop (former boot and shoe emporium)
Lot 1, DP 783549 11 King Street (301.11)	Part of King Street Group—shop and residence (former hardware store)
Lot 5, DP 707022 13 King Street (301.13)	Part of King Street Group—shop (former grocery store)
Lot 1, DP 301752 14 King Street (301.14)	Part of King Street Group—hall (former shop and residence)
Pt Lot 5, Sec 4, DP 758871 15 King Street (301.15)	Part of King Street Group—shop (former Princess Cafe, including leaded glass highlights over front door and windows)
Lot 14, DP 748967 17 King Street (301.17)	Part of King Street Group—shop (former drapery)
Pt Lot 5, Sec 4, DP 758871 18 King Street (301.18)	Part of King Street Group—brick warehouse (former bond store)
Lot 12, DP 711577 19 King Street (301.19)	Part of King Street Group—residence (former shop and residence)
Lot 10, DP 712299 21 King Street (301.21)	Part of King Street Group—shop (former shop and residence)
Port Stephens Street Road Reserve (Adam Place)	Ornamental planting of Phoenix canariensis (Canary Islands Date Palm)
Lots 3 and 4, Sec 9, DP 758871 45 and 45A Sturgeon Street (336.45 and 336.45/1)	Part of St Johns Anglican Church Group—church
Council Subdivision 54/536 48 Sturgeon Street (336.48)	Part of St Johns Anglican Church Group—rectory and ornamental planting of 2 Araucaria heterophylla (Norfolk Island Pine)
Lot 721, DP 805426 68 Wahroonga Street (346.68)	Kinross, including stone shed and landscape setting
Lot 10, Sec 11, DP 758871 57–59 William Street (350.59)	Courthouse
Lot 11, Sec 15, DP 758871 67 William Street (350.67)	Part of St Brigid’s Catholic Church Group—St Brigid’s Presbytery
Pt Lot 12, Sec 15, DP 758871 69 William Street (350.69)	Part of St Brigid’s Catholic Church Group—St Brigid’s Church
Seaham
DP 758899 10 Grape Street (733.10)	Seaham Cemetery
Lot 1, DP 563430 325 Italia Road (799.325)	Balikera House
Lot 10, DP 258195 and Lot 95, DP 42639 26 and 26A Warren Street (366.26 and 366.26/1)	Seaham Quarry, including interpretive sign originally installed by Professor Edgeworth David
Lots 4–7, Sec 31, DP 758899 47–53 Warren Street (366.47, 366.49, 366.51 and 366.53)	St Andrew’s Church
Lot 149, DP 1003827 100 Warren Street (488.100)	Brandon, including house, stables and landscape setting
Shoal Bay
Lot 454, DP 705463 2 Shoal Bay Road (385.2)	Remains of WWII fortifications, Fort Tomaree, including gun bases and torpedo tube bases, torpedo tube jetty
Lot 453, DP 705463 4 Shoal Bay Road (385.4)	Tomaree Holiday Lodge Precinct
Tanilba Bay
Lot 45, DP 16873 31 Admiralty Avenue (445.31)	Part of Henry Halloran Group—Mosaic Temple of the Stork
Road reserve—Avenue of the Allies (Haig Hexagon)	Part of Henry Halloran Group—Centenary Gateway (Water Arch), including avenue planting of Araucaria heterophylla (Norfolk Island Pine)
Road reserve—Avenue of the Allies (Foch Forum)	Part of Henry Halloran Group—Portal to the Peerless
Lot 1, DP 182666 Reserve No 63326 2B and 2C Caswell Crescent (449.2/2 and 449.2/3)	Part of Henry Halloran Group—Sunset Park, including 2 stone seats, large stone table, stone fire place and kilns
Lot 2, DP 548644 30 Caswell Crescent (449.30)	Part of Henry Halloran Group—Stone wall west of Tanilba House
Lot 13, DP 16873 30A Caswell Crescent (449.30/1)	Part of Henry Halloran Group—Palm Circle—specimens of Livistona australis (Cabbage Tree Palm)
Lot 1, DP 548644 32 Caswell Crescent (449.32)	Tanilba House, including remnants of convict barracks, garden cottage, water tank, stone walls, circular drive, wishing chair, direction finder, olive tree, rustic pergola and wisteria vine and garden setting, including Bunya Pine and fig tree
Lot 2, DP 182666 Lot 1, DP 848809 Lot 7018, DP 1052527 37A, 37B and 37C Caswell Crescent (449.37/1, 449.37/2 and 449.37/3)	Part of Henry Halloran Group—Meridian Park, including 6 Phoenix canariensis (Canary Islands Date Palm), remains of circle planting of Livistona australis (Cabbage Tree Palm), stone seat, relocated barbecue and possible site of 3 burials
Lot 36, DP 16873 44 Caswell Crescent (449.44)	Part of Henry Halloran Group—former summer house, remains of former barbecue and commemorative stone work
Road Reserve, Pomona Place	Part of Henry Halloran Group—former bathers’ changing room and circular rock wall
Tomago
Lot 1, DP 770610 102 Tomago Road (507.102)	Tomago House Chapel and landscape setting
Lot 1, DP 111486 106 Tomago Road (507.106)	Tomago House and its landscape setting, including pinetum and pleasure garden
Wallalong
Lot 577, DP 864399 76 Wallalong Road (623.76)	Wallalong House, including stables, outbuildings, gardens and landscape setting
Woodville
Clarencetown Road Paterson River	Dunmore Bridge
Lot 1, DP 137188 235 Clarencetown Road (603.235)	Former All Saints Church
Lot 101, DP 546779 80 Paterson Road (604.80)	Stradbroke, including stone barn, and landscaping setting

Part 2 Heritage items of local significance

Description
Anna Bay
Lot 884, DP 737049 296 Nelson Bay Road (15.296)	Underground water tank
East Seaham
East Seaham Road and Road Reserve	Road alignment and indigenous roadside vegetation, including Corymbia maculata (Spotted Gum), Eucalyptus siderophloia (Iron Bark), Eucalyptus fibrosa (Iron Bark), Eucalyptus tereticornis (Forest Red Gum) and Eucalyptus punctata (Grey Gum)
Lot 2, DP 214077 126A New Line Road (948.126/1)	Seaham Knitting Circle Memorial
Fullerton Cove
Lot 11, DP 258848 140 Fullerton Cove Road (523.140)	Stanley Park House
Glen Oak
Lot 227, DP 752497 1998 Clarencetown Road (624.1998)	Glen Oak School of Arts, including Memorial gates and war memorial plaque
Heatherbrae
Pacific Highway Road Reserve (adjacent to Lot 102, DP 807522)	Trees—2 specimen of Ficus macrophylla (Moreton Bay Fig)
Hinton
Lot 55, DP 975910 43 Elizabeth Street (98.43)	Former Police Station
Lot 1, DP 979470 49 High Street (3.49)	Wallalong/Bowthorne War Memorial
Lot 1, DP 75465 2 Paterson Street (103.2)	Victoria Hotel
Lot 21, DP 770598 13 Paterson Street (103.13)	Timber cottage
Lot 14, DP 975910 18 Paterson Street (103.18)	Timber cottage
Lot 70, DP 1045778 26 Paterson Street (103.26)	Georgian cottage
Lot 802, DP 881208 29 Paterson Street (103.29)	Former St John the Evangelist Church
Reserve No 10417 17 Swan Road (104.17)	Grandstand, Stuart Park
Karuah
Lot 6, DP 753196 1 Memorial Drive (122.1)	Karuah Town War Memorial (Memorial Park/Lion Park)
Lemon Tree Passage
Lot 1, DP 818801 60 Johnson Parade (143.60)	Johnson’s Cottage
Nelson Bay
Lot 1, DP 507368 16 Christmas Bush Avenue (192.16)	Former oil-burning street lamp—on boundary of Lot 1, DP 507368 and Lot 60, DP 24943
Laman Street Road Reserve	Former oil-burning street lamp—corner of Laman Street and Government Road
Reserve No 64421 Pt Lot 154, DP 753204 1A and 8 Laman Street (221.1/1 and 221.8)	Apex Park Group, including Cenotaph, well, remains of the memorial steps and tree—specimen of Ficus rubiginosa (Port Jackson Fig)
DP 753204 1 Lighthouse Road (1031.1)	The Native Flora Reserve, including site of former migrant camp, foundations of HMAS Assault, Aboriginal scar tree, burial site and below water artefacts and items including Higgins landing barges, army jeeps, various munitions and anchor of USS Henry S Grant
Raymond Terrace
Lot 11, DP 1034823 152 Adelaide Street Lot 2, DP 868750 14 Swan Street (1243.152 and 337.14)	Old school hall (Raymond Terrace Public School), including WWI school honour board
Lot 2, Sec 16, DP 758871 155 Adelaide Street (1243.155)	The Free Presbyterian Church of Eastern Australia
Lot 76, DP 621767 183 Adelaide Street (1243.183)	Woodlands—timber cottage
Lot 28, DP 753161 193 Adelaide Street (1243.193)	Tree—specimen of Ficus obliqua (Fig Tree)
Lot 4, DP 811055 12 Binns Street (265.12)	Roslyn, including house, outbuildings, mature trees and landscape setting
Pt Lot 2, Sec 9, DP 758871 12 Glenelg Street (289.12)	Former Ingleburn Private Hospital
Lot 1, DP 739811 3 Hunter Street (294.3)	Sandstone Block Timber Clad House
Lot 2, DP 522978 7 Hunter Street (294.7)	Cadell Cottage (former doctor’s house)
Lot 6, DP 38088 11 Irrawang Street (295.11)	Timber cottage (former mounted police barracks)
Boomerang Park Lot 1, DP 1018979 17E Irrawang Street (295.17/5)	Boomerang Park, including former stone quarry and mature tree plantings
Cnr Lot 2, DP 346695 70 Irrawang Street (295.70)	Bailiwick—cottage
Jacaranda Avenue Road Reserve (between Glenelg and Swan Streets)	Ornamental planting of Jacaranda trees (Jacaranda mimosifolia)
Lot 1, Sec 23, DP 1014247 2A Jacaranda Avenue (296.2/99)	Raymond Terrace War Memorial
Lot 13, DP 24939 13 Kia-ora Street (300.13)	Kia-ora, including mulberry tree beside driveway
Lot 1, DP 79440 16 King Street (301.16)	Tree—specimens of Ficus macrophylla (Moreton Bay Fig)—The Marriage Trees
Lot 4, Sec F, DP 939306 34 Port Stephens Street (327.34)	Timber cottage
Lot 41, DP 776800 61 Port Stephens Street (327.61)	Former Post Office
Lot 3, DP 252996 63 Port Stephens Street (327.63)	Former Schoolhouse
Pt Lot 10, Sec 3, DP 758871 72 Port Stephens Street (327.72)	Library (former Mayo’s Building)
Pt Lot 138, DP 24655 1 Sketchley Street (Pacific Highway) (573.1)	Tree—specimen of Ficus rubiginosa (Port Jackson Fig)
Lot 22, DP 613174 28 Sturgeon Street (336.28)	Euripides—stone cottage
Lot 23, DP 588932 12 Swan Street (337.12)	Roeth House—two-storey timber house
Pt Lot 138, DP 24655 8 Wahroonga Street (346.8)	Sabre jet fighter aircraft on display in Bettles Park
Lot 1, DP 734368 1A William Street (294.1/1)	Junction Inn
Lot 1, DP 111303 4 William Street (350.4)	Ralston’s Building (former AJS Bank)
Lot 1, DP 912155 14 William Street (350.14)	National Australia Bank
Lot 19, DP 770935 56 William Street (350.56)	Uniting Church, including bell tower and WWI honour board
Lot 10, Sec 11, DP 758871 59 William Street (350.59)	Police Station
William Bailey Street Hunter River	Fitzgerald Bridge
Seaham
Lot 1, Sec 31, DP 758899 4 Middle Crescent (359.4)	Tom McLennan’s Cottage—slab cottage
Lot 17, DP 881861 78A Seaham Road (488.78/1)	Eskdale House
Lot 8, Sec 10, DP 758899 10 Warren Street (366.10)	School of Arts, including memorial pillars and photographic collection of WWI servicemen, timber war memorial honour board, Friendly Society dispensation and Seaham ferry bell
Soldiers Point
Lot 321, DP 595752 147A Soldiers Point Road (442.147/1)	Grave of Cecilia Cromarty—adjacent to Seaview Crescent
Taylors Beach
Lot 636, DP 27628 14 Taylor Road (432.14)	Tree—specimen of Ficus rubiginosa (Port Jackson Fig)
Wallalong
Lot 140, DP 836929 44 McClymonts Swamp Road (642.44)	Former Wallalong Broom Factory
Williamtown
Lot 1, DP 832554 145 Cabbage Tree Road (520.145)	Devon House, including former Moxey’s slab cottage, dairy, hay shed and slab barn
Lot 1, DP 607447 199 Cabbage Tree Road (520.199)	St Saviour’s Anglican Church, including WWI memorial plaque
Woodville
Pt Lot 24, DP 10074 229 Clarencetown Road (603.229)	General store and Post Office
Pt Lot 51, DP 752451 29 Paterson Road (604.29)	School of Arts
Lot 1, DP 948190 70 Paterson Road (604.70)	Tressingfield (formerly Carlton Cottage), including gardens and landscape setting

Part 3 Archaeological sites

Description
Raymond Terrace
Lot 113, DP 733181 2 Pacific Highway (319.2)	Irrawang Pottery site
Swan Bay
Lot 1, DP 774880 35 Swan Bay Road (590.35)	Remains of the Port Stephens Fire Brick Company Works

Part 4 Potential archaeological sites

Description
Eagleton
Lot 2, DP 826917 57 Newline Road (810.57)	Eagleton Shipyard site
Seaham
Lot 2, DP 194920 110 East Seaham Road (811.110)	Burrowel Homestead, off Dixon Street
Lot 1, DP 538498 1 Warren Street (366.1)	Porphyry Point site
Woodville
Lot 2, DP 782062 27 Paterson Road (604.27)	Pomfrett’s Cottage— slab cottage

sch 2: Subst 14.11.2003.

Schedule 3 (Repealed)

sch 3: Rep 14.11.2003.

Dictionary

abattoir means a building or place used for the slaughter of animals, whether or not it is used for the processing, manufacture or distribution of animal by-products, and includes a knackery.

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

agriculture means the cultivation of crops, and the keeping and breeding of livestock, bees, worms or poultry and other birds, and the like, for commercial purposes, but does not include an intensive agricultural pursuit, intensive agriculture, or clearing.

airport means a landing and taking-off area for civil aircraft, with facilities for aircraft maintenance and passenger arrival and departure.

animal establishment means a building or place in or on which the commercial boarding, breeding, keeping, maintaining, receiving or training of horses, dogs or cats is carried out, and includes riding schools and the like.

appointed day means the day on which this plan takes effect.

aquaculture means the propagation or rearing of marine, freshwater or estuarine fish or other organisms and includes a farm established for that purpose using an artificially created body of water.

archaeological site means a site of archaeological significance listed in Part 3 of Schedule 2.

arterial road means any existing road that predominantly carries through traffic from region to another, identified as being arterial in the Council’s Road Hierarchy Policy.

bed and breakfast establishment means a dwelling-house used (in addition to its use as a principal place of residence) for the provision of temporary accommodation for not more than 6 tourists or travellers at any one time in not more than 3 bedrooms in the dwelling-house.

boarding-house means a building or place:

(a)  where accommodation, meals and laundry facilities are provided to the residents of the building or place, and

(b)  which is the principal place of residence of the majority of residents, and

(c)  which is not licensed to sell liquor under the Liquor Act 1982.

brothel means premises habitually used for the purposes of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution. It includes any premises where acts of prostitution take place, irrespective of any other services which may also be provided, such as massage, relaxation therapy, photography, or other services of a like nature.

bulky goods sales room or showroom means a building or place used for the retail sale or auction, or the hire or display of goods or materials which are of a size, shape or weight requiring:

(a)  a large area for handling, storage or display, or

(b)  direct vehicular access to the site by the public, for loading items into their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs or clothing.

bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.

bushfire hazard reduction means the removal, burning or destruction of any inflammable matter or other material necessary for the prevention of the outbreak, spread or extension of a bushfire or other fire.

camp or caravan site means a site used for the purpose of:

(a)  placing moveable dwellings within the meaning of the Local Government Act 1993 for permanent accommodation, or for the temporary accommodation of tourists, or

(b)  the erection, assembly or placement of cabins for the temporary accommodation of tourists.

child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990, and

(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).

clearing means any manner of destruction or removal of a tree, shrub or plant (otherwise than as exempted by the Council’s adopted tree preservation order) up to an area of 2 hectares and includes the severing or lopping of branches, limbs, stems or trunks of a tree, shrub or plant.

club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Dictionary.

community facility means a building or place operated by a public authority or by a corporation which provides for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place defined elsewhere in this Dictionary.

community land means land classified or reclassified as community land within the meaning of the Local Government Act 1993.

Council means the Council of Port Stephens.

dam means a water storage structure with earthen walls or walls made of other material.

demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.

depot means a building or place used for the servicing, repair and storage of any plant, machinery, motor vehicles or stock of materials or spare parts used in the course of any one business or industrial undertaking or public utility undertaking, but does not include any part of the building or place used for sales by retail, wholesale or otherwise.

dual occupancy housing means housing consisting of 2 (but not more than 2) dwellings, whether attached or detached, on a single allotment of land (or which would be on a single allotment were it not for the fact that the allotment is to be subdivided as part of the development that gives rise to the existence of the 2 dwellings on the land concerned).

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

dwelling-house means a building containing 1 but not more than 1 dwelling.

earthworks means the addition to or removal of any solid material on any land or any other work which will alter the existing ground level or character of the surface of that land, including land filling, drainage works and excavation of open drains.

educational establishment means a building or place used as a school, college, university, technical college, academy, lecture hall, gallery or museum, and includes the use of the building or place for any community use, commercial operation or associated ancillary uses, but does not include a building used wholly or principally as an institution or child care centre.

exhibition home means a building not used for residential purposes, constructed as a dwelling, and temporarily on display to the public for promotional purposes and includes a sales office.

extractive industry means:

(a)  the winning of extractive material including sand, gravel, clay, turf, soil, rock, stone or similar substances, or

(b)  an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

flood prone land means land indicated on the map marked “Flood Prone Land” as amended from time to time.

forestry includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, other than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external closing walls as measured at a height of 1,400 millimetres above each floor level excluding:

(a)  columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external walls, and

(b)  lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, and

(c)  car-parking needed to meet any requirements of the council and any internal access thereto, and

(d)  space for the loading and unloading of goods.

hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from other land in the locality that is used or likely to be used, for other purposes) would pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

hazardous storage establishment means a building or place at which goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the establishment from other land in the locality that is used, or likely to be used, for other purposes), would pose a significant risk in the locality:

(a)  to human health, life or property, or

(b)  to the biophysical environment.

health care professional means a person who provides professional health services to members of the public, and includes:

(a)  a podiatrist registered under the Podiatrists Act 1989,

(b)  a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991,

(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945, and

(d)  an optometrist registered under the Optometrists Act 1930.

health consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling-house and used by not more than two legally qualified medical practitioners or by not more than two dentists within the meaning of the Dentists Act 1989, or by not more than two health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than two employees in connection with that practice.

height, in relation to a building, means the maximum height of the building measured vertically from the natural ground level or the finished ground level of the completed building, whichever is the lower.

helicopter landing site means a place not open to the public used for the take off and landing of helicopters.

heliport means a place open to the public used for the take-off and landing of helicopters, whether or not it includes:

(a)  a terminal building, or

(b)  facilities for the parking, storage or repair of helicopters.

heritage conservation area means land shown edged heavy black on the map marked “Port Stephens Heritage Conservation Area” and includes buildings, works, relics, trees and places situated on or within that land.

heritage item means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) listed in Part 1 or 2 of Schedule 2.

heritage item of local significance means a heritage item listed in Part 2 of Schedule 2.

heritage item of State significance means a heritage item listed in Part 1 of Schedule 2.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

home employment means the use of any land or buildings within an allotment on which a dwelling is located, for any office, industry or business, but only where such use:

(a)  is undertaken by the permanent residents of the dwelling whether or not others are also employed, and

(b)  does not interfere with the amenity of the adjoining properties or the locality in which the dwelling is situated, and

(c)  does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, and

(d)  does not require the provision of any essential service main of a greater capacity than that available in the locality,

but does not include the use of the land or buildings for a home occupation or a brothel.

home occupation means an occupation carried on in a dwelling-house or in a dwelling in urban housing by the permanent residents of the dwelling-house or dwelling which does not involve:

(a)  registration of the building under the Factories, Shops and Industries Act 1962, or

(b)  the employment of persons other than those residents, or

(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste waters, waste products or grit or oil or otherwise, or

(d)  the display of goods, whether in a window or otherwise, or

(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling-house, dwelling, front fence or a pole within the property boundary such that the height of the sign is not more than 1.5m, to indicate the name and occupation of the resident), or

(f)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and

(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

hotel means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.

industry means the manufacturing, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, breaking up, or adapting of any goods or any articles or any part of an article for trade or sale or gain, or as ancillary to any business, but does not include an activity elsewhere defined in this Dictionary.

institution means a penal or reformative establishment.

intensive agricultural pursuit (in relation to land in the Williams River catchment) means the use of land for agricultural purposes which include market gardening, mushroom growing, fruit growing, flower growing, viticulture, milking in a shed designed for that purpose, aquaculture or intensive animal husbandry, but does not include the use of an animal boarding or training establishment or any cultivation or husbandry carried out mainly for the personal enjoyment or consumption of its produce by the owner or occupier of the land.

intensive agriculture (except in relation to land in the Williams River catchment) means any form of agriculture or horticulture which:

(a)  involves the confinement in an area with watering and feeding facilities where the animals are completely hand or mechanically fed for the purpose of production, or

(b)  requires particular treatment or practices for the management of liquid or solid wastes to prevent the pollution of any part of the environment, or

(c)  requires separation from surrounding land uses to minimise the risk of land use conflict or for any other reason.

intensive animal husbandry means the commercial breeding, boarding or nurturing, by a feeding method other than natural grazing, of cattle, pigs, sheep, goats, poultry or other livestock and may involve:

(a)  feed lots containing more than 5 cattle, and

(b)  piggeries containing more than 5 pigs, and

(c)  poultry farming establishments containing more than 20 birds.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

main road means a main road within the meaning of the Roads Act 1993.

maintenance dredging means removal of material from the sea or harbour bed or the bed of a river where the activity is for the purpose of maintaining the previously established harbour or river depth.

major road frontage in relation to land, means the frontage of that land to:

(a)  a main or arterial road, or

(b)  a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.

marina means a pontoon, jetty, pier, wharf or the like, used or intended to be used to provide moorings for boats used for pleasure, recreation or commercial purposes and includes:

(a)  slipways, and

(b)  facilities for the repair, maintenance and fuelling of or the provision of accessories and parts for, boats or boating enthusiasts, and

(c)  facilities for the storage or provision of food, and

(d)  facilities for wholesale and retail sales, and for commercial, industrial and heavy engineering works and other activities connected with the fishing industry.

material recycling facility means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.

medical centre means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

mineral sand mine means a mine for or in connection with the obtaining of ilmenite, monazite, rutile, zircon or similar materials.

mine means any place at which there is obtained, or from which there is removed, any material to which the Mining Act 1992, the Coal Mines Regulation Act 1982, or the Petroleum (Onshore) Act 1991 applies, and includes a place used for the storage and primary processing of the material obtained.

mortuary means a building used for the preparation or storage of bodies before their burial or cremation, and may include a viewing room.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed therein or thereon.

natural ground level of a site means the level of the site as if the site were undeveloped.

offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the industry from other land in the locality that is used, or likely to be used, for other purposes), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on the use of that other land in the locality.

offensive storage establishment means any establishment at which goods, materials or products are stored and which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (such as measures to isolate the establishment from other land in the locality that is used, or likely to be used, for other purposes), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on the use of that other land in the locality.

operational land means land classified or reclassified as operational land within the meaning of the Local Government Act 1993.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.

place of public worship means a building or place used for the purpose of religious worship, by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

potential archaeological site means a site listed in Part 4 of Schedule 2 and includes a site known to the Council to have archaeological potential even if it is not so identified.

race track means a place used for racing activities involving motor vehicles and includes associated training and servicing whether or not the place is also used in part for a club.

recreation area means:

(a)  a children’s playground,

(b)  an area used for sporting activities or sporting facilities,

(c)  an area used to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d)  an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse, race track or a showground.

recreation facility means a building or place used for sporting, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere specifically defined in this Dictionary.

relic means any deposit, object or material evidence (which may consist of human remains) relating to:

(a)  the use or settlement of the area of Port Stephens, not being Aboriginal habitation, which is more than 50 years old, or

(b)  Aboriginal habitation of the area of Port Stephens before or after its occupation by persons of European extraction.

restaurant means a building or place used principally for providing prepared food to people for consumption on the premises or to take away (or for preparing both kinds of food).

restricted premises means a building or place at which:

(a)  publications classified Category 1 restricted or Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

retail plant nursery means a building or place primarily used for the retail selling of plants, whether or not it is also used for the sale of landscaping supplies (including earth products) or other landscaping and horticultural products.

reticulated water and sewerage services means water and sewerage services which are part of a system provided or operated (or both) by the responsible water or sewerage authority for the particular area (being Hunter Water Corporation).

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

roadside stall means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.

RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

rural industry means the handling, treating, processing or packing of primary products and the processing of extractive materials.

service station means a building or place used for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a)  the hiring of trailers,

(b)  the retail selling or the installing of spare parts and accessories for motor vehicles,

(c)  the washing and greasing of motor vehicles,

(d)  the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e)  the retail selling or hiring of small consumer goods.

shop means a building or place used for the purposes of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Dictionary, or a building or place used for a purpose elsewhere specifically defined in this Dictionary.

telecommunications facility means a tower, pole or mast for the purpose of providing communications by means of electromagnetic energy and includes the construction of the facility, the attachment of the facility to any building or structure, or any activity that is ancillary or incidental to the installation of the facility, but does not include an antenna.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the series of maps marked “Port Stephens Local Environmental Plan 2000”, as amended by the maps (or specified sheets of the map) marked as follows:

Port Stephens Local Environmental Plan 2000 (Amendment No 1)

Port Stephens Local Environmental Plan 2000 (Amendment No 3)

Port Stephens Local Environmental Plan 2000 (Amendment No 6)

Port Stephens Local Environmental Plan 2000 (Amendment No 8)

Port Stephens Local Environmental Plan 2000 (Amendment No 14)

Port Stephens Local Environmental Plan 2000 (Amendment No 16)

tourist boat means a boat taking fare paying passengers, being a boat that is berthed or based in Port Stephens for more than 20 days per annum.

tourist facility means an establishment providing primarily for tourist accommodation or recreation, or both.

urban housing means housing consisting of 3 or more dwellings (whether attached or detached).

utility installation means a building or work used for a utility undertaking.

utility undertaking means any undertaking carried on by or under the authority of any government department, or in pursuance of any Commonwealth or State Act, for the purpose of:

(a)  railway, road, water or air transport, or wharf or river undertakings, or

(b)  the provision of sewerage or drainage services, or

(c)  the supply of water, hydraulic power, electricity or gas, or

(d)  firefighting facilities, or

(e)  paramedical facilities.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purposes of treatment.

warehouse means a building or place used for the storage of goods, merchandise or materials:

(a)  pending their sale and distribution to persons engaged in the retail trade, or

(b)  on a casual or hire basis,

and includes any ancillary showroom.

Williams River means the Williams River and its tributaries (including any creek, stream or land along which water flows permanently or intermittently and which is so shown in respect of the land to which this plan applies on a 1:25,000 topographic map issued by the Department of Land and Water Conservation).

Williams River catchment means the land shown on the map marked “Williams River Catchment Regional Environmental Plan 1997” (kept in the Newcastle office of the Department of Urban Affairs and Planning, and copies of which are kept in the offices of Dungog Shire Council and Port Stephens Council) being the land from which surface water run-off resulting from rainfall flows directly or indirectly in the Williams River.

Dictionary: Am 1.2.2002; 9.8.2002; 15.8.2003; 22.8.2003; 5.9.2003; 7.11.2003; 14.11.2003.