Wyong Local Environmental Plan 1991

Part 1 Preliminary

1 Name of plan

This plan may be cited as Wyong Local Environmental Plan 1991.

2 Aims, objectives etc

(1)  In accordance with the objects of the Act, the overall aims of this plan are:

(a)  to promote the management, development, conservation and economic use of the resources of the Shire of Wyong and to protect the amenity of its environment, and

(b)  to provide a comprehensive planning instrument for the Shire that is clear and explicit but which provides flexibility in its application, and

(c)  to facilitate and encourage ecological, economic and social sustainability.

(2)  The objectives of this plan are:

(a)  in relation to population and housing:

(i)  to provide opportunity for the development of a wide range of housing stock commensurate with the changing characteristics of the Shire’s population,

(ii)  to encourage residential development that will achieve efficient use of existing physical and social infrastructure, and

(iii)  to provide for new urban development in areas that can be economically serviced and that are environmentally suitable,

(iv)    (Repealed)

(b)  in relation to employment and economic development:

(i)  to facilitate employment generating development which will contribute to the economic and social growth of the Shire of Wyong, and

(ii)  to provide for appropriate home-based employment opportunities, and

(iii)  to encourage mixed use development in appropriate locations,

(c)  in relation to retailing and commerce, to maintain and reinforce the viability of commercial centres in a manner appropriate to their functional role,

(d)  in relation to leisure and tourism, to provide for appropriate open space and tourist development opportunities and to allow for the development of a variety of recreation and leisure activities commensurate with the size and preference of the population and the Shire’s role as a tourist location,

(e)  in relation to community services, to allow for the provision of a variety of community facilities appropriate to the needs of the people of the Shire of Wyong,

(f)  in relation to transport:

(i)  to delineate the arterial road network and to facilitate the free flow of traffic thereon,

(ii)  to provide for additions to a realignments of the road network, and

(iii)  to provide for regional aerodrome facilities,

(g)  in relation to rural and environmental areas:

(i)  to protect environmentally sensitive areas from development and minimise adverse impacts of urban development on the natural environment,

(ii)  to restrict development within flood prone areas in order to minimise flood damage and obstruction to flood waters, and

(iii)  to encourage use of land having a high agricultural potential for that purpose and as much as possible direct non-agricultural purposes to land of lesser agricultural potential,

(h)  in relation to conservation, to protect, conserve and provide for the enhancement of items of environmental heritage,

(i)  in relation to administration, to provide guidance in the facilitation and management of development in Wyong through enunciation of the Council’s environmental planning objectives, and

(j)  in relation to tree preservation:

(i)  to minimise land degradation, and

(ii)  to conserve trees and native vegetation, and

(iii)  to ensure that development and land management practices do not have adverse effects on water catchments, water quality and important eco-systems such as streams, estuaries and wetlands.

(3)  The particular objectives of each zone are set out in the Table to clause 10.

cl 2: Am 24.10.1997; 6.8.1999; 28.11.2003.

3 Land to which plan applies

This plan applies to all land within the local government area of Wyong.

cl 3: Subst 24.10.1997.

4 Relationship to other environmental planning instruments

(1)  This plan repeals certain local environmental plans which apply to the land to which this plan applies in the manner set out in clause 5.

(2)  Nothing in this plan affects the provisions of Sydney Regional Environmental Plan No 8 (Central Coast Plateau Areas) as it applies to land within the area of Wyong.

cl 4: Am 24.10.1997; 17.5.2002.

5 Repeal of certain local environmental plans

(1)  The following are repealed:

Wyong Local Environmental Plan 1987—Urban Lands,

Wyong Local Environmental Plan 1987—Rural Lands,

Wyong Local Environmental Plans Nos 123 and 124,

All other local environmental plans (except this plan) that, before the commencement of Wyong Local Environmental Plan 1991 (Amendment No 93), applied to land to which this plan applies.

(2)  Any such repeal does not affect any amendment made to this plan before the commencement of Wyong Local Environmental Plan 1991 (Amendment No 93).

cll 5: Subst 24.10.1997.

6 Adoption of Model Provisions

(1)  The Environmental Planning and Assessment Model Provisions 1980 (except clauses 4 and 5 (1)–(4), 7–10, 12–34 and 35 (b) and (c)) are adopted for the purposes of this plan.

(2)  For the purposes of this plan, the Environmental Planning and Assessment Model Provisions 1980 are to be read as if clause 11 of Schedule 1 did not include work for the purposes of flood mitigation undertaken by the Council or by a person acting on behalf of the Council.

cll 6: Subst 24.10.1997.

7 Definitions

(1)  In this plan:

abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed, and includes a knackery.

acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General.

Acid Sulfate Soils Planning Maps means the series of maps (dated December 1997) produced by the then Department of Land and Water Conservation for the purpose of identifying land affected by acid sulfate soils, and held at the offices of Wyong Council.

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

aerodrome has the meaning ascribed to it in the Air Navigation Regulations made pursuant to the Air Navigation Act 1920 of the Commonwealth.

agriculture means the sustainable use of land for:

(a)  the cultivation of fruit, vegetable or flower crops, or

(b)  the keeping or breeding of livestock, bees or poultry or other birds, or

(c)  the cultivation of plants in a wholesale plant nursery, for commercial purposes,

but, in the Table to clause 10, does not include intensive agriculture.

alter, in relation to a heritage item or to a building or work within a conservation area, means:

(a)  make structural changes to the heritage item, building or work, or

(b)  make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, not including changes that merely maintain the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

animal establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes and includes a riding school.

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

aquaculture means the cultivation (including propagating and rearing) of the living resources of the sea or inland waters, whether or not that cultivation is carried out in a farm established for that purpose using an artificially created body of water.

archaeological site means a site that contains either an Aboriginal place or relic within the meaning of the National Parks and Wildlife Act 1974 or a relic within the meaning of the Heritage Act 1977.

arterial road means a road that carries through traffic from one area or region to another, which may or may not be a classified road within the meaning of the State Roads Act 1986.

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 not licensed to sell liquor under the Liquor Act 1982.

brothel means any premises made available for the purposes of prostitution by a person carrying on the business of providing prostitution services at the premises and, for the purposes of this definition, prostitution means the provision by a person, or persons, to or for another person (whether or not of a different sex) of sexual services in return for payment or other reward.

building height map means:

(a)  in relation to clauses 42B, 42C and 42CA, the map marked “Building Heights Map—Wyong Local Environmental Plan 1991 (Amendment No 118)”, and

(b)  in relation to clause 42E, the map marked “Building Heights Map—Wyong Local Environmental Plan 1991 (Amendment No 147)”.

building products sales room or showroom means a building or place used for the display or sale of materials or goods used as fixed components of residential construction.

bulky goods sales room or showroom means a building or place used for the sale by retail or auction, the hire or display of items (whether goods or materials) which are of such a size, shape or weight as to require:

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

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into their vehicles after purchase,

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

bushfire hazard reduction means a reduction (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard but, in the Table to clause 10, does not include a work elsewhere specifically defined in this clause.

caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation or the erection, assembly or placement of cabins for temporary accommodation of tourists.

carparking station means a building or place used for the purpose of accommodating vehicles on payment of a fee or charge, but does not include:

(a)  a parking space on a public road or public place for which a fee is charged by way of a parking meter, or

(b)  public car parking provided by the Council, whether or not a fee is charged, or

(c)  parking space required to be provided in a building as a condition of development consent.

child care centre means a building or place used for the purpose of supervising or caring for children which:

(a)  caters for 6 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and

(b)  may include an educational function, and

(c)  may operate for the purposes of gain,

but does not include a building or place providing residential care for those children.

clearing means any one or more of the following:

(a)  cutting down, felling, thinning, logging or removing native vegetation,

(b)  killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation,

(c)  severing, topping or lopping branches, limbs, stems or trunks of native vegetation,

(d)  substantially damaging or injuring native vegetation in any other way.

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 clause or a building or place used for a purpose elsewhere specifically defined in this clause.

communications facility means a building, structure, work or place used primarily for the purposes of transmitting or receiving signals for the purposes of communication, including radio masts, and towers, satellite disks and the like.

community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere specifically defined in this clause.

Council means the Council of the Shire of Wyong.

dam means any artificial pond or barrier to constrain or retard water movement.

demolition, in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.

Department means the Department of Urban Affairs and Planning.

depot means a building or place used only for the storage (but not sale) of any plant, machinery, materials or goods used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere specifically defined in this clause.

detached dual occupancy means two dwelling-houses on one allotment of land.

Director means the Director-General of the Department of Urban Affairs and Planning.

drainage means any activity which intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It includes the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either in the locality or in such a manner as to encourage drainage of an adjoining locality.

dual occupancy building means a building consisting of 2 dwellings on one allotment of land.

dwelling means a room or number 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 one, but not more than one, dwelling.

education establishment means a building or place used for education (such as teaching) and includes:

(a)  a school, and

(b)  a tertiary institution, being a university, college of advanced education, teachers’ college, technical college or other tertiary college providing a formal education, and

(c)  an art gallery or museum, not used to sell the items it displays,

whether or not it provides accommodation for staff and students and whether or not it is operated for the purpose of gain.

entertainment facility means a building or place designed, equipped and used for the purpose of sport, entertainment, exhibitions or displays, and includes:

(a)  sports stadiums, showgrounds, race courses and the like, and

(b)  theatres, cinemas, music halls, concert halls, open air theatres, and drive-in theatres and the like.

exempt vegetation management works includes any one or more of the following works:

(a)  the removal of any tree or native vegetation if, in the opinion of the Council, the tree or native vegetation is dangerous,

(b)  the removal of any tree or native vegetation to facilitate emergency access by the Council or another public authority,

(c)  the removal of any tree or native vegetation authorised under a bush fire hazard reduction certificate within the meaning of the Rural Fires Act 1997,

(d)  the removal of undesirable species.

exhibition home means a dwelling used for the display of that building to the general public for business or commercial purposes.

extractive industry means:

(a)  development involving the winning or removal of extractive material from land, or

(b)  an industry or undertaking (other than a mine) which depends for its operation on the winning or removal of extractive material from land on which it is carried on and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

extractive material means sand, gravel, clay, turf, soil, rock, stone or similar substances.

flood mitigation work includes any work or other development which intentionally or otherwise alters the characteristics of flood waters so as to minimise or alter their level, location, volume, speed or timing. It includes construction or enlargement of any fill, wall, levee or bund which will alter surface drainage or tidal action.

floor means that space within a building which is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.

floor space ratio means the ratio of the gross floor area of a building to the site area of the building.

forestry includes arboriculture, silviculture, and the destruction of trees and shrubs for the purpose of:

(a)  afforestation, forest protection and cutting, dressing and preparing (otherwise than in a sawmill) wood and other forest products,

(b)  establishing roads necessary for the removal of wood and forest products, or

(c)  forest protection.

general store means a shop which sells a variety of small consumer goods.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

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 enclosing 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 lines of the outer face of the external wall,

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

(c)  car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to the car parking, and

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

group home means a dwelling (other than a transitional group home):

(a)  used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and

(b)  occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required.

hazardous industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment.

hazardous storage establishment means any establishment where 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 (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:

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

(b)  to the biophysical environment.

heliport means a place used for the taking 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 item means a building, work, relic, tree or place described in Schedule 1 and shown edged heavy black on the heritage map.

heritage item of local significance means a heritage item classified by the word “Local” in Column 2 of Schedule 1 opposite that item.

heritage item of regional significance means a heritage item classified by the word “Regional” in Column 2 of Schedule 1 opposite that item.

heritage item of State significance means a heritage item classified by the word “State” in Column 2 of Schedule 1 opposite that item.

heritage map means the series of maps marked “Wyong Local Environmental Plan 1991—Heritage”, as amended by the maps (or, if any sheets of the maps are specified, by the specified sheets of the maps) marked as follows.

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Wyong Local Environmental Plan 1991—Heritage (Amendment No 144)

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

home business means a business, industry, occupation or profession carried on within a dwelling or the curtilage of a dwelling by the permanent residents of the dwelling, which does not involve:

(a)  interference with the amenity of the locality in which the dwelling is situated by way of pollution or exposure to unsightly matter,

(b)  the display or sale of goods other than those produced on the premises at which the home business is carried out,

(c)  the provision of any essential service main of a greater capacity than that already available in the locality,

(d)  more than one person other than the permanent residents of the dwelling being employed,

(e)  the generation of traffic or a carparking demand, which would adversely affect the amenity of the locality, or

(f)  the exhibition of any advertisement or sign, other than one exhibited on the dwelling or within the curtilage of the dwelling to indicate the name and occupation of the resident and which would fit within a rectangular figure 0.8 metres in length and 0.4 metres in breadth.

home occupation means the use of a dwelling or the curtilage of a dwelling by the permanent residents of the dwelling for the purposes of an office or business, which does not involve:

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

(b)  interference with the amenity of adjoining properties or the locality in which the dwelling is situated,

(c)  the display or sale of goods other than those produced on the premises at which the home occupation is carried out,

(d)  the provision of any essential service main of a greater capacity than that already available in the locality,

(e)  the generation of traffic or a carparking demand which would adversely affect the amenity of the locality,

(f)  persons other than the permanent residents of the dwelling being employed in that use,

(g)  the exhibition of any advertisement or sign, other than one exhibited on the dwelling or within the curtilage of the dwelling to indicate the name and occupation of the resident and which would fit within a rectangular figure 0.8 metres in length and 0.4 metres in breadth, or

(h)  the exposure to view from any adjacent properties of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods.

hospital means a building or place used for 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.

hotel means any premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.

housing for older persons or people with a disability means residential accommodation, which may take any building form, which is or is intended to be used permanently as housing for the accommodation of aged persons or disabled persons, and which may consist of hostels or a grouping of 2 or more self-contained dwellings, or a combination of both, and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

(a)  accommodation for staff employed in connection with that accommodation,

(b)  chapels,

(c)  medical consulting rooms,

(d)  meeting rooms,

(e)  recreational facilities,

(f)  shops,

(g)  therapy rooms,

(h)  any other facilities for the use or benefit of older persons or persons with a disability.

industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or any articles, and excludes any other use elsewhere specifically defined in this clause.

intensive agriculture means any form of agriculture which requires the waste, including faeces, to be disposed of on land which is not simultaneously used for the nurturing of livestock or poultry.

large scale commercial premises means a building or place, or part of a building or place, which has a minimum gross floor area of 200m² and is used for the purposes of an office or other business or commercial purposes by a single occupancy, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

large scale retail establishment means a building or place, or part of a building or place, which has a minimum gross floor area of 200m² and is used for retail sales as a single retail outlet by an individual occupant, but does not include such a building or place used for the purposes of:

(a)  a supermarket or other foodstuffs or produce sales (excluding that sold by a restaurant), and

(b)  clothing sales or display (other than clothing essential for sporting activity and sold in conjunction with sporting goods).

light industry means an industry in which the processes carried out, the transportation involved, and the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in the Table to clause 10) does not include a land use elsewhere specifically defined in this clause.

marina means a pontoon, jetty, pier or the like, used to provide moorings for boats used for pleasure or recreation, 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.

materials recycling depot means a building or place used for the collecting, dismantling, storing, abandoning or recycling of second hand or scrap materials for the purpose of resale.

medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to outpatients only, but does not include a building or place elsewhere specifically defined in this clause.

methadone clinic means a building or place used for the purpose of providing drug rehabilitation services, being the dispensing of methadone, requiring the approval of the Director-General of the Department of Health under section 28A of the Poisons Act 1966 and may also be used for preventative care, diagnosis, medical treatment or counselling, but to outpatients only.

mining means the winning of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies and may include the storage and primary processing of the material obtained.

motel means premises (not being a hotel) used for the temporary or short-term accommodation of travellers.

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 in conjunction with the use.

native vegetation means any of the following types of indigenous vegetation:

(a)  trees,

(b)  understorey plants,

(c)  groundcover,

(d)  plants occurring in a wetland.

nutrient control facility means any engineered work designed to remove trash, nutrients or sediment from a drainage line.

offensive industry means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality (including, for example, measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.

offensive storage establishment means any establishment where 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 (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or the existing or likely future development on other land in the locality.

palliative day care centre means a building or a place used for the counselling and therapy of terminally ill patients, whether or not the families and carers of the terminally ill are also treated, but does not include overnight accommodation for such persons.

passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport.

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

plant hire establishment means a building or place used for the display and hire of machinery, tools or equipment which requires:

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

(b)  direct vehicle access to the site of the building or place for the purpose of loading or unloading the machinery, tools or equipment, into or off vehicles, prior to or following their hire.

plant nursery means a building or place used for the propagation, growing and selling by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold there.

potential archaeological site means an area identified as a potential “archaeological site” in a Development Control Plan adopted by the Council for the time being.

reception establishment means a building or place used for the purpose of wedding receptions or the like, and may or may not include a convention centre or function rooms.

recreation area means:

(a)  a children’s playground,

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

(c)  an area used by the Council to provide recreation for the physical, cultural or intellectual welfare of the community, or

(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 recreation for those persons,

but (in the Table to clause 10) does not include a building or place elsewhere specifically defined in this clause.

recreation facility means a building or place designed, equipped and used for indoor recreation, such as a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley and fun parlour, whether used for the purpose of gain or not, but (in the Table to clause 10) does not include anything elsewhere defined in this clause.

registered club means a building or place which is used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976.

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

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

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

residential flat building means a building containing 3 or more dwellings.

restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises or via a drive-through facility, or both.

road means any way or street open to the public for the passage of vehicles, persons or animals.

road transport terminal means a building or place used mainly for the temporary storage and bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and may include facilities for the parking, servicing and repair of those vehicles, but does not include a warehouse.

roadside stall means a place or temporary structure used for selling by retail agricultural produce produced on an adjacent allotment of land.

rural industry means a business activity involving:

(a)  the handling, treating, processing or packing of primary products, or

(b)  the regular servicing or repairing of plant or equipment used for the purposes of agriculture, aquaculture, or for the purposes of a business activity referred to in paragraph (a).

sawmill means a mill handling, cutting and processing timber from logs or baulks.

self storage establishment means a building or group of buildings operated as a single entity which provides individual enclosed storage of non-hazardous goods, merchandise or materials.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products whether or not the building or place is also used for any 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)  washing and greasing of motor vehicles,

(d)  repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating or spray painting), and

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

shop means a building or place used for the purpose of the selling (whether by retail or auction), hiring or displaying for the purpose of selling or hiring of items (whether goods or materials), but does not include a building or place elsewhere specifically defined in this clause, or a building or place used for a purpose elsewhere specifically defined in this clause.

site area, in relation to development, means the area of land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this plan or any other environmental planning instrument.

stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Wyong Local Environmental Plan 1991”, as amended by the maps or specified sheets of maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Wyong Local Environmental Plan 1991 (Amendment No 1)

Wyong Local Environmental Plan 1991 (Amendment No 2)

Wyong Local Environmental Plan 1991 (Amendment No 3)

Wyong Local Environmental Plan 1991 (Amendment No 4)

Wyong Local Environmental Plan 1991 (Amendment No 5)

Wyong Local Environmental Plan 1991 (Amendment No 6)

Wyong Local Environmental Plan 1991 (Amendment No 7)

Wyong Local Environmental Plan 1991 (Amendment No 9)

Wyong Local Environmental Plan 1991 (Amendment No 12)

Wyong Local Environmental Plan 1991 (Amendment No 13)

Wyong Local Environmental Plan 1991 (Amendment No 14)

Wyong Local Environmental Plan 1991 (Amendment No 15)

Wyong Local Environmental Plan 1991 (Amendment No 16)

Wyong Local Environmental Plan 1991 (Amendment No 18)

Wyong Local Environmental Plan 1991 (Amendment No 19)

Wyong Local Environmental Plan 1991 (Amendment No 23)

Wyong Local Environmental Plan 1991 (Amendment No 24)

Wyong Local Environmental Plan 1991 (Amendment No 25)

Wyong Local Environmental Plan 1991 (Amendment No 27)

Wyong Local Environmental Plan 1991 (Amendment No 28)

Wyong Local Environmental Plan 1991 (Amendment No 29)

Wyong Local Environmental Plan 1991 (Amendment No 30)

Wyong Local Environmental Plan 1991 (Amendment No 33)

Wyong Local Environmental Plan 1991 (Amendment No 34)

Wyong Local Environmental Plan 1991 (Amendment No 35)

Wyong Local Environmental Plan 1991 (Amendment No 37)

Wyong Local Environmental Plan 1991 (Amendment No 38)

Wyong Local Environmental Plan 1991 (Amendment No 40)

Wyong Local Environmental Plan 1991 (Amendment No 41)

Wyong Local Environmental Plan 1991 (Amendment No 42)

Wyong Local Environmental Plan 1991 (Amendment No 45)

Wyong Local Environmental Plan 1991 (Amendment No 47)

Wyong Local Environmental Plan 1991 (Amendment No 48)

Wyong Local Environmental Plan 1991 (Amendment No 50)

Wyong Local Environmental Plan 1991 (Amendment No 51)

Wyong Local Environmental Plan 1991 (Amendment No 54)

Wyong Local Environmental Plan 1991 (Amendment No 55)

Wyong Local Environmental Plan 1991 (Amendment No 56)

Wyong Local Environmental Plan 1991 (Amendment No 57)

Wyong Local Environmental Plan 1991 (Amendment No 61)

Wyong Local Environmental Plan 1991 (Amendment No 63)

Wyong Local Environmental Plan 1991 (Amendment No 66)

Wyong Local Environmental Plan 1991 (Amendment No 69)

Wyong Local Environmental Plan 1991 (Amendment No 70)

Wyong Local Environmental Plan 1991 (Amendment No 71)

Wyong Local Environmental Plan 1991 (Amendment No 73)

Wyong Local Environmental Plan 1991 (Amendment No 75)

Wyong Local Environmental Plan 1991 (Amendment No 76)

Wyong Local Environmental Plan 1991 (Amendment No 77)—Sheet 1

Wyong Local Environmental Plan 1991 (Amendment No 78)

Wyong Local Environmental Plan 1991 (Amendment No 80)

Wyong Local Environmental Plan 1991 (Amendment No 82)

Wyong Local Environmental Plan 1991 (Amendment No 84)

Wyong Local Environmental Plan 1991 (Amendment No 85)

Wyong Local Environmental Plan 1991 (Amendment No 87)

Wyong Local Environmental Plan 1991 (Amendment No 89)

Wyong Local Environmental Plan 1991 (Amendment No 90)

Wyong Local Environmental Plan 1991 (Amendment No 92)

Wyong Local Environmental Plan 1991 (Amendment No 93)

Wyong Local Environmental Plan 1991 (Amendment No 94)

Wyong Local Environmental Plan 1991 (Amendment No 96)

Wyong Local Environmental Plan 1991 (Amendment No 98)

Wyong Local Environmental Plan 1991 (Amendment No 100)

Wyong Local Environmental Plan 1991 (Amendment No 102)

Wyong Local Environmental Plan 1991 (Amendment No 103)

Wyong Local Environmental Plan 1991 (Amendment No 104)

Wyong Local Environmental Plan 1991 (Amendment No 105)

Wyong Local Environmental Plan 1991 (Amendment No 106)

Wyong Local Environmental Plan 1991 (Amendment No 107)

Wyong Local Environmental Plan 1991 (Amendment No 109)

Wyong Local Environmental Plan 1991 (Amendment No 110)

Wyong Local Environmental Plan 1991 (Amendment No 111)

Wyong Local Environmental Plan 1991 (Amendment No 112)—Sheet 1

Wyong Local Environmental Plan 1991 (Amendment No 114)

Wyong Local Environmental Plan 1991 (Amendment No 115)

Wyong Local Environmental Plan 1991 (Amendment No 116)

Wyong Local Environmental Plan 1991 (Amendment No 117)

Wyong Local Environmental Plan 1991 (Amendment No 118)

Wyong Local Environmental Plan 1991 (Amendment No 119)

Wyong Local Environmental Plan 1991 (Amendment No 120)

Wyong Local Environmental Plan 1991 (Amendment No 121)

Wyong Local Environmental Plan 1991 (Amendment No 123)

Wyong Local Environmental Plan 1991 (Amendment No 125)

Wyong Local Environmental Plan 1991 (Amendment No 127)

Wyong Local Environmental Plan 1991 (Amendment No 128)

Wyong Local Environmental Plan 1991 (Amendment No 129)

Wyong Local Environmental Plan 1991 (Amendment No 131)

Wyong Local Environmental Plan 1991 (Amendment No 134)

Wyong Local Environmental Plan 1991 (Amendment No 135)

Wyong Local Environmental Plan 1991 (Amendment No 137)

Wyong Local Environmental Plan 1991 (Amendment No 138)

Wyong Local Environmental Plan 1991 (Amendment No 139)

Wyong Local Environmental Plan 1991 (Amendment No 142)

Wyong Local Environmental Plan 1991 (Amendment No 146)

Wyong Local Environmental Plan 1991 (Amendment No 147)

Wyong Local Environmental Plan 1991 (Amendment No 149)

Wyong Local Environmental Plan 1991 (Amendment No 155)

Wyong Local Environmental Plan 1991 (Amendment No 156)

tourist accommodation means a building or buildings substantially used for the temporary accommodation of tourists, visitors and travellers which may have facilities for the convenience of patrons such as restaurants, convention areas and the like but does no include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.

toxic waste incinerator means a facility used for the disposal of toxic materials, including intractable waste as defined by the Waste Recycling and Processing Service Act 1970, by means of incineration or other methods of high temperature treatment.

transitional group home means a dwelling:

(a)  which is used to provide temporary accommodation, for the purpose of relief for, or rehabilitation of, disabled persons or socially disadvantaged persons, whether or not those persons are related, and

(b)  which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,

but does not include a group home or a building to which State Environmental Planning Policy No 5—Housing for Aged or Disabled Persons applies.

transport depot means a building or place used for the parking, storage or garaging of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop and may also be used for the routine servicing or repair of those vehicles.

tree means a perennial plant with at least one self-supporting woody or fibrous stem, being of any species, whether indigenous, exotic or introduced which:

(a)  is 3 metres or more in height, or

(b)  has a diameter of 75 millimetres or more measured at 1.4 metres above ground level, or

(c)  is a cycad or mangrove that is indigenous to or is recorded by the Council as having special significance to the area of Wyong, irrespective of its dimensions.

undesirable species means plants that have characteristics which may lead to poisoning, weed infestation, brittle and dangerous wood, excessive spread of roots or bushland invasion as specified in any development control plan adopted by the Council for the purposes of vegetation management.

urban zones means land in Zone No 2 (a), 2 (b), 2 (c), 2 (d), 2 (g), 3 (a), 3 (c), 3 (d), 4 (a), 4 (b), 4 (d), 4 (e), 5 (a), 5 (b), 5 (c) or 5 (d).

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

utility undertaking means any undertaking carried out or 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)  communications facilities, or

(e)  telecommunications facilities,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

vehicle body repair workshop means a building or place used for the repair of vehicles, agricultural machinery or other motorised plant and equipment, involving body building, panel beating or spray painting.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories for, vehicles, agricultural machinery or other motorised plant and equipment, but (in the Table to clause 10) does not include a building or place elsewhere defined in this clause.

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 mainly for storing or handling goods, merchandise or materials pending their sale and distribution, but (in the Table to clause 10) does not include a building or place elsewhere specifically defined in this clause.

(2)  In this plan:

(a)  a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b)  a reference to a map is a reference to a map deposited in the office of the Council, and

(c)  a reference to land within a zone specified in clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.

cl 7: Am 5.4.1991; 12.7.1991; 30.8.1991; 4.10.1991; 18.10.1991; 25.10.1991; 8.11.1991; 29.11.1991; 13.12.1991; 31.1.1992; 7.2.1992; 15.5.1992; 31.7.1992; 15.1.1993; 5.2.1993; 30.4.1993; 25.6.1993; 16.7.1993; 19.11.1993; 26.11.1993; 21.1.1994; 4.2.1994; 22.4.1994; 3.6.1994; 2.9.1994; 14.10.1994; 18.11.1994; 25.11.1994; 2.12.1994; 10.2.1995; 10.3.1995; 24.3.1995; 28.4.1995; 2.6.1995; 7.7.1995; 22.9.1995; 29.9.1995; 3.11.1995; 10.11.1995; 22.12.1995; 9.2.1996; 22.3.1996; 12.4.1996; 9.8.1996; 16.8.1996; 4.10.1996; 18.10.1996; 15.11.1996; 29.11.1996; 24.4.1997; 2.5.1997; 24.10.1997; 13.2.1998; 27.3.1998; 22.5.1998; 12.6.1998; 26.6.1998; 21.8.1998; 28.8.1998; 18.9.1998; 9.10.1998; 4.12.1998; 12.3.1999; 1.4.1999; 11.6.1999; 6.8.1999; 13.8.1999; 10.9.1999; 24.9.1999; 8.10.1999; 10.12.1999; 11.2.2000; 25.2.2000; 26.5.2000; 16.6.2000; 15.9.2000; 13.10.2000; 10.11.2000; 22.12.2000*; 29.6.2001; 19.10.2001; 22.2.2002; 12.4.2002; 6.9.2002; 30.5.2003; 27.6.2003; 4.7.2003; 29.8.2003; 14.11.2003; 28.11.2003; 5.3.2004; 24.9.2004; 29.10.2004; 2004 No 91, Sch 2.127.

8 Consent authority

The Council is the consent authority for the purposes of this plan.

Part 2 General restrictions on development of land

9 Zones indicated on the map

For the purposes of this plan, land to which this plan applies shall be within a zone specified hereunder if the land is shown on the map in the manner specified hereunder in relation to that zone:

Zone No 1 (a) (Rural Zone)—identified with heavy black edging and lettered “1 (a)”.

Zone No 1 (c) (Non Urban Constrained Lands Zone)—identified with heavy black edging and lettered “1 (c)”.

Zone No 1 (d) (Village Zone)—identified with heavy black edging and lettered “1 (d)”.

Zone No 1 (f) (Forestry Zone)—identified with heavy black edging and lettered “1 (f)”.

Zone No 2 (a) (Residential Zone)—identified with heavy black edging and lettered “2 (a)”.

Zone No 2 (b) (Multiple Dwelling Residential Zone)—identified with heavy black edging and lettered “2 (b)”.

Zone No 2 (c) (Medium Density Residential Zone)—identified with heavy black edging and lettered “2 (c)”.

Zone No 2 (d) (High Density Residential Zone)—identified with heavy black edging and lettered “2 (d)”.

Zone No 2 (e) (Urban Release Area Zone)—identified with heavy black edging and lettered “2 (e)”.

Zone No 2 (g) (Residential Tourist Zone)—identified with heavy black edging and lettered “2 (g)”.

Zone No 3 (a) (Business Centre Zone)—identified with heavy black edging and lettered “3 (a)”.

Zone No 3 (b) (Centre Support Zone)—identified with heavy black edging and lettered “3 (b)”.

Zone No 3 (d) (Tourist Business Zone)—identified with heavy black edging and lettered “3 (d)”.

Zone No 4 (a) (General Industrial Zone)—identified with heavy black edging and lettered “4 (a)”.

Zone No 4 (b) (Light Industrial Zone)—identified with heavy black edging and lettered “4 (b)”.

Zone No 4 (c) (Business Park Zone)—identified with heavy black edging and lettered “4 (c)”.

Zone No 4 (e) (Regional Industrial and Employment Development Zone)—identified with heavy black edging and lettered “4 (e)”.

Zone No 5 (a) (Special Uses Zone)—identified with heavy black edging and lettered “5 (a)” with the particular use shown in black.

Zone No 5 (b) (Railways Zone)—identified with heavy black edging lettered “5 (b)”.

Zone No 5 (c) (Local Road Reservation Zone)—identified with heavy black edging and lettered “5 (c)”.

Zone No 5 (d) (Arterial Road Reservation Zone)—identified with heavy black edging and lettered “5 (d)”.

Zone No 6 (a) (Open Space and Recreation Zone)—identified with heavy black edging and lettered “6 (a)”.

Zone No 6 (b) (Regional Open Space and Recreation Zone)—identified with heavy black edging and lettered “6 (b)”.

Zone No 6 (c) (Proposed Open Space and Recreation Zone)—identified with heavy black edging and lettered “6 (c)”.

Zone No 7 (a) (Conservation Zone)—identified with heavy black edging and lettered “7 (a)”.

Zone No 7 (b) (Scenic Protection Zone)—identified with heavy black edging and lettered “7 (b)”.

Zone No 7 (c) (Scenic Protection: Small Holdings Zone)—identified with heavy black edging and lettered “7 (c)”.

Zone No 7 (d) (Coastal Lands Protection Zone)—identified with heavy black edging and lettered “7 (d)”.

Zone No 7 (e) (Coastal Lands Acquisition Zone)—identified with heavy black edging and lettered “7 (e)”.

Zone No 7 (f) (Environmental Protection Zone)—identified with heavy black edging and lettered “7 (f)”.

Zone No 7 (g) (Wetlands Management Zone)—identified with heavy black edging and lettered “7 (g)”.

Zone No 8 (a) (National Parks Zone)—identified with heavy black edging and lettered “8 (a)”.

Zone No 10 (a) (Investigation Precinct Zone)—identified with heavy black edging and lettered “10 (a)”.

cl 9: Am 7.7.1995; 24.10.1997; 10.12.1999; 12.4.2002; 28.11.2003.

10 Zone objectives and development control table

(1)  The objectives of a zone are set out in the Table to this clause under the heading “Objectives of Zone” appearing in the matter relating to the zone.

(2)  Except as otherwise provided by this plan, in relation to land within a zone specified in the Table to this clause, the purposes (if any) for which development:

(a)  may be carried out without development consent,

(b)  may be carried out only with development consent, and

(c)  is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)  Except as otherwise provided by this plan, the Council must not grant consent to the carrying out of development on land to which this plan applies unless, in the opinion of the Council, the proposed development is compatible with the objectives of the zone within which the development is proposed to be carried out.

Table

Zone No 1 (a)   (Rural Zone)

1 Objectives of zone

The objectives are:

(a)  to protect, enhance and conserve agricultural land in a manner which sustains its efficient, sustainable and effective agricultural production potential, and

(b)  to facilitate development requiring a rural or isolated location or associated with agricultural pursuits, and rural industry, provided that it is unlikely to:

(i)  prejudice the present environmental quality of the land within this zone, or

(ii)  generate significant additional traffic, or create or increase a condition of ribbon development on any road, relative to the capacity and safety of the road, or

(iii)  prejudice the intent of the objective specified in paragraph (a), or

(iv)  have an adverse impact on the region’s water resources.

2 Without development consent

Home occupations.

3 Only with development consent

Any purpose other than a purpose included in item 2 or 4 of the matter relating to this zone.

4 Prohibited

Aerodromes; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; carparking stations; child care centres; commercial premises; detached dual occupancies; entertainment facilities; exhibition homes; general stores; generating works; hazardous industries; hazardous storage establishments; hotels; housing for older persons or people with a disability; industries; large scale commercial premises; large scale retail premises; light industries; materials recycling depots; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; passenger transport terminals; plant hire establishments; reception establishments; recreation facilities; registered clubs; residential flat buildings; restaurants; road transport terminals; self storage establishments; service stations; shops; tourist accommodation; toxic waste incinerators; vehicle body repair workshops; vehicle repair stations; warehouses.

Zone No 1 (c)   (Non Urban Constrained Lands) Zone

1 Objectives of zone

The objectives are:

(a)  to limit the development of land that may be affected by flooding, coastal erosion, slope, and other physical constraints (including lack of adequate water supply and sewerage), and

(b)  to prohibit development that is likely to prejudice the present and future environmental quality of the land, and

(c)  to ensure that development is carried out in a manner that minimises risks from natural hazards and does not detract from the scenic quality.

2 Without development consent

Home occupations.

3 Only with development consent

Agriculture; animal establishments; bushfire hazard reduction; drainage; dwellings; flood mitigation works; home businesses; nutrient control facilities; recreation areas; roadside stalls; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 1 (d)   (Village Zone)

1 Objectives of zone

The objectives are:

(a)  to preserve the small scale of activities and general residential character of village areas, and

(b)  to provide facilities and services to support adjoining agricultural land uses providing they do not prejudice the intent of the objective specified in paragraph (a), and

(c)  to restrict development which may have an adverse impact on the region’s water resources.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; child care centres; commercial premises, communications facilities; community facilities; drainage; dual occupancy buildings; dwelling-houses; education establishments; excavation and filling; general stores; group homes; home businesses; palliative day care centres; places of worship; recreation areas; restaurants; tourist accommodation; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 1 (f)   (Forestry Zone)

1 Objectives of zone

The objective of this zone is to conserve forest resources.

2 Without development consent

Any purpose authorised under the Forestry Act 1916.

3 Only with development consent

Nil.

4 Prohibited

Any purpose other than a purpose included in item 2 of the matter relating to this zone.

Zone No 2 (a)   (Residential Zone)

1 Objectives of zone

The objectives are:

(a)  to provide land primarily for detached housing generally not exceeding a height of 2 storeys and with private gardens in an environment free from commercial and other incompatible activities and buildings, and

(b)  to provide for other uses, but only where they:

(i)  are compatible with the residential environment and afford services to residents at a local level, and

(ii)  are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for detached housing, and

(c)  to provide for home-based employment where such will not:

(i)  involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

(ii)  have a material adverse impact on residents.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; nutrient control facilities; palliative day care centres; places of worship; recreation areas; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (b)   (Multiple Dwelling Residential Zone)

1 Objectives of zone

The objectives are:

(a)  to cater for a wide range of housing types essentially domestic in scale and character and generally not exceeding a height of 2 storeys, and

(b)  to provide for other uses which:

(i)  are compatible with the residential environment and afford services to residents at a local level, and

(ii)  are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential uses, and

(c)  to provide home-based employment where such will not:

(i)  involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

(ii)  have a material adverse impact on residents.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (c)   (Medium Density Residential Zone)

1 Objectives of zone

Objectives of zone

(a)  to cater primarily for residential flat buildings generally not exceeding a height of 3 storeys (except as otherwise provided for by clause 42B), and

(b)  to provide for other uses which:

(i)  are compatible with the residential environment and afford services to residents at a local level, and

(ii)  are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential uses, and

(c)  to provide home-based employment where such will not:

(i)  involve exposure to view from any public place of any unsightly matter, or raw material, equipment, machinery, product or stored finished goods, or

(ii)  have a material adverse impact on residents.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (d)   (High Density Residential Zone)

1 Objectives of zone

The objectives are:

(a)  to allow for high density residential development in suitable locations, and

(b)  to provide for other uses which:

(i)  are compatible with the residential environment and afford services to residents at a local level, and

(ii)  are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential use, and

(c)  to provide home-based employment where such will not:

(i)  involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

(ii)  have a material adverse impact on residents.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (e)   (Urban Release Area Zone)

1 Objectives of zone

The objectives are:

(a)  to cater for a range of housing types appropriate to a greenfield urban release area and not exceeding a height of 2 storeys, and

(b)  to provide for other uses which:

(i)  are compatible with the residential environment and afford services to residents at a local level, and

(ii)  are unlikely to adversely affect residential amenity or place demands on services beyond the level reasonably required for residential uses, and

(c)  to provide home-based employment where such will not:

(i)  involve exposure to view from any public place of any unsightly matter, or any raw material, equipment, machinery, product or stored finished goods, or

(ii)  have a material adverse impact on residents, and

(d)  to ensure development includes appropriate water sensitive urban design.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; agriculture; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; detached dual occupancies; drainage; dual occupancy buildings; dwelling-houses; education establishments; exhibition homes; flood mitigation works; general stores; group homes; home businesses; hospitals; housing for older persons or people with a disability; motels; nutrient control facilities; palliative day care centres; places of worship; recreation areas; residential flat buildings; tourist accommodation; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 2 (g)   (Residential Tourist Zone)

1 Objectives of zone

The objectives are:

(a)  to encourage residential development of various types primarily intended to accommodate tourists and visitors and not exceeding a height of 3 storeys (except as otherwise provided for in clause 42B), and

(b)  to accommodate other types of development which complement tourist uses, and

(c)  to ensure that tourist development does not significantly adversely impact on the amenity of residential areas in adjacent zones, and

(d)  to ensure that the scale and function of tourist development is appropriate in the context of the form of development which might occur in the zone for tourist purposes.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; boarding houses; bushfire hazard reduction; child care centres; communications facilities; community facilities; drainage; dwelling-houses; education establishments; entertainment facilities; hotels; motels; nutrient control facilities; recreation areas; residential flat buildings; restaurants; tourist accommodation; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 3 (a)   (Business Centre Zone)

1 Objectives of zone

The objectives are:

(a)  to provide the primary opportunity for the development of retail and commercial activities that are appropriate to the character and needs of individual business centres within the retail hierarchy proposed by a development control plan prepared by the Council for the purpose, and

(b)  to provide for higher intensity retail and commercial uses, while allowing for low intensity retail and commercial uses in other business zones, and

(c)  to enable the Council to provide more detailed guidelines about preferred retail distribution and development issues in a development control plan.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; aquaculture; boarding houses; brothels; building products sales rooms or showrooms; caravan parks; depots; detached dual occupancies; dual occupancy buildings; dwellings (other than those attached to other permitted buildings); exhibition homes; extractive industries; generating works; hazardous industries; hazardous storage establishments; industries; intensive agriculture; light industries; materials recycling depots; mining; offensive industries; motor showrooms; offensive storage establishments; plant hire establishments; residential flat buildings (other than those attached to other permitted buildings); road transport terminals; roadside stalls; rural industries; sawmills; self storage establishments; stock and sale yards; tourist accommodation that is not attached to other permitted buildings or used in conjunction with other permitted uses; toxic waste incinerators; transport depots; vehicle body repair workshops; vehicle repair stations; warehouses.

Zone No 3 (b)   (Centre Support Zone)

1 Objectives of zone

The objectives are:

(a)  to provide opportunities for development having relatively low traffic-generating characteristics but not high turnover shops and offices that might more properly be located in the Business Centre Zone, and

(b)  to provide for relatively low intensity commercial and retail uses with extensive floor space requirements, but not including supermarkets or other food or produce markets, and

(c)  to provide for development which does not have the potential to result in a detrimental impact on uses in the Business Centre Zone, and

(d)  to create opportunities for development within district and regional business centres which support and enhance the range of retail opportunities within those centres, and

(e)  to enable the Council to provide more detailed guidelines about preferred retail distribution and development issues in a development control plan.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; aquaculture; boarding houses; brothels; caravan parks; depots; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted business and situated on the same land as the permitted business); exhibition homes; extractive industries; general stores; generating works; group homes; hazardous industries; hazardous storage establishments; industries; intensive agriculture; light industries; materials recycling depots; mining; offensive industries; offensive storage establishments; plant hire establishments; residential flat buildings; road transport terminals; roadside stalls; rural industries; sawmills; self storage establishments; shops; stock and sale yards; tourist accommodation; toxic waste incinerators; transitional group homes; transport depots; vehicle body repair workshops; warehouses.

Zone No 3 (d)   (Tourist Business Zone)

1 Objectives of zone

The objectives are:

(a)  to encourage development providing accommodation, services, entertainment and attractions for tourists, and

(b)  to complement the functions of a nearby town centre, and

(c)  to ensure that development is of a type and scale that is appropriate to a tourist-orientated character, and enables the maintenance of the area’s attraction to tourists.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; aquaculture; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; depots; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted business and situated on the same land as the permitted business); education establishments; exhibition homes; extractive industries; generating works; group homes; hazardous industries; hazardous storage establishments; heliports; hospitals; industries; intensive agriculture; light industries; materials recycling depots; medical centres; mining; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; places of worship; plant hire establishments; plant nurseries; residential flat buildings (other than those attached to other permitted buildings); road transport terminals; roadside stalls; rural industries; sawmills; self storage establishments; service stations; stock and sale yards; toxic waste incinerators; transitional group homes; transport depots; vehicle body repair workshops; vehicle repair stations; veterinary hospitals; warehouses.

Zone No 4 (a)   (General Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  to provide opportunities for the development of large scale industrial, service and storage activities which by nature of their operations should be isolated from residential areas, and

(b)  to restrict commercial, retail or other development except where it is ancillary to the use of land within this zone for industrial, service and storage purposes, and

(c)  to enable the Council to provide more detailed guidelines about industrial development in a development control plan.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Aerodromes; agriculture; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; commercial premises; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); exhibition homes; group homes; hazardous industries; hazardous storage establishments; hotels; intensive agriculture; large scale commercial premises; large scale retail establishments; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; plant hire establishments; plant nurseries; reception establishments; registered clubs; residential flat buildings; restaurants; roadside stalls; rural industries; self storage establishments; service stations; shops; tourist accommodation; toxic waste incinerators; transitional group homes.

Zone No 4 (b)   (Light Industrial Zone)

1 Objectives of zone

The objectives are:

(a)  to provide opportunities for the development of a wide range of industrial, service and storage activities which do not have a materially detrimental effect on the amenity of adjoining residential areas, and

(b)  to restrict commercial, retail or other development except where it is ancillary to the use of land within this zone for light industrial, service and storage purposes, and

(c)  to enable the Council to provide more detailed guidelines about industrial development in a development control plan.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; agriculture; boarding houses; bulky goods sales rooms or showrooms; caravan parks; commercial premises; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); exhibition homes; generating works; group homes; hazardous industries; hazardous storage establishments; industries (other than light industries); intensive agriculture; large scale commercial premises; large scale retail establishments; medical centres; motels; offensive industries; offensive storage establishments; palliative day care centres; reception establishments; residential flat buildings; restaurants; roadside stalls; rural industries; sawmills; shops; tourist accommodation; toxic waste incinerators; transitional group homes.

Zone No 4 (c)   (Business Park Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the integrated development of an industrial business park, and

(b)  to allow for large scale commercial development which is not in conflict with sustaining and developing commercial zones, and

(c)  to encourage development appropriate to an industrial business park which generates multi-sector employment, and

(d)  to enable the Council to provide more detailed guidelines about industrial development in a development control plan.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; commercial premises; detached dual occupancies; dual occupancy buildings; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); exhibition homes; generating works; group homes; hazardous industries; hazardous storage establishments; industries (other than light industries); intensive agriculture; large scale retail establishments; materials recycling depots; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; plant hire establishments; reception establishments; residential flat buildings; restaurants; roadside stalls; rural industries; sawmills; self storage establishments; service stations; shops; stock and sale yards; tourist accommodation; toxic waste incinerators; transitional group homes; vehicle body repair workshops; vehicle repair stations.

Zone No 4 (e)   (Regional Industrial and Employment Development Zone)

1 Objectives of zone

The objectives are:

(a)  to provide land to cater primarily for the special requirements of major industrial or employment-generating development which is within convenient distances to support population growth within the urban centres of the local government area of Wyong and has good road and rail access links, and

(b)  to facilitate major industrial and employment-generating activities by permitting development which:

(i)  generates significant new employment on-site, or

(ii)  requires a large site area but has a significant multiplier effect in the regional economy, and

(c)  to facilitate other industrial and employment-generating activities only where:

(i)  the development needs to be located with other major industry or activities within the zone, or

(ii)  the development requires a location with convenient access to the freeway or railway, and

(d)  to provide that new industrial development and other development does not present unacceptable risks by limiting development which:

(i)  exposes residences and the natural environment to unacceptable levels of pollution or hazard risk and does not incorporate adequate safeguards to mitigate any potential threats, or

(ii)  involves a process which generates toxic waste products the disposal of which cannot be properly managed either on site or otherwise, or

(iii)  limits the potential employment capacity of the zone by sterilising large areas of land through buffer or isolation requirements, and

(e)  to promote environmentally sustainable development by limiting development that:

(i)  contributes to the degradation of the Tuggerah Lakes or Lake Macquarie systems, and

(ii)  involves the transportation of hazardous or offensive materials through or in proximity to residential or environmentally sensitive areas, and

(f)  to provide for commercial and retail development:

(i)  that is ancillary to the main use of land within the zone, and

(ii)  that meets the day-to-day needs of occupants and employees of the buildings within the zone.

2 Without development consent

Nil.

3 Only with development consent

Any purpose other than a purpose included in item 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; agriculture; animal establishments; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; caravan parks; community facilities; dwellings (other than those used in conjunction with a permitted industry and situated on the same land as the permitted industry); entertainment facilities; exhibition homes; group homes; hazardous industries; hazardous storage establishments; hospitals; hotels; intensive agriculture; large scale retail establishments; medical centres; motels; motor showrooms; offensive industries; offensive storage establishments; palliative day care centres; plant hire establishments; reception establishments; recreation facilities; registered clubs; residential flat buildings; restaurants; roadside stalls; rural industries; self storage establishments; shops; tourist accommodation; toxic waste incinerators; transitional group homes; vehicle body repair workshops; vehicle repair stations.

Zone No 5 (a)   (Special Uses Zone)

1 Objectives of zone

The objectives are:

(a)  to cater for the provision of community and public facilities and services, and

(b)  to provide for any other development of land within this zone, with the consent of the Council, provided that:

(i)  the other development is ancillary to or related to the current or future use of the land for the purpose of a community or public facility or service, and

(ii)  the other development does not adversely affect the current or future usefulness of the land for the purpose of those facilities or services.

2 Without development consent

Nil.

3 Only with development consent

Any purpose.

4 Prohibited

Nil.

Zone No 5 (b)   (Railways Zone)

1 Objectives of zone

The objective is to recognise existing railway land and to enable its future development for railway and associated purposes.

2 Without development consent

Nil.

3 Only with development consent

Any purpose.

4 Prohibited

Nil.

Zone No 5 (c)   (Local Road Reservation Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the acquisition and development of land principally for local roads, and

(b)  to provide for any other purpose, with the consent of the Council, provided that the purpose does not:

(i)  adversely affect the current or future usefulness of the land for the purposes for which it is zoned, or

(ii)  prejudice proposals for the acquisition of land as referred to in paragraph (a).

2 Without development consent

Nil.

3 Only with development consent

Any purpose.

4 Prohibited

Nil.

Zone No 5 (d)   (Arterial Road Reservation Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the acquisition and development of land principally for arterial roads, and

(b)  to provide for any other purpose, with the consent of the Council, provided that the purpose does not affect the usefulness of the land for the purpose of arterial roads.

2 Without development consent

Nil.

3 Only with development consent

Any purpose.

4 Prohibited

Nil.

Zone No 6 (a)   (Open Space and Recreation Zone)

1 Objectives of zone

The objectives are:

(a)  to provide for the open space and recreation needs of the local community and visitors, and

(b)  to allow for other leisure and recreation-orientated development, or any other use that is authorised by a plan of management adopted under section 40 of the Local Government Act 1993, which:

(i)  promotes worthwhile community benefits, and

(ii)  would not reduce the amount and distribution of public open space areas below acceptable levels and standards which meet the needs of the community, and

(iii)  would not have an unacceptable impact on the amenity of adjacent areas, and

(iv)  would not have an adverse effect on water catchments, water quality, land surface conditions and important ecosystems such as Tuggerah Lakes, Lake Macquarie, streams, estuaries and wetlands.

2 Without development consent

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

3 Only with development consent

Any purpose other than a purpose included in item 2 of the matter relating to this zone.

4 Prohibited

Nil.

Zone No 6 (b)   (Regional Open Space and Recreation Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land, not in public ownership, that will be acquired by the corporation under the Act, being land proposed to be used principally for the purposes of public recreation or nature conservation, or both, and

(b)  to allow any other use, with the consent of the Council, provided that the use does not affect the usefulness of the land for the purpose of public recreation or nature conservation, or both.

2 Without development consent

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

3 Only with development consent

Any purpose other than a purpose included in item 2 of the matter relating to this zone.

4 Prohibited

Nil.

Zone No 6 (c)   (Proposed Open Space and Recreation Zone)

1 Objectives of zone

The objectives are:

(a)  to identify land, not in public ownership, that will be acquired by the Council and is proposed to be used principally for the purposes of public open space and recreation, and

(b)  to allow any other use, with the consent of the Council, provided that the use does not:

(i)  adversely affect the usefulness of the land for the purposes for which it is required, or

(ii)  prejudice proposals for the acquisition of land as referred to in paragraph (a).

2 Without development consent

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

3 Only with development consent

Any purpose other than a purpose included in item 2 of the matter relating to this zone.

4 Prohibited

Nil.

Zone No 7 (a)   (Conservation Zone)

1 Objectives of zone

The objectives are:

(a)  to restrict the type and scale of development which will be carried out on land possessing special aesthetic, ecological or conservation values to that compatible with such environments, and

(b)  to allow such development where:

(i)  it can be demonstrated that it can be carried out in a manner that minimises risks from natural hazards, functions efficiently, does not prejudice other economic development and does not detract from the scenic quality of the land referred to in the objective specified in paragraph (a), and

(ii)  it is unlikely to have a significant detrimental effect on the growth of native plant communities, the survival of native wildlife populations or the provision and quality of habitats for both indigenous and migratory species, and

(iii)  it is unlikely to have an adverse impact on the region’s water resources.

2 Without development consent

Home occupations.

3 Only with development consent

Agriculture; bushfire hazard reduction; communications facilities; community facilities; dams; drainage; dual occupancy buildings; dwelling-houses; home businesses; nutrient control facilities; recreation areas; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 7 (b)   (Scenic Protection Zone)

1 Objectives of zone

The objective is to restrict the type and scale of development which will be carried out on land possessing scenic values to that unlikely to:

(a)  prejudice the present scenic quality of the land within this zone, or

(b)  generate significant additional traffic or create or increase a condition of ribbon development on any road, relative to the capacity and safety of the road, or

(c)  prejudice the viability of existing commercial centres, or

(d)  have an adverse impact on the region’s water resources.

2 Without development consent

Home occupations.

3 Only with development consent

Any purpose other than a purpose included in item 2 or 4 of the matter relating to this zone.

4 Prohibited

Abattoirs; aerodromes; boarding houses; brothels; building products sales rooms or showrooms; bulky goods sales rooms or showrooms; carparking stations; child care centres; commercial premises; depots; detached dual occupancies; entertainment facilities; exhibition homes; extractive industries; general stores; generating works; hazardous industries; hazardous storage establishments; housing for older persons or people with a disability; industries; intensive agriculture; large scale commercial premises; large scale retail premises; light industries; materials recycling depots; medical centres; mining; motor showrooms; offensive industries; offensive storage establishments; passenger transport terminals; plant hire establishments; reception establishments; registered clubs; residential flat buildings; road transport terminals; self storage establishments; service stations; shops; stock and sale yards; toxic waste incinerators; transport depots; vehicle body repair workshops; vehicle repair stations; warehouses.

Zone No 7 (c)   (Scenic Protection: Small Holdings Zone)

1 Objectives of zone

The objectives are:

(a)  to enable development for the purposes of small rural-residential holdings to be carried out on land which is suitable for those purposes and which is unlikely:

(i)  to inhibit the potential for urban expansion, particularly at the urban fringe, or

(ii)  to create a demand for the uneconomic provision of services, or

(iii)  to detract from the scenic quality of rural lands, and

(b)  to allow for non-residential uses where those are compatible with rural-residential development and are unlikely to create an unreasonable demand for public services or substantially reduce the adequacy of existing levels of those services.

2 Without development consent

Home occupations.

3 Only with development consent

Advertisements; agriculture; bushfire hazard reduction; communications facilities; community facilities; dams; drainage; dual occupancy buildings; dwelling-houses; education establishments; group homes; home businesses; nutrient control facilities; places of worship; recreation areas; transitional group homes; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 7 (d)   (Coastal Lands Protection Zone)

1 Objectives of zone

The objectives are:

(a)  to restrict the type and scale of development which will be considered on land possessing special environmental or recreational values to those compatible with such environments, and

(b)  to allow such development only where it can be demonstrated that it can be carried out in a manner that does not detract from the scenic quality of the land referred to in paragraph (a).

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture; bushfire hazard reduction; caravan parks; dams; drainage; dwelling-houses; home businesses; home occupations; nutrient control facilities; recreation areas; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 7 (e)   (Coastal Lands Acquisition Zone)

1 Objectives of zone

The objectives are:

(a)  to restrict the type and scale of development which will be carried out on land possessing special environmental or recreational values to those compatible with such environments, and

(b)  to allow such development only where:

(i)  it can be demonstrated that it can be carried out in a manner that does not detract from the scenic quality of the land referred to in paragraph (a), and

(ii)  it is unlikely to prejudice proposals for the acquisition of land referred to in paragraph (a).

2 Without development consent

Nil.

3 Only with development consent

Agriculture; bushfire hazard reduction; drainage; dwelling-houses; nutrient control facilities; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 7 (f)   (Environmental Protection Zone)

1 Objectives of zone

The objective of this zone is to restrict the type and scale of development which will be carried out on land adjoining major noise generators (or other development with similar detrimental impact) to that compatible with such environments.

2 Without development consent

Nil.

3 Only with development consent

Advertisements; agriculture; bushfire hazard reduction; communication facilities; dams; drainage; dual occupancy buildings; dwelling-houses; education establishments; group homes; home businesses; home occupations; nutrient control facilities; places of worship; plant nurseries; recreation areas; recreation facilities; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 3 of the matter relating to this zone.

Zone No 7 (g)   (Wetlands Management Zone)

1 Objectives of zone

The objectives of this zone are:

(a)  to protect and conserve locally important wetland habitats, and

(b)  to lessen the development pressure on local wetlands by restricting the type and scale of development to which they are subjected, and

(c)  to ensure that ecological, scenic and other environmental attributes of local wetland areas are not altered, and

(d)  to limit development within the zone that is likely to have a detrimental effect on the ecological sustainability of wetland functions and values, in particular those functions relating to conservation and sediment and nutrient filtration.

2 Without development consent

Bushfire hazard reduction (only where consistent with a bushfire risk management plan within the meaning of the Rural Fires Act 1997).

3 Only with development consent

Agriculture; bushfire hazard reduction; dams; drainage; dwelling-houses; flood mitigation works; nutrient control facilities; recreation areas; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

Zone No 8 (a)   (National Parks Zone)

1 Objectives of zone

The objectives are:

(a)  to conserve areas of natural, ecological, scenic, educational, scientific, cultural or historical importance, and

(b)  to identify land reserved or dedicated under the National Parks and Wildlife Act 1974, and

(c)  to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.

2 Without development consent

Any purpose authorised by or under the National Parks and Wildlife Act 1974, and any purpose ancillary or incidental to such a purpose; utility installations.

3 Only with development consent

Nil.

4 Prohibited

Any purpose other than a purpose specified in item 2 of the matter relating to this zone.

Zone No 10 (a)   (Investigation Precinct Zone)

1 Objectives of zone

The objectives are:

(a)  to protect native vegetation, maintain ecological processes and biological diversity within land that is under investigation for conservation purposes, and

(b)  to protect rural land that, after detailed environmental investigations, may be suitable for ecological conservation or future urban development, and

(c)  to prohibit development that it is likely:

(i)  to lead to the premature and sporadic subdivision of land, or

(ii)  to inhibit the potential for urban expansion in selected areas, particularly the urban fringe, or

(iii)  to prejudice the present environmental quality of the land, or

(iv)  to generate significant additional traffic or create or increase a condition of ribbon development on any road, relative to the capacity and safety of the road, and

(d)  to ensure that any interim development is carried out in a manner that minimises risks from natural hazards, minimises degradation of environmental values, functions efficiently, does not prejudice other economic development and does not detract from the scenic quality of rural areas, and

(e)  to allow mining to occur in an environmentally acceptable manner.

2 Without development consent

Home occupations.

3 Only with development consent

Agriculture; bushfire hazard reduction; communications facilities; community facilities; drainage; dwelling-houses; flood mitigation works; home businesses; mining; nutrient control facilities; recreation areas; roadside stalls; utility installations.

4 Prohibited

Any purpose other than a purpose included in item 2 or 3 of the matter relating to this zone.

cl 10: Am 24.10.1997.

cl 10, table: Am 13.9.1991; 25.6.1993; 22.4.1994; 10.3.1995; 24.3.1995; 7.7.1995; 14.3.1997 (see also 4.7.1997). Subst 24.10.1997. Am 10.12.1999; 24.12.1999; 22.12.2000; 12.4.2002. Subst 28.11.2003. Am 24.9.2004.

10A What is exempt and complying development?

(1)  Development of minimal environmental impact listed as exempt development in Development Control Plan No 85—Exempt Development as adopted by the Council on 13 August 2003, is exempt development, despite any other provision of this plan.

(2)  Development listed as complying development in Development Control Plan No 86—Complying Development, as adopted by the Council on 13 August 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)  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 No 85—Exempt Development, as adopted by the Council on 13 August 2003.

(4)  A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 86—Complying Development adopted by the Council, as in force when the certificate is issued.

cl 10A: Ins 24.12.1999. Am 7.11.2003.

Part 3 Special provisions

Division 1 General

11 Advertisements relating to tourism

(1)  For the purposes of this clause, tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short term use basis, and may include:

(a)  hotels, motels, bed and breakfast accommodation, serviced apartments, holiday cabins, caravan parks, camping grounds, houseboats and associated swimming pools, golf courses, tennis courts and marinas, and

(b)  restaurants, and

(c)  souvenir shops, arts and craft galleries and exhibition centres.

(2)  Despite any other provision of this plan, development may be carried out with consent on any land for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the Council is satisfied that:

(a)  the principal purpose of the advertisement is to direct the travelling public to that building or place, and

(b)  the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

cl 11: Subst 24.10.1997.

12 Development not requiring Council consent

Notwithstanding any other provision of this plan, development may be carried out on any land, without the consent of the Council for:

(a)  any shop window display,

(b)  any advertisement which is not visible from a road, river, railway or park,

(c)  a temporary advertisement, being one which is displayed on a lot for a period not exceeding 28 days within a 12 month period, or

(d)  any advertisement which complies with the criteria for “Approved Signs” as specified in any development control plan which is adopted by the Council for that purpose.

cl 12: Am 3.11.1995.

13 Subdivision of land—generally

(1)  A person shall not subdivide land to which this plan applies except with development consent.

(2)  A reference in this plan to the subdivision of land includes a reference to any severance of land by the opening of a public road.

(3)  Notwithstanding any other provisions of this plan, including the provisions of clause 14, the Council may consent to a subdivision of land for the purposes of a minor adjustment of the boundary between two lots provided that:

(a)  the configuration of the allotments remains substantially the same, and

(b)  the area of each allotment proposed is varied by no more than 10 per cent, and

(c)  the Council is satisfied that the boundary adjustment is necessary in the circumstances of the case.

(4)  A subdivision under subclause (3) may include land which is partly within one zone and partly within another zone.

(5)  Subdivision of land within Zone No 10 (a) to create additional lots is prohibited.

cl 13: Am 24.12.1999; 31.8.2001; 28.11.2003.

14 Subdivision of land within Zone No 1 (a), 1 (c), 7 (a), 7 (b), 7 (c), 7 (d), 7 (e), 7 (f) or 7 (g)

(1)  This clause applies to land within Zone No 1 (a), 1 (c), 7 (a), 7 (b), 7 (c), 7 (d), 7 (e), 7 (f) or 7 (g).

(2)  Except as provided by subclauses (3) and (4), a person shall not subdivide land to which this clause applies so as to create an allotment having an area of less than:

(a)  in the case of land within Zone No 1 (c), 7 (a), 7 (d), 7 (e), 7 (f) or 7 (g)—40 hectares,

(b)  in the case of land within Zone No 1 (a) or 7 (b)—20 hectares,

(c)  in the case of land within Zone No 7 (c)—2 hectares.

(3)  A person may, with the consent of the Council:

(a)  subdivide land to which this clause applies where:

(i)  the land is partly within one zone and partly within another zone,

(ii)  the area of the land within one of the zones is not less than the area specified in subclause (2) in respect of that zone,

(iii)  the area of the land in the other zone is less than the area specified in subclause (2) in respect of that zone, and

(iv)  one of the allotments to be created by the subdivision comprises the whole of the land referred to in subparagraph (iii), or

(b)  subdivide land within Zone No 7 (c) so as to create one or more allotments of less than 2 hectares but not less than 1 hectare where the average of the areas of all the allotments in the subdivision is not more than 2 hectares and where:

(i)  the person dedicates to the Council as a public reserve land within Zone No 7 (a) which is in the same ownership as the land within Zone No 7 (c),

(ii)  the person contributes to the Council an amount of money to be used by the Council for the purchase of land within Zone No 7 (a) for use as a public reserve or for the improvement or embellishment of any public reserve owned by the Council which is within Zone No 7 (a),

(iii)  the plan of subdivision is a strata plan, within the meaning of the Strata Titles Act 1973, which includes as common property land within Zone No 7 (a) which adjoins land within Zone No 7 (c) and that part of the common property which is within Zone No 7 (a) is accessible from each of the lots in the strata plan,

(iv)  the person dedicates land within Zone No 7 (a) in accordance with subparagraph (i) and makes a contribution in accordance with subparagraph (ii), or

(v)  the person makes a contribution in accordance with subparagraph (ii) and land within Zone No 7 (a) is included in common property in accordance with subparagraph (iii).

(4)  Where land within Zone No 7 (a) is to be dedicated in accordance with subclause (3) (b) (i) or included in common property in accordance with subclause (3) (b) (iii), the area of land that, as the case may be, is to be so dedicated or so included shall be that number of hectares that is equal to the number obtained:

(a)  by subtracting from the number of allotments to be created (as referred to in subclause (3) (b)) the number obtained by dividing the total area of land within Zone No 7 (c), expressed in hectares, by 2, and

(b)  by multiplying the number calculated pursuant to paragraph (a) by 5,

adjusted to the first decimal place.

(5)  Where a contribution is to be made in accordance with subclause (3) (b) (ii), the amount of the contribution to be so made shall be that number of dollars that is equal to the number obtained:

(a)  by subtracting from the number of allotments to be created (as referred to in subclause (3) (b)) the number obtained by dividing the area of land within Zone No 7 (c), expressed in hectares, by 2, and

(b)  by multiplying the number calculated pursuant to paragraph (a) by 5 times the value, expressed in dollars, of 1 hectare of land within Zone No 7 (a), as determined from time to time by the Council,

adjusted to the nearest whole number.

(6)  Where:

(a)  land within Zone No 7 (a) is to be dedicated and a contribution is to be made in accordance with subclause (3) (b) (iv), or

(b)  land within Zone No 7 (a) is included in common property and a contribution is to be made in accordance with subclause (3) (b) (v),

the amount of the contribution to be so made shall be that number of dollars that is equal to the number calculated pursuant to subclause (5) less the number obtained by multiplying the area of land within Zone No 7 (a) to be dedicated or included in common property by the value, expressed in dollars, of 1 hectare of land within that zone (as determined pursuant to subclause (5)), adjusted to the nearest whole number.

(7)  Where land is subdivided in accordance with subclause (3) (b), the total number of allotments that may be created by one or more subdivisions made at any time before or after the appointed day shall not exceed the number of hectares of the land within Zone No 7 (c) adjusted down to the nearest whole number.

(8)  Land within Zone No 7 (a) included in common property pursuant to subclause (3) (b) (iii) shall not be used for any purpose other than agriculture, parks or gardens and shall not be so used without the consent of the Council.

(9)  The Council shall upon receipt by it of a contribution made pursuant to this clause place that contribution in a trust account for use for the purpose specified in subclause (3) (b) (ii).

cl 14: Am 24.10.1997; 10.12.1999.

14A Subdivision of dual occupancies within Zone No 2 (e) prohibited

(1)  The Council must not grant consent for a subdivision (by a strata plan or otherwise) that creates separate titles for the two dwellings comprising a dual occupancy building or a detached dual occupancy on land within Zone No 2 (e).

(2)  The separate occupation of the proposed lots illustrated by a proposed strata plan is prohibited if the proposed plan relates to a dual occupancy building or a detached dual occupancy within Zone No 2 (e).

cl 14A: Ins 14.3.1997 (see also 4.7.1997). Subst 24.10.1997; 28.11.2003. Am 24.9.2004.

15 Development on land containing acid sulfate soils

(1)  The objective of this clause is to require special assessment of certain development on land identified as being subject to actual acid sulfate soils or potential acid sulfate soils.

(2)  A person must not, without the consent of the Council, carry out works described in the following Table on land of the class or classes specified for those works in that Table and shown on the Acid Sulfate Soils Planning Map, except as provided by subclause (4).

Class of land shown on Acid Sulfate Soils Planning Map	Works
1	Any works
2	Works below the natural ground surface Works by which the watertable is likely to be lowered
3	Works beyond 1 metre below the natural ground surface Works by which the watertable is likely to be lowered to any point beyond 1 metre below the natural ground surface
4	Works beyond 2 metres below the natural ground surface Works by which the watertable is likely to be lowered to any point beyond 2 metres below the natural ground surface
5	Works which are likely to lower the watertable in adjacent Class 1, 2, 3 or 4 land to any point below 1 metre AHD

(3)  For the purposes of subclause (2), works includes:

(a)  any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, agricultural-related works, the construction or maintenance of drains, engineering works, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations, or flood mitigation works), or

(b)  any other works that are likely to lower the watertable.

(4)  This clause does not require consent for the carrying out of works if:

(a)  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and

(b)  the Council has provided written advice to the person proposing to carry out the works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(5)  The Council must not grant a consent required by this clause unless it has considered:

(a)  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

(b)  the likelihood of the proposed development resulting in the discharge of acid water, and

(c)  any comments received from the Department of Infrastructure, Planning and Natural Resources within 21 days of the Council having sent that Department a copy of the development application and the related acid sulfate soils management plan.

(6)  This clause requires consent for development to be carried out by the Council and other public authorities despite:

(a)  clause 35 of, and items 2 and 11 of Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980, as adopted by this plan, and

(b)  clause 10 of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development, and

(c)  clause 24 of this plan.

(7)  Notwithstanding the provisions of subclause (6), the following types of development may be carried out without consent by the Council or another public authority:

(a)  development consisting of emergency work and remediation, subject to compliance with subclause (9),

(b)  development consisting of routine maintenance and remediation, subject to compliance with subclause (9),

(c)  development on class 4 or 5 land (within the meaning of subclause (2)) consisting of minor work, and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies and remediation, subject to compliance with subclause (9).

(8)  Despite subclause (7), development consisting of routine maintenance or minor work may be carried out only with consent if the development is on a site listed as a heritage item.

(9)  Where the Council or another public authority carries out development described in subclause (7) and encounters, or is reasonably likely to encounter acid sulfate soils, the Council or other public authority shall properly deal with those soils in accordance with the Acid Sulfate Soils Assessment Guidelines so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.

cl 15: Am 24.10.1997. Rep 31.8.2001. Ins 28.11.2003.

16 Dwelling-houses

(1)  Except as otherwise provided by this plan, one dwelling-house only may be erected, with the consent of the Council, on an allotment of land that was in existence on the appointed day or with an area not less than the applicable minimum area specified in clause 14 (2) or (3) (b), within Zone No 1 (a), 1 (c), 7 (a), 7 (b), 7 (c), 7 (d), 7 (e), 7 (f), 7 (g) or 10 (a).

(2)  Notwithstanding subclause (1), the erection of a dwelling-house on an allotment of land created in accordance with clause 14 (3) (a), being the allotment referred to in subparagraph (iv) of that paragraph, is prohibited.

(3)  Notwithstanding subclauses (1) and (2), an allotment meeting the minimum area requirements of clause 14 (2) (a), (b) or (c), as the case may require, may have 2 dwelling-houses erected on it, with the consent of the Council, if:

(a)  the Council is satisfied that both dwelling-houses will be used in conjunction with the use of the allotment for the purposes of agriculture, or

(b)  the Council is satisfied that the second dwelling-house will replace one which is to be demolished, or the use of which (as a dwelling-house) it is proposed to abandon.

(3A)  Subclause (3) (a) does not apply to land within Zone No 7 (a) or 10 (a).

(4)  Subclause (3) does not apply to land within Zone No 7 (d) or 7 (e).

cl 16: Am 24.10.1997; 28.11.2003.

17 Dwelling-houses: split zoned parcels

Notwithstanding any other clause of this plan, an allotment which is partly within one zone, being a zone other than Zone No 1 (d), 2 (a), 2 (b), 2 (c), 2 (d) or 2 (g), and partly within another zone may be treated for the purposes of the erection of a dwelling-house as being a singular zoned allotment within either of those zones for the purposes of clause 16.

cl 17: Am 24.10.1997.

18 Restriction on development—lot amalgamation

(1)  This clause applies to land in the localities shown by distinctive edging and marked “lot amalgamation” on the map, except land described in Schedule 5.

(2)  One dwelling-house only may be erected, with the consent of the Council, on land in each of the localities referred to in subclause (1).

(3)  Where an allotment of land to which this clause applies is one of a number of adjoining allotments within the same locality, the Council must not consent to any development on the land, unless a condition of its consent requires that all the allotments within the same locality be amalgamated.

cl 18: Subst 24.10.1997. Am 8.10.1999; 28.11.2003.

19 Development near lakes, rivers and creeks

The Council shall, in respect of an application for its consent to carry out development of land adjoining Wyong River, Wallarah Creek, Tumbi Umbi Creek, Cedar Brush Creek, Ourimbah Creek, Jilliby Jilliby Creek, Little Jilliby Jilliby Creek, Lake Macquarie, Lake Munmorah, Bunning Creek, Budgewoi Lake or Tuggerah Lake, take into consideration:

(a)  the impact of that development on water quality and quantity, existing vegetation, fish, aquatic life and the location of the water body or watercourse, and

(b)  any effects of the development on water supply, and

(c)  whether the development is likely to cause detrimental effects on a watercourse or water body through erosion, sedimentation or the emission of pollutants, and

(d)  whether the development incorporates best practice water sensitive urban design techniques.

cl 19: Am 24.10.1997. Subst 28.11.2003.

20 Reclamation of land

(1)  The Council shall not grant consent to an application to reclaim land below high water mark within the Shire of Wyong except with the concurrence of the Minister.

(2)  In deciding whether to grant concurrence in pursuance of subclause (1), the Minister shall take into consideration:

(a)  any representations made by the Department of Agriculture, NSW Fisheries and Office of Government Business within the Department of Commerce, and

(b)  the impact of the development on the natural environment and the use of the waterway for recreational purposes.

cl 20: Am 24.10.1997; 28.11.2003.

21 Development below high water mark

A person shall not carry out development on any land:

(a)  below high water mark,

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

(c)  which has been reclaimed,

without the consent of the Council subject where relevant to meeting other requirements including those applicable to navigable waters.

cll 21: Am 24.10.1997.

22 Community use of schools

Notwithstanding any other provision of this plan, a person may, with consent of the Council, carry out development for the purposes of:

(a)  the community use of the facilities and sites of schools, colleges and other education establishments,

(b)  the commercial operation of those facilities and sites for community purposes, and

(c)  the carrying out of development for community uses on land used for the purposes of schools, colleges or other educational institutions, whether or not the development is ancillary to those purposes.

23 Flood prone land

(1)  Notwithstanding any other provision of this plan a person shall not erect a building or carry out a work on land which, in the opinion of the Council is, within a flood prone area, other than on land within Zone No 2 (a), 2 (b), 2 (c), 2 (d) or 2 (g), without the consent of the Council.

(2)  The Council may, as a condition of its consent to the carrying out of development referred to in subclause (1), require the floor of the building or work to be erected at a height sufficient, in the opinion of the Council, to prevent or reduce the incidence of flooding of that building or work or of adjoining land.

(3)  The Council shall take into account as a matter for consideration in determining whether to grant consent as referred to in this clause the effect of the proposed development on flooding.

cll 23: Am 24.10.1997.

24 Development by the Council

(1)  Development carried out by, or under the authority of or on behalf of, the Council requires the consent of the Council, except as provided by subclause (2).

(2)  The following development may be carried out by, or under the authority of or on behalf of, the Council without development consent:

(a)  reconstruction, improvement, maintenance or repair of any road, except for the re-alignment, relocation or widening (other than within the existing road reserve) of a road, and

(b)  development which, in the opinion of the Council, constitutes minor extensions or improvements or maintenance of existing utility installations or a combination of those, and

(c)  development which, in the opinion of the Council, constitutes minor improvements or maintenance of existing public facilities or works owned, operated or controlled by the Council, and

(d)  landscaping and gardening.

(3)  The reference in subclause (2) (a) to development for the purpose of roads includes a reference to the winning of extractive material within the road reserve by the Council for the purpose of road construction works, including roadworks associated with re-alignment or widening, but does not include a reference to development within the meaning of extractive industries as defined in Schedule 3 to the Environmental Planning and Assessment Regulation 1994.

cl 24: Subst 24.10.1997.

25 Crown development

Nothing in this plan restricts or prohibits or enables the Council to restrict or prohibit the use of existing buildings of the Crown by the Crown.

cl 25: Rep 10.3.1995. Ins 24.10.1997.

26 Temporary use of land

Notwithstanding any other provision of this plan, the Council may at its discretion, subject to consideration of the matters set out in section 79C of the Act, grant consent to the carrying out of development on land for any purpose (not being designated development or contrary to the provisions of any other environmental planning instrument) for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year.

cl 26: Am 28.11.2003.

27 General stores

The Council must not grant consent to the erection of a general store where:

(a)  the retail sales area will take up more than 125 square metres of the gross floor area, and

(b)  the site is located within four hundred metres of land within a business zone.

cl 27: Subst 24.10.1997. Am 28.11.2003.

27A Roadside stalls—maximum area

The area of a building or a place used for a roadside stall must not exceed 20 square metres.

cl 27A: Ins 24.10.1997.

27B Home businesses—location

The Council shall not consent to the carrying out of a home business unless:

(a)  the development is located more than four hundred metres from land within a business zone, or

(b)  the development is located within four hundred metres of land within a business zone and:

(i)  is not located on any public road on which the business zone is located, or

(ii)  the Council is satisfied that the development will not adversely impact on any existing or potential future use in a business or industrial zone.

cl 27B: Ins 24.10.1997. Subst 28.11.2003.

28 Tree management

(1)  This clause applies to all land within the area of Wyong except:

(a)  land within Zone No 1 (f), including a State forest or other Crown-timber lands within the meaning of the Forestry Act 1916, or

(b)  land within Zone No 8 (a).

(2)  A person shall not:

(a)  prune or trim (except in accordance with AS 4373—1996, Pruning of amenity trees), remove, clear, cut down, destroy, poison, ringbark, lop, top, injure or interfere with any tree or native vegetation without the prior development consent of the Council, or

(b)  cause, permit or authorise the pruning or trimming (except in accordance with AS 4373—1996, Pruning of amenity trees), removing, clearing, cutting down, destroying, poisoning, ringbarking, lopping, topping, injuring or interfering with of any tree or native vegetation without the prior development consent of the Council.

(3)  Notwithstanding subclause (2), consent is not required for:

(a)  the removal or trimming of trees in accordance with the Electricity Supply (Safety Plans) Regulation 1997 or the Electricity (Tree Preservation) Regulation 1995, or

(b)  the removal or trimming of trees in accordance with section 88, 107, 138 or 139 of the Roads Act 1993, or

(c)  the removal or harvesting of trees grown commercially or domestically for their edible fruit, or

(d)  the removal of noxious weeds within the meaning of the Noxious Weeds Act 1993, or

(e)  the removal of commercially grown plantation trees in accordance with the Timber Plantations (Harvest Guarantee) Act 1995, or

(f)  the removal or clearing of native vegetation authorised (but not exempt) under the Native Vegetation Conservation Act 1997, any other Act or another environmental planning instrument, or

(g)  the removal of dead trees, except where the trees provide habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or

(h)  the removal of native vegetation on land in any zone to which this clause applies for the purpose of creating or maintaining landscaped and lawn areas where:

(i)  the work does not involve the removal, injury or destruction of trees, and

(ii)  the area to be cleared is within the curtilage of a dwelling for which development consent has been granted and is less than 1,000 square metres in total, and

(iii)  the slope of the land is not in excess of 18 degrees, and

(iv)  the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995,

(i)  the clearing of native vegetation within urban zones where:

(i)  the work does not involve the removal, injury or destruction of trees, and

(ii)  the allotment of land on which the work is proposed has an area of less than 1,000 square metres, and

(iii)  the slope of the land is not in excess of 18 degrees, and

(iv)  the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or

(j)  any works defined as exempt vegetation management works by this plan.

(4)  The Council shall not grant consent for the works referred to in subclause (2) unless:

(a)  such works are ancillary to or necessary to undertake a use permitted on the land, and

(b)  the Council has made an assessment of the importance of the vegetation in relation to:

(i)  soil stability and prevention of land degradation, and

(ii)  water quality and associated eco-systems, such as streams, estuaries and wetlands, and

(iii)  scenic or environmental amenity, and

(iv)  vegetation systems and natural wildlife habitats.

(5)  Nothing in this clause affects any requirement made by or under the Native Vegetation Conservation Act 1997.

cl 28: Am 24.10.1997. Subst 6.8.1999. Am 28.11.2003.

29 Services

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

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

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

30 Development near boundary of adjacent zones

(1)  Subject to subclause (2), development which is permitted within a zone may, with the consent of the Council, be carried out on land in an adjacent zone other than Zone No 6 (b), 7 (d) or 7 (e) within 20 metres of the boundary between the zones.

(2)  The Council may grant consent under the Act to the carrying out of development pursuant to subclause (1) only where the carrying out of the development is necessary, in the opinion of the Council, due to planning, design, servicing or similar requirements relating to the optimum development of land to which this plan applies.

31 Foreshore building lines

(1)  The Council, may, be resolution, fix a line (in this clause called a foreshore building line) in respect of any land fronting any bay, river, creek, lake, lagoon, harbour or ocean.

(2)  A foreshore building line shall, when fixed in accordance with subclause (1), be marked upon a plan or clearly described in the resolution and the plan or resolution shall be available for inspection by the public during the office hours of the Council.

(3)  The Council may alter or abolish any foreshore building line, where the levels, depth or other exceptional features of the site make it necessary or expedient to do so.

(4)  A building shall not be erected between a foreshore building line and a bay, river, creek, lake, lagoon, harbour or ocean in respect of which the line is fixed.

(5)  The Council may, after consideration of the appearance of the proposed structure and the effect on the locality in relation to the area between the foreshore building line and the high water mark, consent to the erection of:

(a)  boat sheds,

(b)  wharves,

(c)  jetties,

(d)  retaining walls,

(e)  swimming pools,

(f)  structures or works not being habitable buildings below or at the surface of the ground, or

(g)  other structures which, in the opinion of the Council, are unobtrusive and acceptable,

between a foreshore building line and the bay, river, creek, lake, lagoon, harbour or ocean in respect of which the line is fixed.

32 Development of heritage items

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

(a)  demolishing, defacing, damaging or moving a heritage item, or

(b)  altering a heritage item by making structural changes to its exterior, or

(c)  altering a heritage item 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, or

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

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

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

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

cl 32: Subst 10.9.1999.

33 Notification and exhibition of certain heritage development applications

(1)  Sections 84, 85, 86, 87 (1) and 90 of the Act as in force immediately before July 1 1998 (which provide for the giving of notice, and for the making and consideration of submissions about proposed development) apply:

(a)  to the demolishing, defacing or damaging of a heritage item, and

(b)  to the use of a building or land referred to in clause 36 for a purpose which, but for that clause, would be prohibited by this plan,

in the same way as those provisions apply to designated development.

(2)  Before granting development consent to the demolishing, defacing or damaging of a heritage item identified in Schedule 1 as being of State significance, the Council (in addition to giving notice of the application in accordance with subclause (1)), shall forward a copy of the application to the Secretary of the Heritage Council and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.

cl 33: Subst 10.9.1999. Am 17.12.2004.

34 Development of known or potential archaeological sites

(1)  The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance 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, and

(b)  it has notified the Director-General of National Parks and Wildlife 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 Council 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 a heritage impact 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, 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 of the notice being sent.

(3)  Subclause (2) does not apply if the proposed development does not involve disturbance of below ground deposits and the Council is of the opinion that the heritage significance of any above ground deposits would not be adversely affected by the proposed development.

cll 34–36: Subst 10.9.1999.

35 Development in the vicinity of heritage items, archaeological sites or potential archaeological sites

The Council must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, 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.

cll 34–36: Subst 10.9.1999.

36 Conservation incentives

(1)  The Council may grant consent to the use, for any purpose, of a building that is a heritage item 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 and would have little or no adverse effect on the amenity of the 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 that is a building is located, the Council 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 heritage item from its calculation of the floor space of the buildings erected on the land, but only if the Council is satisfied that the conservation of the heritage item depends on it making the exclusion.

cll 34–36: Subst 10.9.1999.

37 Prohibitive access

(1)  Except as provided as subclause (2), the creation of vehicular crossings, in, on or through the boundaries of any lands in relation to which the statement “boundaries across which direct access is denied” appears on the map and being the boundaries on or adjacent to which a series of heavy black dots appears on the map, is prohibited.

(2)  The Council may grant consent to a vehicular crossing on land to which this clause applies where it is satisfied that development would not be practicable unless direct vehicular access is provided.

cl 37: Am 24.10.1997.

38 Agriculture

(1)  Subject to subclause (2), the cultivation of any plants for the production of fruit, vegetables or flowers and the use of land for the keeping or breeding of livestock (other than intensive agriculture) may be carried out without the consent of the Council on any land to which this plan applies other than land within Zone No 1 (c), 7 (a), 7 (g) or 10 (a).

(2)  Buildings or works for the purposes of (or ancillary to) a permissible form of agriculture, other than buildings or works which, in the opinion of the Council, are of a minor nature, shall not be erected or carried out (as the case may be) without consent.

cl 38: Am 24.10.1997; 10.12.1999. Subst 28.11.2003.

Division 2 Rural, conservation, scenic protection and environmental protection

39 Concurrence—environmental protection zone

(1)  Consent to the development of land, including consent to the alteration, enlargement or rebuilding of any existing building or work within Zone No 7 (d) or 7 (e) shall not be given without the concurrence of the Director.

(2)  In deciding whether to grant concurrence to development within Zone No 7 (d) in pursuance of subclause (1), the Director shall take into consideration:

(a)  any potential changes to the appearance of the landscape,

(b)  whether adequate safeguards and rehabilitation measures have been proposed to protect the environment,

(c)  whether the proposed development would detrimentally affect the protection or preservation of environmental or recreational values of the land,

(d)  whether the proposed development may be more suitably undertaken in a different form or at an alternative site, and

(e)  the extent of previous and existing disturbances and modifications to the land, including weed infestation, drainage works, vegetation clearing and construction works.

(3)  In deciding whether to grant concurrence to development within Zone No 7 (e) in pursuance of subclause (1) the Director shall take into consideration:

(a)  the effect of the proposed development on the costs of acquisition,

(b)  the imminence of acquisition, and

(c)  the costs, if any, associated with the reinstatement of the land to its natural or undeveloped state upon cessation of the proposed development.

40 Acquisition and development of land within Zone No 7 (e)

(1)  The owner of any land not already in public ownership within Zone No 7 (e) may by notice in writing require the corporation to acquire the land.

(2)  On receipt of a notice referred to in subclause (1), the corporation shall acquire the land.

41 Dwelling-houses on land within environmental buffer area (Zone No 7 (f))

Where consent is sought for the erection of a dwelling-house on an allotment of land within Zone No 7 (f) and the allotment is one of a number of adjoining allotments held in the same ownership on 25 July 1986, the Council shall not grant its consent unless all the allotments are amalgamated.

cl 41: Am 24.10.1997.

41A Development of land within Zone No 7 (g)

(1)  The Council must not consent to any development on land within Zone No 7 (g) unless it has taken into consideration a wetland effects statement that includes the following:

(a)  a statement of the objectives of the development,

(b)  an analysis of any feasible alternatives to the proposed development or alternatives to the site, having regard to its objectives, including an explanation of:

(i)  the consequences of not carrying out the development, and

(ii)  reasons justifying the carrying out of the development,

(c)  identification of the wetland habitats, ecological values and hydrological characteristics of the site, including:

(i)  a vegetation survey and map to indicate the wetland boundary, the location of all vegetation communities, the occurrence of any plant species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or any species which is recognised by the Council to have local conservation importance and their conservation significance,

(ii)  a report describing the birds (both indigenous and migratory), reptiles, amphibians and mammals (including bats) which occur or have the potential to occur on the site and the occurrence of any animal listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or any species which is known to have local by the Council or regional conservation importance,

(iii)  an analysis of the surface and groundwater quality and hydrological regime of the site, and

(iv)  an analysis of the visual contribution of wetland vegetation to the scenic quality of the locality,

(d)  a discussion of the environmental implications of the proposal, including (but not limited to) the following:

(i)  an assessment of the likely changes in the distribution and abundance of plant and animal species in the locality that may result from carrying out the proposed development,

(ii)  a description of the design features incorporated in the proposed development to guard against actual and potential disturbances to the vegetation, fauna, water quality and hydrological regime,

(iii)  a description of measures proposed to be taken to guard against actual and potential disturbances to the vegetation, fauna, water quality and hydrological regime during the construction and operational stages of the proposed development, and

(iv)  a map showing the extent and location of existing vegetation proposed to be cleared from the site,

(e)  a description of any proposed measure intended to offset losses in wetland values or other environmental impacts which may occur if the development is allowed to proceed, such as:

(i)  the preparation and adoption of a management plan which provides for the enhancement of wetlands not affected by the proposal, and

(ii)  the establishment either on-site or nearby of a wetland habitat which functions to replace some values lost through the development or contributes to other wetland values.

(2)  Subclause (1) does not apply to development if, in the opinion of Council, the development is of a minor nature.

(3)  In determining for the purposes of subclause (2) whether development is of a minor nature, the Council shall have regard to any development control plan which may be adopted for the purpose.

(4)  An environmental impact statement that complies with clause 84 of the Environmental Planning and Assessment Regulation 1994 and that is required for proposed development on land to which State Environmental Planning Policy No 14—Coastal Wetlands applies is taken to be a sufficient wetland effects statement for the purposes of this clause for that land.

cl 41A: Ins 10.12.1999.

Division 3 Residential and business

42 Floor space ratio

(1)  This clause applies to land within Zone No 3 (a) that is identified as a local or neighbourhood centre in any development control plan applying to the land.

(2)  The ratio of so much of the gross floor area of a building erected on land to which this clause applies as is not used for residential purposes to the site area must not exceed 0.5:1.

cl 42: Subst 12.4.2002.

42A (Repealed)

cl 42A: Ins 25.6.1993. Rep 12.4.2002.

42B Development in Zones Nos 2 (c) and 2 (g) at The Entrance

(1)  This clause applies to the land within Zone No 2 (c) or 2 (g) shown edged heavy black on the building height map.

(2)  The objective of this clause is to facilitate the construction of larger scale buildings on amalgamated land parcels in a form that is consistent with the natural topography of the land, and where it can be demonstrated to the Council’s satisfaction that the potential impacts associated with such development would be within acceptable limits.

(3)  In the case of development on land within Zone No 2 (g), any permanent residential accommodation to be provided within the buildings on that land is to occupy less than fifty percent of the gross floor area of all of the buildings on that land.

(4)  For the purposes of this clause, a building height is the vertical distance from natural ground level at any point within a building to the top-most ceiling of the building directly above that point.

(5)  For the purposes of this clause, medium or high-rise building means a building with a building height greater than 10 metres, but no building height of which at any point exceeds the height nominated for the land at that point on the building height map, on a parcel (or parcels) of land greater than 1,800 square metres in total area.

(6)  The Council may consent to the erection of a medium or high-rise building on the land to which this clause applies, but only where it is satisfied that:

(a)  having regard to the future neighbourhood character, the proposed building will not be visually intrusive by way of its bulk, scale, design or colour, and

(b)  the proposed building will not unreasonably overshadow any public space or adjacent residential area or significantly impact on privacy or views, and

(c)  any roof structure over and above the height nominated for the land beneath it on the building height map is designed and incorporated into the building in a way that is both interesting and attractive, and

(d)  an assessment of the effects (including cumulative effects) of windtunnelling has been made and that the wind impacts will be within acceptable limits, and

(e)  due regard has been given in the design to any other matters that may be specified in a development control plan applying to the land.

(7)  Buildings with a building height in excess of 10 metres in height on a parcel (or parcels) of land having a total area of 1,800 square metres or less, are prohibited.

(8)  State Environmental Planning Policy No 1—Development Standards does not apply to height requirements for buildings on land to which this clause applies.

cll 42B: Ins 24.10.1997. Subst 22.12.2000*.

42C Development in Zones Nos 3 (a) and 3 (d) at The Entrance

(1)  This clause applies to the land within Zone No 3 (a) or 3 (d) shown edged heavy black on the building height map.

(2)  The objective of this clause is to control the impact of development within the commercial area of The Entrance.

(3)  In the case of development on land within Zone No 3 (d), any permanent residential accommodation to be provided within the buildings on that land is to occupy less than fifty percent of the gross floor area of all of the buildings on that land.

(4)  For the purposes of this clause, a building height is the vertical distance from natural ground level at any point within a building to the top-most ceiling of the building directly above that point.

(5)  The Council may grant consent to the erection of a building on the land to which this clause applies, no building height of which at any point exceeds the height nominated for the land at that point on the building height map, but only where it is satisfied that:

(a)  having regard to the future neighbourhood character, the proposed building will not be visually intrusive by way of its bulk, scale, design or colour, and

(b)  the proposed building will not unreasonably overshadow any public space or adjacent residential area or significantly impact on privacy or views, and

(c)  any roof structure over and above the height nominated for the land beneath it on the building height map is designed and incorporated into the building in a way that is both interesting and attractive, and

(d)  an assessment of the effects (including cumulative effects) of windtunnelling has been made and that the wind impacts will be within acceptable limits, and

(e)  the development incorporates appropriate measures for convenient, sheltered access for pedestrians, including access to other land, and

(f)  the development makes appropriate provision for the supply of parking space demanded by the proposed development, whether on the same land as the development or other land, or both, taking into account the characteristics of the proposed development, possible future changes of use of the land and the capacity of the street system serving the land on which the development is to be carried out, and

(g)  the proposed uses will complement or reinforce the retail functions of the town centre, particularly at street level or where associated with pedestrian accessways, and

(h)  the development does not by its design or siting preclude any necessary traffic improvement works, and

(i)  due regard has been given in the design to any other matters that may be specified in a development control plan applying to the land.

(6)  State Environmental Planning Policy No 1—Development Standards does not apply to height requirements for buildings on land to which this clause applies.

cll 42C: Ins 24.10.1997. Subst 22.12.2000*.

42CA Setbacks for certain buildings fronting The Entrance Road

(1)  Buildings erected on land to which Building Profile A, B, C or D applies, as shown on the building height map, must not protrude beyond the profile established for those buildings on that map, despite any other provision in this plan.

(2)  State Environmental Planning Policy No 1—Development Standards does not apply to a requirement made by this clause.

cl 42CA: Ins 22.12.2000. Am 5.3.2004.

42D Residential subdivision—minimum lot sizes

The Council shall not consent to the subdivision of land within Zone No 2 (a) or 2 (e) to create two or more allotments one or both of which, or a number of which, have an area of less than 450 square metres unless the consent:

(a)  is for the subdivision of land on which a dual occupancy building or detached dual occupancy was erected with consent pursuant to a development application lodged with the Council prior to 5 November 1997, or

(b)  in the case of land within Zone No 2 (a), is granted concurrently with a development consent for a dual occupancy building or a detached dual occupancy on the same land and the subdivision will be carried out in conjunction with the dual occupancy development.

cl 42D: Ins 24.10.1997. Subst 28.11.2003.

42E Erection of medium or high-rise building at Woodbury Park Drive, Mardi

(1)  This clause applies to Lot 622, DP 877750, Woodbury Park Drive, Mardi.

(2)  The Council may consent to the erection of a medium or high-rise building on the land to which clause applies, but only if it is satisfied that:

(a)  when viewed from public spaces, the proposed building will generally be framed by the trees on the ridge to the north of the site, and

(b)  any roof structure over and above the height nominated for the land beneath it on the building height map is designed and incorporated into the building in a way that is both interesting and attractive, and

(c)  due regard has been given in the design of the building to any other matters that may be specified in a development control plan applying to the land.

(3)  For the purposes of this clause:

a building height is the vertical distance from natural ground level at any point within a building to the top-most ceiling of the building directly above that point.

medium or high-rise building means a building with a building height greater than 10 metres but no building height of which at any point exceeds the height nominated for the land at that point on the building height map.

cl 42E: Ins 5.3.2004.

Division 4 Industrial

43 Railway sidings in industrial zone

Nothing in this plan shall operate so as to prohibit the construction and use of any railway siding designed to serve land in an industrial zone.

Division 5 Recreation and special uses

44 Acquisition of special uses and open space land

(1)  The owner of any land in Zone No 5 (a) and marked “drainage” or “sewer buffer” in black letting on the map, or of any land in Zone No 5 (c), 6 (b) or 6 (c), or of any land in Zone No 5 (a) and marked “hospital” on the map, may, by notice in writing, require:

(a)  in the case of land within Zone No 5 (a) and marked “drainage” or “sewer buffer”, the Council,

(b)  in the case of land within Zone No 5 (c), the Council,

(c)  in the case of land within Zone No 6 (b), the corporation, or

(d)  in the case of land within Zone No 6 (c), the Council, or

(e)  in the case of land within Zone No 5 (a) and marked “hospital” on the map, the Health Administration Corporation,

to acquire that land.

(2)  On receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.

(3)  The Council shall not be required to acquire land, the subject of a notice referred to in subclause (1), where the land is required to be dedicated to the Council as a condition of development consent or subdivision approval.

cl 44: Am 24.10.1997; 11.2.2000.

44A Acquisition of land zoned Special Uses 5 (a) Carpark—Manning Road, The Entrance

(1)  This clause applies to land being Lots 3–11, DP 14527 and Lots 12A and 12B, DP 408523, Manning Road, The Entrance, zoned Special Uses 5 (a) Carpark.

(2)  The owner of any land referred to in subclause (1) may, by notice in writing, require the Council to acquire that land.

(3)  The Council, on receipt of a notice referred to in subclause (2), shall acquire the land.

(4)  The Council shall not be required to acquire land, the subject of a notice referred to in subclause (2), where the land is required to be dedicated to the Council as a condition of development consent or subdivision approval.

cl 44A: Ins 22.12.2000.

45 Acquisition and development of land reserved for roads

(1)  The owner of any land within Zone No 5 (d) 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, or

(b)  the land is not vacant but:

(i)  the land is included in the 5 year works programme of the RTA current at the time of the 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 (d):

(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 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 Council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(6)  In this clause:

the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1989.

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.

46 Development of certain land near Warnervale Airport

(1)  A person shall not, on land within the 51 metre AHD Height Limitation Area shown on the map:

(a)  erect a building or structure of a height that exceeds the height limitations shown on the map, or

(b)  carry out development for the purposes of:

(i)  a dam or reservoir (not being a water storage dam for a Public Authority),

(ii)  the handling of storage of grain,

(iii)  the disposal of refuse,

(iv)  an abattoir,

(v)  a stock and sale yard, or

(vi)  intensive agriculture,

except with the consent of the Council.

(2)  An application made for development consent to carry out any development described in subclause (1) (a) shall be referred to the Civil Aviation Safety Authority for comment where a building exceeds the relevant height specified in the Obstacle Limitation Surface Plan for land in the vicinity of Warnervale Aerodrome, prepared in consultation with the Civil Aviation Safety Authority.

(3)  In this clause, Obstacle Limitation Surface Plan means a plan prepared in consultation with the Civil Aviation Safety Authority, adopted by the Council and deposited in the office of the Council.

(4)  In considering whether to grant consent to the development referred to in subclause (2), the Council shall take into account any comment furnished by the Civil Aviation Safety Authority within 28 days (or such longer period as may be agreed upon from time to time before or after the expiration of the 28-day period) after referral of the application.

cl 46: Am 24.10.1997.

47 Sound insulation of buildings near aerodromes

(1)  A person shall not, without the consent of the Council, erect a building in an area for which Australian Noise Exposure Contours have been prepared and adopted by the Council or for which an Australian Noise Exposure Forecast has been endorsed by Airservices Australia.

(2)  The Council shall not grant consent to the erection of a residential building or a building intended for human occupation in such an area unless it is satisfied that measures will be taken:

(a)  which accord with the provisions of AS 2021–1994—Acoustics Aircraft noise intrusion—Building siting and construction published by Standards Australia, and

(b)  which are adequate for the insulation of the building from aircraft noise,

where it considers the frequency of aircraft operation warrants preventative noise protection measures.

(3)  The boundaries of each area referred to in subsection (1) may be ascertained from the office of the Council.

cl 47: Am 24.10.1997. Subst 22.12.2000.

48 Subdivision—new roads

Where land is zoned for the purposes of a proposed new road, the Council shall not consent to a subdivision of land of which the proposed road forms part unless the subdivision makes provision for the opening of a road in reasonable conformity with the proposed road.

49 Relocation of major roads

(1)  The Council shall not, without the approval of the Chief Executive of the Roads and Traffic Authority, cause to be aligned or realigned any road which is a classified road within the meaning of the Roads Act 1993.

(2)  A road or other means of access which forms an intersection with a classified road shall not be opened without the consent of the Council.

(3)  In respect of any application for consent to open a road forming an intersection with a classified road the Council shall consult with the Roads and Traffic Authority of New South Wales and shall take any representations by the Authority into consideration, in determining whether to grant consent.

cll 49: Am 24.10.1997.

50 Development on public roads

(1)  A person shall not carry out development on a public road shown on the map or part of such road lawfully closed without the consent of the Council.

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

cll 50: Am 24.10.1997.

50A Methadone clinics

Despite any other provision of this plan, development for the purpose of methadone clinics, may be carried out only with the consent of the Council on land within Zone No 5 (a) Special Uses—Hospital as shown on the map.

cl 50A: Ins 24.10.1997.

Division 6 Miscellaneous

51 Suspension of certain laws etc

(1)  For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, the operation of any agreement, covenant or instrument which purports to impose restrictions on the carrying out of development on land to which this plan applies, to the extent necessary to serve that purpose, shall not apply to any such development.

(2)  Pursuant to section 28 of the Act, before the making of this plan, the Governor approved of subclause (1).

52 Development for certain additional purposes

(1)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 2 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)  Subclause (1) does not affect the application, to or in respect of the development to which that subclause applies, of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of the development.

53 Development restrictions on certain land

Notwithstanding any other provision of this plan, the Council must not grant consent for development on land referred to in Schedule 4:

(a)  if the development is specified as prohibited in relation to that land in that Schedule, or

(b)  if the development is not included in development specified as being the only development permissible with consent in relation to that land in that Schedule, or

(c)  unless the Council is satisfied that any restriction specified in relation to that land in that Schedule will be met.

cl 53: Subst 24.10.1997; 27.6.2003; 28.11.2003.

54–57 (Repealed)

cl 54: Rep 28.11.2003.

cl 55: Am 24.10.1997. Rep 28.11.2003.

cl 56: Am 18.10.1991. Rep 12.4.2002.

cl 57: Am 18.10.1991; 3.6.1994; 24.10.1997. Rep 12.4.2002.

58 Development on certain land at North Entrance

(1)  In this clause:

integrated tourist facility means a building or place, including a managed resort facility within the meaning of clause 67 (2), containing tourist accommodation, training and seminar facilities, recreational retail establishments, golf courses, administrative facilities, utilities and other infrastructure associated with a tourist resort where the different uses made of the building or place are integrated in a manner which enables integrated management of the tourist facility.

(2)  This clause applies to all land within Lots 632 and 633 DP 823717, Wilfred Barrett Drive, North Entrance, and that is also within Zone No 5 (a).

(3)  The Council may consent to development for the purpose of an integrated tourist facility on land to which this clause applies, but only if:

(a)  the Council is satisfied that the carrying out of development for that purpose will not be inconsistent with the objectives of this plan and that it is necessary to support a viable tourism project, and

(b)  the sum of the floor areas of the ground floor of the buildings and structures comprising the integrated tourist facility will not exceed 10% of the site area.

(4)  A person shall not erect a building which contains more than two storeys on land to which this clause applies other than one principal building which does not exceed four storeys.

(5)  Not more than one integrated tourist facility shall be erected on the land to which this clause applies.

(6)  To the extent that development is carried out pursuant to this clause for the purpose of a managed resort facility within the meaning of clause 67 (2):

(a)  the provisions of clause 67 (5) shall also apply, and

(b)  the Council may grant consent for subdivision only under the Community Land Development Act 1989.

cl 58: Subst 24.10.1997.

59 Local shopping centres—Blue Haven, Warnervale East and Wadalba

(1)  The Council must not grant consent for the development of more than one local shopping centre within each of the areas of land within Zone No 2 (e) being at:

(a)  Blue Haven, generally bounded by the Pacific Highway, Wallarah Creek, McKellar Boulevarde and the motorway linking the Sydney-Newcastle Freeway with the Pacific Highway, and

(b)  Wadalba, as shown on Sheet No 2 of the map marked “Wyong Local Environmental Plan 1991 (Amendment No 2)”.

(2)  The Council must not grant consent for the development of more than two local shopping centres on land within Zone No 2 (e) at Warnervale East, as shown on Sheet No 1 of the map marked “Wyong Local Environmental Plan 1991 (Amendment No 2)”.

(3)  Notwithstanding any other provision of this plan, a person may, with the consent of the Council, carry out development for the purpose of a local shopping centre on land on which development is restricted by subclause (1) or (2) where:

(a)  the gross floor area of any building or buildings used for the purposes of a shop does not exceed 1,000 square metres, and

(b)  the gross floor area of any building or buildings used for the purposes of commercial premises does not exceed 200 square metres.

(4)  The Council must not grant consent to the carrying out of development for the purposes of any local shopping centre on any such land unless the Council has:

(a)  first requested, and considered, a report (provided by the applicant for the consent) assessing retail and commercial demand for the development, and

(b)  considered the appropriateness of the location of the development relative to other development in the urban release area in which it is situated.

cl 59: Subst 24.10.1997. Am 28.11.2003.

59A Highway service centres—Warnervale

(1)  In this clause:

highway service centre means a commercial complex which contains limited commercial and retail facilities, restaurant facilities, service station facilities and weigh bridges and which has direct access to the Sydney-Newcastle Freeway.

(2)  This clause applies to all land shown on the map as being those parts of Lot 41, DP 814963 and Lot 32, DP 814964 that are within Zone No 5 (a).

(3)  The Council shall not consent to the carrying out of development for the purposes of a highway service centre where any building or buildings or part thereof used for the purposes of a shop has a gross floor area of more than 600 square metres, excluding areas used for offices, staff rooms, public toilets and store rooms.

(4)  The Council shall not consent to the carrying out of development for the purposes of a highway service centre unless it is satisfied that the centre is to be managed by a single operator.

cl 59A: Ins 18.10.1991. Am 24.10.1997.

60 (Repealed)

cl 60: Rep 24.10.1997.

60A Integrated entertainment and recreation complex at Tumbi Umbi

(1)  This clause applies to land being Lot 1007, DP 864115 and Lots 226 and 227, DP 864114, Mingara Drive, Tumbi Umbi, as shown as being within Zone No 5 (a) on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 94).

(2)  Notwithstanding any other provision of this plan, the Council must not grant consent to development on land to which this clause applies for purposes other than an integrated entertainment and recreation complex including carparking, club, entertainment centre, motel, recreation area, recreation facility and restaurants unless:

(a)  the Council is satisfied the proposed development is compatible with and appropriately integrated with the primary use of the land for an integrated entertainment and recreation complex, and

(b)  the Council is satisfied that the proposed development will not unduly impact on the amenity of nearby existing and likely future residential areas, particularly in respect of acoustic illumination, traffic and access considerations.

(3)  Pursuant to section 29 of the Act, development to be carried out on land to which this clause applies for the purpose of a sports stadium, of which the seating capacity exceeds 10,000 seats, is declared to be designated development for the purposes of the Act.

cl 60A: Ins 29.11.1991. Subst 2.12.1994. Am 24.10.1997. Subst 21.8.1998.

60B Development of certain land—Mingara Drive, Tumbi Umbi

(1)  This clause applies to the land, being lots 2, 4, 7, 8, 9 and 10 DP 863731, Mingara Drive, Tumbi Umbi, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 97)”.

(2)  Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on:

(a)  Lot 2, DP 863731—for the purpose of a car service centre, and

(b)  Lots 4, 7, 8 and Lot 10, DP 863731—for the purpose of a service station, a car wash facility and restaurants, and

(c)  Lot 9, DP 863731—for the purpose of a drive-thru video outlet,

if the development is, in the opinion of the Council, appropriately integrated with development for which consent has been granted in accordance with clause 60A.

cl 60B: Ins 14.10.1994. Am 15.3.1996. Subst 22.8.1997.

61 (Repealed)

cl 61: Subst 24.10.1997. Rep 28.11.2003.

61A Land at Elizabeth Bay Drive, Lake Munmorah—restriction on buildings

(1)  This clause applies to certain land at Elizabeth Bay Drive, Lake Munmorah, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 82)”.

(2)  The Council must not grant consent to the erection of any building on land to which this clause applies unless it is located on that part of the land shown hatched on the map.

cl 61A: Ins 16.8.1996.

62–65 (Repealed)

cl 62: Ins 30.8.1991. Subst 24.10.1997. Rep 12.4.2002.

cl 63: Ins 29.11.1991. Am 24.10.1997. Rep 28.11.2003.

cl 63A: Ins 16.7.1993. Am 24.10.1997. Rep 28.11.2003.

cl 64: Ins 5.2.1993. Rep 28.11.2003.

cl 65: Ins 2.4.1993. Subst 24.10.1997. Rep 28.11.2003.

65A Classification or reclassification of public land as operational land

(1)  The public land described in Schedule 3 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(2)  In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 3, 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 any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(a)  any reservations that except land out of a Crown grant relating to the land, and

(b)  reservations of minerals (within the meaning of the Crown Lands Act 1989), and

(c)  any other trusts, estates, interests, dedications, conditions, restrictions and covenants described in Column 3 of Schedule 3.

(3)  In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 3, is the local environmental plan cited at the end of the description of the parcel.

(4)  Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 3 was made, the Governor approved of subclauses (2) and (3) applying to the land.

(4A)  Land described in Part 3 of Schedule 3:

(a)  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(5)  Land described in Part 1 of Schedule 3 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

cl 65A: Ins 11.11.1994. Am 10.11.2000; 23.8.2002.

66, 66A (Repealed)

cl 66: Ins 26.11.1993. Rep 28.11.2003.

cl 66A: Ins 16.6.2000. Rep 28.11.2003.

67 Managed resort facilities—Wyong and Summerland Point

(1)  This clause applies to:

(a)  land within Zone No 1 (c) fronting Pollock Avenue and Warner Avenue, Wyong, as shown edged heavy black on the maps marked “Wyong Local Environmental Plan No 125” and “Wyong Local Environmental Plan 1991 (Amendment No 72)”, and

(b)  Lot 22, DP 791703, Summerland Road, Summerland Point, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 60)”.

(2)  In this clause, managed resort facility means an establishment providing for holiday accommodation or recreation and may include permanent accommodation, entertainment facilities, recreation facilities, a boat shed, boat loading facilities, a general store, convention facilities, holiday cabins, a hotel, house boat facilities, a marina, a motel, restaurants, tourist shops ancillary to the establishment or a club used in conjunction with any such facilities.

(3)  Despite the other provisions of this plan, a person may, with the consent of the Council, carry out development for the purpose of a managed resort facility on the land to which this clause applies.

(4)  A person may, with the consent of the Council, subdivide, in accordance with the Community Land Development Act 1989, the land on which the managed resort facility is located even if one or more of the lots to be created by the subdivision will not meet any minimum lot size requirements specified elsewhere in this plan for the zone in which the land is situated.

(5)  The Council may consent to the use for permanent residence of up to seventy-five per cent of the accommodation provided by a managed resort facility. In determining the proportion concerned, the Council must have regard to the nature of the facility and its relationship to surrounding land uses, and must be satisfied that the granting of the consent will not result in the dominant use of the land on which the facility is located being for a purpose other than that of a managed resort facility.

(6)  Consent must not be granted pursuant to this clause for development of the land referred to in subclause (1) (b), unless the Council is satisfied that:

(a)  the land shown hatched on the map referred to in subclause (1) (b), despite subclause (4), will be retained as one allotment, and

(b)  the land shown unhatched on that map will be the only location for all permanent residence permitted by subclause (5).

cl 67: Ins 25.11.1994. Am 8.12.1995. Subst 24.10.1997; 22.12.2000.

68 Managed resort facilities—The Entrance

(1)  This clause applies to:

(a)  Lots 1 and 2, DP 536168 and Lot 1, DP 513519, being land within Zone No 3 (d) and having frontage to Marine Parade, The Entrance Road and Ocean Parade, The Entrance, and

(b)  Lot 5, DP 790801, Lots A, C and D, DP 382461 , Lots 1–4, SP 20363, Lots 1 and 2, DP 517291 and Lot 1, DP 25611, being land within Zone No 2 (g) and having frontage to Wilfred Barrett Drive, The Entrance Road West, Oakland Avenue and Bent Street, The Entrance, and

(c)  Lots 1 , 2 and 3, DP 571197, Lots 1–4, DP 367602, Lot 10–12, DP 23428 and Lot 15, DP 832013, being land within Zone No 2 (g) and having frontage to The Entrance Road West, Oakland Avenue and Clifford Street, The Entrance.

(2)  In this clause, managed resort facility means an establishment providing for holiday accommodation or recreation and may include permanent accommodation, entertainment facilities, recreation facilities, a boat shed, boat loading facilities, a general store, convention facilities, holiday cabins, a hotel, house boat facilities, a marina, a motel, restaurants, tourist shops ancillary to the establishment or a club used in conjunction with any such facilities.

(3)  Despite the provisions of clause 10 of this plan, a person may, with the consent of the Council, carry out development for the purpose of a managed resort facility on the land to which this clause applies.

(4)  The Council may consent to the use for permanent residence of up to seventy-five per cent of the accommodation provided by a managed resort facility. In determining the proportion concerned, the Council must have regard to the nature of the facility and its relationship to surrounding land uses, and must be satisfied that the granting of the consent will not result in the dominant use of the land on which the facility is located being for a purpose other than that of a managed resort facility.

(5) 

Note—

Subclause (5) (including the Table) as contained in draft Wyong Local Environmental Plan 1991 (Amendment No 118) is excluded and comprises deferred matter as referred to in section 70 (4) and (5) of the Environmental Planning and Assessment Act 1979.

cl 68: Ins 27.10.1995. Rep 24.10.1997. Ins 22.12.2000.

69 Development on certain land within Zone No 2 (d) at North Entrance

(1)  This clause applies to Lots 1–10 DP 125678 and Lot 1 DP 532287 Hutton Road, North Entrance, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 85)”.

(2)  Except as provided by subclause (4), buildings on the land to which this clause applies shall not exceed a height of three storeys.

(3)  For the purpose of subclause (2), a storey in a building does not include any roof-top lift motor or plant roof or any parapet provided to improve the external appearance of the building (other than a parapet which gives the impression of an additional storey on the building).

(4)  The Council may grant consent to buildings on the land to which this clause applies of not more than six storeys where:

(a)  no more than 50% of the area of the site is covered by buildings that exceed a height of three storeys,

(b)  the buildings will not, in the opinion of the Council, cause significant overshadowing of public open space or places, taking into account the patterns of usage of those spaces or places,

(c)  the buildings will not, in the opinion of the Council, unreasonably overshadow any residential area or significantly reduce privacy or views, and

(d)  the buildings are, in the opinion of the Council, of a form, design and appearance that contribute positively to the urban landscape irrespective of any visual prominence it may have.

cl 69: Ins 15.11.1996.

70, 71 (Repealed)

cl 70 (previously cl 69): Ins 24.4.1997. Renumbered 14.7.2000. Rep 28.11.2003.

cl 71: Ins 14.7.2000. Rep 28.11.2003.

72 Prohibited development on certain land—land within Zone No 3 (b) at Charmhaven

(1)  This clause applies land within Zone No 3 (b) bounded by the Pacific Highway, Moala Parade, Stratford Avenue and Lake Haven Drive, Charmhaven, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 139)”.

(2)  Despite any other provision of this plan, the Council must not grant development consent to the carrying out of development on the land to which this clause applies for the purpose of:

(a)  a hotel, or

(b)  a shop, or large scale retail establishment, that requires an off-licence within the meaning of the Liquor Act 1982.

cl 72: Ins 27.6.2003.

Schedule 1 Heritage items

(Clause 7 (1))

Column 1			Column 2	Column 3
Description of heritage item			Significance	Manner numbered on heritage map
Street Name	No	Item		No	Map / Sheet
CEDAR BRUSH CREEK
Brush Creek Road		Barn	Regional	1	1/1
DOORALONG
Dooralong Road		Former St Anne’s Church	Local	2	2/1
Dooralong Road		Community Hall	Local	3	2/1
Dooralong Road	RMB 859	Dwelling	Local	4	2/1
Dooralong Road		Primary School	Local	5	2/1
GLENNING VALLEY
Livistona / Glenning Roads	32A	Dwelling	Local	6	3/1
Palm Springs Avenue	14	Dwelling	Local	7	3/1
GOROKAN
Nichols Avenue	19	Dwelling	Local	8	4/1
The Corso	1	Dwelling	Local	9	4/1
JILLIBY
Little Jilliby Road		Jilliby Public School	Local	10	5/1
Jilliby Road		Jilliby Cemetery	Regional	11	6/1
Jilliby Road		Silo	Regional	12	6/1
KANGY ANGY MOUNTAIN
Old Maitland Road		Old Maitland Road	Regional	13	7/1
LONG JETTY
Gordon Street	6	Dwelling	Local	14	8/1
Surf Street	25	Dwelling	Local	15	9/1
The Entrance Road		Long Jetty Hotel	Local	16	9/1
The Entrance Road	264	Shop	Local	17	8/1
Tuggerah Parade		Long Jetty	Regional	18	8/1
MARDI
Collies Road		Road Bridge	Local	19	10/1
Mardi Road	RMB 312	Dwelling	Local	20	10/1
NORAH HEAD
Bush Street		Lighthouse and Building	Regional	21	11/1
NORAVILLE
Elizabeth Drive	3–7	Dwelling (“Hargraves House”)	State	22	12/1
Cnr Wilfred Barrett Drive & Oleander Street		Noraville Cemetery and Hargraves’ Grave	Regional	23	12/1
OURIMBAH
Brownlee Street		Sawmill	Regional	24	13/1
Chittaway Road	23	Dwelling	Local	26	13/1
Jaques Road		Utility Structure	Regional	25	14/1
Ourimbah Creek Road	RMB 1860	Dwelling	Local	27	15/2
Pacific Highway		Primary School	Local	28	13/1
Pacific Highway		Railway Station	Regional	29	14/1
Pacific Highway	21	Shop	Local	30	14/1
Pacific Highway		World War I Monument	Local	31	14/1
Shirley Street	100	Dwelling	Local	93	37/4
Station Street		Post Office and Residence	Local	32	14/1
PALMDALE
Palmdale Road	RMB 4580	Dwelling	Local	33	16/2
RAVENSDALE
Ravensdale Road	RMB 1446	Dwelling	Local	34	17/2
Ravensdale Road		Former Public School	Local	35	17/2
Ravensdale Road	RMB 1477	Silos	Regional	36	18/2
SOUTH TACOMA
South Tacoma Road		Boatshed	Local	37	19/2
South Tacoma Road	11 & 13	Dwellings	Local	38	19/2
South Tacoma Road	14	Dwelling	Local	39	19/2
South Tacoma Road		Former Primary School	Local	40	19/2
THE ENTRANCE
Coral Street	1	Shop	Local	41	20/2
Dening Street		Police Station / Former Ambulance Station	Local	42	21/2
Marine Parade		Surf Club Building	Regional	43	22/2
Marine Parade		World War I Monument	Local	44	22/2
The Entrance Road		Our Lady of the Rosary Catholic Church	Local	45	21/2
The Entrance Road		Shop / Residence	Local	46	20/2
The Entrance Road		The Entrance Hotel	Regional	47	20/2
The Entrance Road		The Lakes Hotel	Local	48	21/2
THE ENTRANCE NORTH
Hargraves Street	21	Dwelling (Former Kiosk)	Local	49	23/2
Hutton Road	33	Dwelling	Local	50	23/2
TUGGERAH
Anzac Road		All Saints Anglican Church	Local	51	24/2
Pacific Highway		Pioneer Dairy	Regional	52	25/2
TUMBI UMBI
Eric Malouf Close		Dwelling	Local	53	26/2
WARNERVALE
Warnervale Road		Former Methodist Church	Local	54	27/2
Warnervale Road		Shop / Residence	Regional	55	28/2
WYONG
Alison Road	46	Dwelling	Local	56	29/3
Alison Road		Former Court House	Regional	57	29/3
Alison Road		Police Station and Quarters	Local	58	29/3
Alison Road	14–16	Retail Store	Regional	59	29/3
Boyce Avenue		Guest House (Formerly “Hakone”)	Regional	60	30/3
Byron Street		St Cecilia’s Catholic Church Group	Local	61	31/3
Cape Road		Dwelling (“Alison Homestead”)	Regional	62	10/1
Church Street		Former Public School	Regional	63	29/3
Church Street		World Wars I and II Monument	Local	64	29/3
Cnr Church Street & Pacific Highway		Shops	Regional	65	29/3
Cnr Hely Street / Anzac Avenue		Council Building	Local	73	29/3
Hope Street	6, 28 & 34	Dwellings	Local	66	29/3
Pacific Highway		Brisbane Water Ambulance Station	Local	67	29/3
Pacific Highway	98	Former Rural Bank	Regional	68	29/3
Pacific Highway		Shopping Complex	Regional	69	29/3
Pacific Highway		Wyong Railway Station	Regional	70	29/3
Rankens Court		Former Methodist Church	Local	71	29/3
Rankens Court		Commercial Office Building	Regional	72	29/3
WYONGAH
Tuggerawong Road	88	Dwelling	Local	74	32/3
WYONG CREEK
Boyds Lane		Dwelling (“Bangalow”)	Regional	75	34/3
Kidman’s Lane, Off Yarramalong Road		Road Bridge	Local	76	33/3
Kidman’s Lane	RMB 1135	Dwelling (“Gracemere”)	Regional	77	33/3
Yarramalong Road		Community Hall	Regional	78	34/3
Yarramalong Road	RMB 1216	Dwelling (Former “Ebenezer Cottage”)	Regional	79	34/3
Yarramalong Road		Dwelling	Regional	80	34/3
Yarramalong Road		Dwelling (Former “Salmon House”)	Regional	81	35/3
Yarramalong Road		Dwelling (“Hillview”)	Regional	82	35/3
Yarramalong Road	RMB 1156	Dwelling (“Marabilla”)	Regional	83	34/3
Yarramalong Road	RMB 1172	Silos and Farm Shed	Regional	84	34/3
Yarramalong Road		Wyong Creek Public School	Regional	85	33/3
YARRAMALONG
Yarramalong Road		Community Hall	Regional	86	36/3
Yarramalong Road		Dwelling (“Homeleigh”)	Regional	87	36/3
Yarramalong Road		Dwelling (Former School Residence)	Regional	88	36/3
Yarramalong Road		Dwelling (Former “Linga Longa” Guest House)	Regional	89	36/3
Yarramalong Road		Yarramalong Public School	Regional	90	36/3
Yarramalong Road		Retail Store and Residence	Regional	91	36/3
Yarramalong Road		St Barnabas Church and Cemetery	Regional	92	36/3

sch 1: Subst 10.9.1999. Am 4.7.2003.

Schedule 2 Development for certain additional purposes

(Clause 52)

Portions 467 and 468, Parish of Wallarah, corner of Tall Timbers Road, Pacific Highway, Lake Munmorah—club, where the Pacific Highway frontage to the land is landscaped and planted with a series of trees that will, in the opinion of the Council, effectively screen any development from the Pacific Highway and no other development than the landscaping is carried out within 90 metres of the Pacific Highway and no development for pedestrian or other crossing is carried out on that frontage.

So much of Lot 6, Section 4, DP 3368, Gavenlock Road, Mardi, as is within Zone No 2 (b)—quarrying activities, as an extension of those carried out as an existing use.

Lot 8, DP 543157, Brush Creek Road, Yarramalong—use of only the dwellings existing on the site as at October 21 1991 for the purposes of guest house accommodation.

Lot 1, Section 2, DP 758083, Point Street, Bateau Bay, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 46)”—restaurant.

Lot 45, DP 615913, Pacific Highway West, Wyong, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 62)”—flower stall.

Part Lot 500, DP 627895 and Lot 5, DP 112609, Chittaway Road, Chittaway, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 81)”—motel.

Lot 5 DP 270014, Bannister Drive, Lake Haven, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 88)—car tyre outlet and car tuning facility.

Lot 1233 DP 790840, Wallarah Road and Lot 32 DP 27056, Rita Road, Gorokan, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 91)”—motel and associated facilities.

Lot 21 DP 749835, Pacific Highway, Ourimbah—mortuary and single unit crematorium.

Land within Zone No 5 (a) Special Uses Education Establishments shown on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 114)”—a hotel, motel and dwellings (including dwelling houses, dual occupancy buildings, residential flat buildings (including dwelling houses, dual occupancy buildings, residential flat buildings and boarding houses), provided that the dwellings are used for a purpose associated with the primary purpose of the zone, which may include student accommodation, staff accommodation and caretakers accommodation.

Lot 1071, DP 858034, Bryant Drive, Tuggerah—factory outlet centre having a gross floor area of not more than 12,200 square metres (excluding pedestrian arcades, public mall areas and colonnades), and Lots 4, 10, 16 and 17, DP 5536, and Lot 18, DP 650958, Bryant Drive, Tuggerah—associated car and coach parking. For the purposes of this item, factory outlet centre means a building or place used only for the purpose of displaying or making available for sale one or more of the following:

(a)  products that do not achieve manufacturers’ quality control requirements,

(b)  products that are “end of line”, “out of season”, or “samples”,

(c)  products that are damaged,

(d)  food and beverage for consumption by customers and staff, provided it is a use that is ancillary to the above uses,

but does not include markets or trash and treasure outlets or the like.

Lot 11, DP 841815, Lot 13, DP 841815 and Lots 101 and 102, DP 879795, Jilliby Road, Dooralong—tourist facility including a conference centre, recreation facilities and ancillary accommodation.

Lot 1, DP 125289, Sparks Road, Warnervale—plant nursery.

Lot 911, DP 834026, Wyong Road, Killarney Vale, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 31)”—service station and convenience store.

Land shown on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 126)”—wholesale travel agency, being a building or place used for preparing travel packages for supply to the retail travel industry.

sch 2: Am 7.2.1992; 10.7.1992; 15.1.1993; 25.11.1994; 8.9.1995; 29.3.1996; 18.10.1996; 7.3.1997; 16.5.1997; 24.10.1997; 22.12.2000; 2.2.2001; 28.11.2003.

Schedule 3 Classification or reclassification of public land as operational land

(Clause 65A)

Part 1

Berkeley Vale
Lakedge Avenue—Part of Lot 149, DP 263470, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 75)”.
Lorraine Avenue—Part of Lot 4 DP 264171, as shown edged heavy black on Sheet 2 of the map marked “Wyong Local Environmental Plan 1991 (Amendment No 77).

Killarney Vale
Daniel Close—Lot 13 DP 732182, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 68)”.
Wyong Road—Part of Lot 3, DP 610537, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 43)”.

San Remo
Liamena Avenue—Lot 6 DP 206145, as shown edged heavy black on sheet 2 of the map marked “Wyong local Environmental Plan 1991 (Amendment No 112)”.

Wyong
Pacific Highway—Part Lot 6, DP 239617, and part of a closed road (Lou Gardiner Close), as shown edged black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 83)”.

Part 2

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Charmhaven
Dash Road	Lot 1015, DP 707861, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 127)—Wyong Local Environmental Plan 1991 (Amendment No 127).	Nil.
Lake Haven
Goobarabah Avenue	Part of Lot 1013, DP 707861, as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 129)”—Wyong Local Environmental Plan 1991 (Amendment No 129).	Nil.
Ourimbah
Burns Road	Lot 24, DP 816277	Nil.

Part 3

Warnervale
Aldenham Road—Lot 34 DP 9215.

sch 3: Ins 11.11.1994. Am 9.2.1996; 9.8.1996; 24.10.1997; 4.12.1998; 10.9.1999; 10.11.2000; 23.8.2002; 28.11.2003.

Schedule 4 Development restrictions on certain land

(Clause 53)

Land	Development restrictions
Lot 3, DP 657514, Lot 87, DP 665635, Lot 17, DP 737217 and Lot 13, DP 874595, Manns Road, Fountaindale	The erection of a dwelling on any part of the land within Zone No 7 (a) is prohibited
Land within Zone No 7 (b) shown by distinctive edging on the map and identified as being within the Summerland Point Precinct	Only development for the purpose of dwelling-houses and agriculture may be carried out with consent
Land at Elizabeth Bay Drive, Lake Munmorah as identified on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 45)”	Buildings shall be erected only on the part of the land shown hatched on the map
Land within Zone No 7 (b) fronting Kanangra Drive and Parraween Road, Gwandalan as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 13)”	Only development for the purpose of advertisements, agriculture, parks and gardens, plant nurseries, public or other reserves, utility installations (other than gas holders or generating works) may be carried out with consent
Part Lot 3, DP 3391, Hue Hue Road, Jilliby as shown hatched on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 27)”	The erection of a dwelling-house and use of the land to dispose of effluent are prohibited
Part Lot 67, DP 755224, Cherry Lane, Kulnura as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 29)”	Subdivision is prohibited
Lot 1, DP 615345 and so much of Lot 12, DP 620377, Cape Road, Wyong as are within Zone No 7 (c)	Development may be carried out only if practical methods of acoustic treatment can be applied to the siting, design and construction of dwellings and have been identified to the satisfaction of the Council by a qualified acoustic engineer
Part Lot 1034, DP 583331, Peach Orchard Road, Ourimbah as shown edged heavy black on the map marked “Wyong Local Environmental Plan 1991 (Amendment No 92)”	Only development for the purpose of one dwelling-house and ancillary structures may be carried out with consent

sch 4: Ins 28.11.2003.

Schedule 5 Land not subject to lot amalgamation

(Clause 18 (1))

Locality	Street	Description
Bushells Ridge
		Lot 193, DP 1032847
	Bushells Ridge Road	Lot 191, DP 1032847
	Bushells Ridge Road	Lots 107–111, DP 755245
	Tooheys Road	Lots 4 and 5, DP 260217
	Tooheys Road	Lots 102 and 103, DP 755245
	Tooheys Road	Lots 194 and 195, DP 1032847
Hamlyn Terrace
	Pacific Highway	Lot 6, DP 201174
Mardi
	Joseph Esplanade	Lot 160, DP 871748
	Louis Close	Lots 603–605, DP 1012140
	Woolmers Crescent	Lots 601 and 602, DP 1012140
Tuggerah
	Gavenlock Road	Lot 87, DP 832850
Wyong
	McDonagh Road	Lots 36 and 37, DP 4526

sch 5: Ins 28.11.2003.