Tweed Local Environmental Plan 2000



Part 1 Introduction
1   Name of plan
This plan is called Tweed Local Environmental Plan 2000.
2   Area covered by this plan
This plan applies to all land within the local government area of Tweed except for land shown within the heavy black line and lettered “Excluded land” on the zone map.
3   Relationship to other environmental planning instruments
(1)  This plan repeals:
(a)  Tweed Local Environmental Plan 1987, and
(b)  Tweed Local Environmental Plan No 24, and
(c)  all other local environmental plans and deemed environmental planning instruments,
but only to the extent that they applied, immediately before the appointed day, to the land to which this plan applies.
(2)  Tweed Local Environmental Plan 1987 and Tweed Local Environmental Plan No 24 are both amended by inserting at the end of clause 3 (Land to which plan applies) of each plan the following clause:
  
(2)  This plan does not apply to land to which Tweed Local Environmental Plan 2000 applies.
(3)  State Environmental Planning Policy No 4—development without consent is amended:
(a)  by inserting at the end of Schedule 1 (Ancillary or incidental development involving acid sulfate soils excepted from clause 10) the following words:
  
(b)  by inserting in alphabetical order of local government area in Schedule 2 (Land excepted from clauses 6–10) the following words:
  
Tweed local government area
4   Aims of this plan
The aims of this plan are:
(a)  to give effect to the desired outcomes, strategic principles, policies and actions of the Tweed Shire 2000+ Strategic Plan which was adopted, after extensive community consultation, by the Council on 17 December 1996, the vision of which is:
“The management of growth so that the unique natural and developed character of the Tweed Shire is retained, and its economic vitality, ecological integrity and cultural fabric is enhanced”, and
(b)  to provide a legal basis for the making of development control plans which provide more detailed local planning policies and other provisions that provide guidance for future development and land management, such as provisions recommending the following:
(i)  that some or all development should be restricted to certain land within a zone,
(ii)  that specific development requirements should apply to certain land in a zone or to a certain type of development,
(iii)  that certain types or forms of development or activities should be encouraged by the provision of appropriate incentives, and
(c)  to give effect to and provide reference to the following strategies and policies adopted by the Council:
Tweed Shire 2000+ Strategy
Pottsville Village Strategy, and
(d)  to encourage sustainable economic development of the area of Tweed compatible with the area’s environmental and residential amenity qualities.
5   Ecologically sustainable development
An objective of this plan is to promote development that is consistent with the four principles of ecologically sustainable development. These are:
(a)  the precautionary principle
namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
In the application of the precautionary principle, public and private decisions should be guided by:
(i)  careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and
(ii)  an assessment of the risk-weighted consequences of various options, and
(b)  inter-generational equity
namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations, and
(c)  conservation of biological diversity and ecological integrity
namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration, and
(d)  improved valuation, pricing and incentive mechanisms
namely, that environmental factors should be included in the valuation of assets and services, such as:
(i)  polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, and
(ii)  the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, and
(iii)  environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.
6   Consent authority
Subject to the Act, the consent authority for the purposes of this plan is Tweed Shire Council.
7   Interpretation
(1)  Unless the context or subject-matter indicates otherwise, terms used in this plan have the meanings set out in the Act and Schedule 1.
(2)  In this plan, a reference to a building, place or land used for a purpose includes a reference to a building, place or land intended to be used for the purpose.
(3)  Land to which this plan applies is within a zone specified in Part 1 of Schedule 6 if it is shown on the zone map in the manner specified in that Part in relation to the zone.
(4)  A reference on the zone map to “Council Purposes” is taken to be a reference to development for the purpose of Council depots or administrative offices, or both.
(5)  A reference to a map is a reference to a map deposited in the office of the Council.
(6)  In the event of any inconsistency between the provisions of Part 2 and the provisions of any other Part of this plan, the provisions of the other Part prevail.
(7)  Any matter which appears in this plan under the heading “Note” is provided to assist understanding and does not form part of this plan.
8   Consent considerations
(1)  The consent authority may grant consent to development (other than development specified in Item 3 of the Table to clause 11) only if:
(a)  it is satisfied that the development is consistent with the primary objective of the zone within which it is located, and
(b)  it has considered those other aims and objectives of this plan that are relevant to the development, and
(c)  it is satisfied that the development would not have an unacceptable cumulative impact on the community, locality or catchment that will be affected by its being carried out or on the area of Tweed as a whole.
(2)  The consent authority may grant consent to development specified in Item 3 of the Table to clause 11 only if the applicant demonstrates to the satisfaction of the consent authority that:
(a)  the development is necessary for any one of the following reasons:
(i)  it needs to be in the locality in which it is proposed to be carried out due to the nature, function or service catchment of the development,
(ii)  it meets an identified urgent community need,
(iii)  it comprises a major employment generator, and
(b)  there is no other appropriate site on which the development is permitted with consent development (other than as advertised development) in reasonable proximity, and
(c)  the development will be generally consistent with the scale and character of existing and future lawful development in the immediate area, and
(d)  the development would be consistent with the aims of this plan and at least one of the objectives of the zone within which it is proposed to be located.
(3)  Development referred to in subclause (2) which, in the opinion of the consent authority, meets the criteria of that subclause is identified as advertised development for the purposes of the Act.
Part 2 Provisions applying to particular zones
9   Exempt development
(1)  Development of minimal environmental impact listed in Schedule 1 to Tweed Development Control Plan No 40, as adopted by the Council on 6 October 2004, is exempt development despite any other provisions of this plan.
(2)  Despite subclause (1), development proposed to be carried out on the following land is not exempt development:
(a)  land that is critical habitat or on which, as a result of carrying out the development, there is likely to be a significant effect on threatened species, populations or ecological communities or their habitats (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or
(b)  land that is within a wilderness area (under the Wilderness Act 1987), or
(c)  land that:
(i)  is listed as the site of a heritage item in Schedule 2, or
(ii)  is subject to an order under the Heritage Act 1977, or
(iii)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(iv)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
(d)  land in a heritage conservation area if the proposed development will be visible from a public place.
cl 9: Am 23.4.2004; 11.2.2005.
10   Complying development
(1)  Development listed in Schedule 2 to Tweed Development Control Plan No 40, as adopted by the Council on 6 October 2004, 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 by section 106 of the Act.
(2)  Despite subclause (1), development is complying development only if it:
(a)  meets the applicable requirements in Schedule 2 to Tweed Development Control Plan No 40, as adopted by the Council on 6 October 2004, and
(b)  is not subject to a provision in Part 5, 6, 7, 8 or 11 of this plan that requires the consent authority to be satisfied as to certain matters specified in this plan before consent may be granted for it, and
(c)  is not carried out on land that:
(i)  is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or
(ii)  is within a wilderness area (under the Wilderness Act 1987), or
(iii)  is subject to an order under the Heritage Act 1977, or
(iv)  is an Aboriginal place under the National Parks and Wildlife Act 1974, or
(vii)  is listed as the site of a heritage item in Schedule 2 or is in a heritage conservation area, or
(viii)  is identified, on a register or map kept by the Council and available for inspection at the office of the Council, as being below the 1:100 year flood level, contaminated, within a buffer area, subject to subsidence, slip or erosion, or in an area having significant bushfire hazard risk, or
(ix)  has previously been used as a service station, for intensive agriculture, mining or extractive industries or sheep or cattle dips, for the manufacture of chemicals, or for the storage of hazardous chemicals, or
(x)  is within an aquatic reserve declared under the Fisheries Management Act 1994, or
(xi)  is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes.
(3)  A complying development certificate is subject to the conditions for the development set out in Schedule 3 to Tweed Development Control Plan No 40 adopted by the Council, as in force when the certificate is issued.
cl 10: Am 23.4.2004; 15.10.2004; 11.2.2005.
11   The zones
The following Table sets out the objectives of the zones and the development that is allowed without consent or only with consent, or that is prohibited, within them:
Table
Zone 1 (a)   Rural
Zone objectives
Primary objectives
  to enable the ecologically sustainable development of land that is suitable primarily for agricultural or natural resource utilisation purposes and associated development.
  to protect rural character and amenity.
Secondary objectives
  to enable other types of development that rely on the rural or natural values of the land such as agri- and eco-tourism.
  to provide for development that is not suitable in or near urban areas.
  to prevent the unnecessary fragmentation or development of land which may be needed for long-term urban expansion.
  to provide non-urban breaks between settlements to give a physical and community identity to each settlement.
Development within the zone
In Zone 1 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  agriculture
  environmental facilities
  forestry
Item 2   allowed only with consent:
  bed and breakfast
  dwelling houses if each is on an allotment of at least 40 hectares or on an allotment referred to in clause 57
  multi-dwelling housing if:
(a)  not more than two dwellings are involved, and
(b)  they are attached, and
(c)  they are on an allotment of at least 40 hectares or an allotment referred to in clause 57
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2)
  boat repair and servicing facilities
  boating facilities
  car parks
  caravan parks (other than camping grounds) if connected to a reticulated sewerage system
  child care centres
  clubs
  educational establishments
  helipads
  heliports
  hospitals
  hotels
  housing for older people or people with disabilities
  institutions
  junkyards
  light industries
  marinas
  markets
  motels
  offensive or hazardous industries
  places of assembly
  places of public worship
  public buildings
  service stations
  storage units
  transport terminals (other than airline terminals)
 
Item 4   prohibited:
  airline terminals
  boarding-houses
  boat showrooms
  brothels
  bulky goods retailing
  car repair stations
  caravan parks (other than camping grounds) if not connected to a reticulated sewerage system
  commercial premises
  display homes
  dwelling houses not included in Item 2
  industries (other than home industries, light industries, offensive or hazardous industries, rural industries or industries directly associated with or dependent on extractive industries)
  integrated housing
  manufactured home estates
  motor showrooms
  multi-dwelling housing not included in Item 2
  professional consulting rooms
  restricted premises
  roadside stalls if requiring direct access to an RTA classified road
  shops (other than general stores)
 
Zone 1 (b)   Agricultural Protection
Zone objectives
Primary objective
  to protect identified prime agricultural land from fragmentation and the economic pressure of competing land uses.
Secondary objective
  to allow other development that is compatible with agricultural activities.
Development within the zone
In Zone 1 (b) development for the purpose of the following is:
Item 1   allowed without consent
  agriculture
  forestry
Item 2   allowed only with consent
  bed and breakfast
  dwelling houses if each is on an allotment of:
(a)  at least 10 hectares, where on land shown lettered “1 (b1)” on the zone map, or
(b)  at least 40 hectares, where on land shown lettered “1 (b2)” on the zone map, or on an allotment referred to in clause 57
  multi-dwelling housing if:
(a)  not more than two dwellings are involved, and
(b)  they are attached, and
(c)  they are on allotment of:
(i)  at least 10 hectares, where on land shown lettered “1 (b1)” on the zone map, or
(ii)  40 hectares, where on land shown lettered “1 (b2)” on the zone map, or on an allotment referred to in clause 57
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  emergency service facilities
  extractive industries
  generating works
  recreation areas
  retail plant nurseries
  road transport terminals
  stock and sale yards
  utility installations being gas holders or generating works
Item 4   prohibited:
  abattoirs
  airline terminals
  boarding-houses
  boat repair and servicing facilities
  boat showrooms
  boating facilities
  brothels
  bulk stores
  bulky goods retailing
  bus depots
  bus stations
  camping grounds
  car parks
  car repair stations
  caravan parks
  child care centres
  clubs
  commercial premises
  community buildings
  cruise craft docks
  depots
  display homes
  dwelling houses not included in Item 2
  educational establishments
  general stores
  helipads
  heliports
  hospitals
  hotels
  housing for older people or people with disabilities
  industries (other than home industries or rural industries)
  institutions
  integrated housing
  junkyards
  light industries
  liquid fuel depots
  manufactured home estates
  marinas
  markets
  mines
  motels
  motor showrooms
  multi-dwelling housing not included in Item 2
  offensive or hazardous industries
  outdoor eating areas
  places of assembly
  places of public worship
  professional consulting rooms
  public buildings
  recreation areas
  recreation establishments
  recreation facilities
  recreation vehicle areas
  refreshment rooms
  respite care centres
  restricted premises
  roadside stalls if requiring direct access to an RTA classified road
  sawmills
  service stations
  shops (other than general stores)
  storage units
  tourist accommodation
  tourist facilities
  tourist resorts
  transport terminals
  warehouses
Zone 1 (c)   Rural Living
Zone objectives
Primary objectives
  to enable rural residential development in selected areas possessing particular environmental and servicing attributes which do not compromise the viability of rural activities on land in the vicinity, do not detract from the quality of the rural and natural environment and do not create unreasonable or uneconomic demands, or both, for the provision or extension of public amenities or services.
  to provide rural residential development of a design integration, quality and scale compatible with, and making a positive contribution to, the character of the rural area in the vicinity.
Secondary objective
  to enable other development that is compatible with rural residential development.
Development within the zone
In Zone 1 (c) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  dwelling houses if each is on an allotment that complies with clause 21 or an allotment referred to in clause 57
  multi-dwelling housing if:
(a)  not more than two dwellings are involved, and
(b)  they are attached, and
(c)  they are on an allotment that complies with clause 21 or an allotment referred to in clause 57
  educational establishments
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  bus depots
  bus stations
  car parks
  depots
  generating works
  helipads
  places of assembly
  places of public worship
  public buildings
  recreation establishments
  recreation facilities
  retail plant nurseries
  road transport terminals
  rural industries
  utility installations being gas holders or generating works
 
Item 4   prohibited:
  abattoirs
  airline terminals
  animal establishments
  boarding-houses
  boat repair and servicing facilities
  boat showrooms
  boating facilities
  brothels
  bulk stores
  bulky goods retailing
  camping grounds
  car repair stations
  caravan parks
  clubs
  commercial premises
  cruise craft docks
  depots
  display homes if adjoining an RTA classified road
  dwelling houses not included in Item 2
  extractive industries
  forestry
  heliports
  hospitals
  hotels
  housing for older people or people with disabilities
  industries (other than home industries or rural industries)
  institutions
  integrated housing
  junkyards
  light industries
  liquid fuel depots
  manufactured home estates
  marinas
  markets
  mines
  motels
  motor showrooms
  multi-dwelling housing not included in Item 2
  offensive or hazardous industries
  outdoor eating areas
  professional consulting rooms
  recreation vehicle areas
  refreshment rooms
  restricted premises
  road transport terminals
  roadside stalls if requiring access to an RTA classified road
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  service stations
  shops
  stock and sale yards
  storage units
  tourist accommodation
  tourist facilities
  tourist resorts
  transport terminals
  warehouses
Zone 2 (a)   Low Density Residential
Zone objectives
Primary objectives
In the case of land within Zone 2 (a) between the Tweed Heads Bypass and Cobaki Bridge:
  to minimise the number of dwellings subject to unacceptable aircraft noise and to limit development within the Kennedy Drive traffic catchment so that development is compatible with Kennedy Drive traffic capacity.
In the case of all other land within Zone 2 (a):
  to provide for and maintain a low density residential environment with a predominantly detached housing character and amenity.
Secondary objectives
  to allow some diversity of housing types provided it achieves good urban design outcomes and the density, scale and height is compatible with the primary objective.
  to allow for non-residential development that is domestically based, or services the local needs of the community, and does not detract from the primary objective of the zone.
Development within the zone
In Zone 2 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  dwelling houses if each is on an allotment of at least 450m2
  integrated housing if at a density of not greater than:
(a)  one dwelling per 450m2 of site area, or
(b)  one dwelling per 250m2 of site area where the site is within 300 metres distance of a business centre as indicated on the Business Centres Map
  multi-dwelling housing
  utility installations except gas holders or generating works
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  boarding-houses
  boat repair and servicing facilities
  boating facilities
  clubs
  cruise craft docks
  helipads
  hotels
  marinas
  recreation facilities
 
Item 4   prohibited
  abattoirs
  agriculture
  airline terminals
  animal establishments
  boat showrooms
  brothels
  bulk stores
  bulky goods retailing
  camping grounds
  car repair stations
  caravan parks
  commercial premises
  depots
  display homes if adjoining an RTA classified road
  extractive industries
  forestry
  heliports
  industries (other than home industries)
  institutions
  integrated housing not included in Item 2
  junkyards
  light industries
  liquid fuel depots
  markets
  mines
  motels
  motor showrooms
 
  offensive or hazardous industries
  outdoor eating areas
  recreation establishments
  recreation vehicle areas
  refreshment rooms
  restricted premises
  retail plant nurseries
  road transport terminals
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  service stations
  shops (other than general stores)
  stock and sale yards
  storage units
  tourist accommodation
  tourist facilities
  tourist resorts
  transport terminals
  utility installations being gas holders or generating works
  warehouses
 
Zone 2 (b)   Medium Density Residential
Zone objectives
Primary objective
  to provide for and encourage development for the purpose of medium density housing (and high density housing in proximity to the Tweed Heads sub-regional centre) that achieves good urban design outcomes.
Secondary objectives
  to allow for non-residential development which supports the residential use of the locality.
  to allow for tourist accommodation that is compatible with the character of the surrounding locality.
  to discourage the under-utilisation of land for residential purposes, particularly close to the Tweed Heads sub-regional centre.
Development within the zone
In Zone 2 (b) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  clubs
  cruise craft docks
  hospitals
  hotels
  manufactured home estates
  marinas
  outdoor eating areas
  refreshment rooms
  road transport terminals
  tourist accommodation
  tourist facilities
 
Item 4   prohibited:
  abattoirs
  agriculture
  airline terminals
  animal establishments
  boat repair and servicing facilities
  boat showrooms
  boating facilities
  brothels
  bulk stores
  bulky goods retailing
  camping grounds
  car repair stations
  caravan parks
  commercial premises
  depots
  extractive industries
  forestry
  generating works
  helipads
  heliports
  industries (other than home industries)
  institutions
  junkyards
  light industries
  liquid fuel depots
  markets
  mines
  motor showrooms
  offensive or hazardous industries
  recreation establishments
  recreation facilities
  recreation vehicle areas
  restricted premises
  retail plant nurseries
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  service stations
  shops (other than general stores)
  stock and sale yards
  storage units
  tourist resorts
  transport terminals
  warehouses
Zone 2 (c)   Urban Expansion
Zone objectives
Primary objectives
  to identify land for urban expansion (which will comprise mainly residential development focused on multi-use neighbourhood centres) and to ensure its optimum utilisation consistent with environmental constraints and the need to minimise residential landtake.
Secondary objectives
  to allow associated non-residential development which meets the recreation, shopping, commercial, employment and social needs of future residents.
  to ensure that sensitive environmental areas within and outside the zone are protected from any adverse impacts of development.
  to enable planning flexibility to achieve the other objectives of the zone by providing detailed guidelines through development control plans.
Development within the zone
In Zone 2 (c) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  dwelling houses if each is on an allotment of at least 450m2
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  agriculture
  extractive industries
  helipads
  liquid fuel depots
  recreation establishments
  recreation vehicle areas
  roadside stalls
  road transport terminals
  rural workers’ dwellings
  utility installations being gas holders or generating works
Item 4   prohibited:
  abattoirs
  airline terminals
  animal establishments
  brothels
  display homes if adjoining an RTA classified road
  forestry
  heliports
  industries (other than home industries or light industries)
  institutions
  junkyards
  mines
  offensive or hazardous industries
  restricted premises
  rural industries
  rural tourist facilities
  sawmills
  stock and sale yards
  transport terminals (other than bus depots, bus stations or road transport terminals)
Zone 2 (d)   Village
Zone objectives
Primary objective
  to provide for residential development and a full range of services and facilities traditionally associated with a rural village which is of a design and scale that makes a positive contribution to the character of the village.
Development within the zone
In Zone 2 (d) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  dwelling houses if each is on an allotment of at least 450m2
  rural workers’ dwellings
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  forestry
  helipads
  sawmills
  stock and sale yards
Item 4   prohibited:
  abattoirs
  airline terminals
  animal establishments
  brothels
  display homes if adjoining an RTA classified road
  extractive industries
  heliports
  junkyards
  liquid fuel depots
  mines
  offensive or hazardous industries
  recreation vehicle areas
  restricted premises
  tourist resorts
Zone 2 (e)   Residential Tourist
Zone objectives
Primary objective
  to encourage the provision of family-oriented tourist accommodation and related facilities and services in association with residential development including a variety of forms of low and medium density housing and associated tourist facilities such as hotels, motels, refreshment rooms, holiday cabins, camping grounds, caravan parks and compatible commercial services which will provide short-term accommodation and day tourist facilities.
Secondary objective
  to permit other development which has an association with a residential/tourist environment and is unlikely to adversely affect the residential amenity or place demands on services beyond the level reasonably required for residential use.
Development within the zone
In Zone 2 (e) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  boat repair and servicing facilities
  bulk stores
  bus depots
  car repair stations
  helipads
  heliports
  light industries
  recreation establishments
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  boat showrooms
  brothels
  bulky goods retailing
  depots
  dwelling houses if each is on an allotment of less than 450m2
  extractive industries
  forestry
  industries (other than home industries or light industries)
  institutions
  junkyards
  liquid fuel depots
  mines
  motor showrooms
  offensive or hazardous industries
  recreation vehicle areas
  restricted premises
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  stock and sale yards
  storage units
  transport terminals (other than bus depots or bus stations)
  warehouses
Zone 2 (f)   Tourism
Zone objectives
Primary objectives
  to encourage integrated tourist development and uses associated with, ancillary to or supportive of the tourist development, including retailing and service facilities, where such facilities are an integral part of the tourist development and are of a scale appropriate to the needs of that development.
  to ensure that prime sites are developed for the best use and fulfil their economic and employment generating potential for the area.
Secondary objective
  to permit high quality residential development as being integral and supportive of the primary intent of this zone (tourist orientated development) in terms of design and management structure and only at a scale which enhances the proposed tourist resort character.
Development within the zone
In Zone 2 (f) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  dwelling house if for a caretaker
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  boat repair and servicing facilities
  boat showrooms
  bulk stores
  bus depots
  car repair stations
  helipads
  heliports
  liquid fuel depots
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  brothels
  bulky goods retailing
  dwelling houses (unless for caretakers)
  extractive industries
  forestry
  home industries
  industries (other than light industries)
  institutions
  junkyards
  mines
  motor showrooms
  offensive or hazardous industries
  recreation establishments
  recreation vehicle areas
  restricted premises
  retail plant nurseries
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  stock and sale yards
  transport terminals (other than bus depots or bus stations)
  warehouses
 
Zone 3 (a)   Sub-regional Business
Zone objectives
Primary objective
  to encourage the development and rejuvenation of the Tweed Heads core business area as a sub-regional centre primarily for tourist, cultural, retail and commercially orientated development, including a choice of accommodation.
Secondary objective
  to encourage upper floor residential and tourist accommodation.
Development within the zone
In Zone 3 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  boarding-houses if not at street level (other than the entry and the like)
  places of public worship
  tourist accommodation if not at street level (other than the foyer, non-residential facilities and the like)
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  emergency service facilities
  helipads
  heliports
  housing for older people or people with disabilities
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  boat repair and servicing facilities
  boat showrooms
  brothels
  bulk stores
  bulky goods retailing
  camping grounds
  car repair stations
  caravan parks
  depots
  display homes (other than those erected at first floor level or above)
  dwelling houses
  extractive industries
  forestry
  generating works
  hospitals
  industries
  institutions
  integrated housing
  junkyards
  liquid fuel depots
  manufactured home estates
  mines
  motor showrooms
  multi-dwelling housing (unless it is development that is subject to clause 51B)
  offensive or hazardous industries
  professional consulting rooms
  recreation areas
  recreation establishments
  recreation vehicle areas
  restricted premises
  retail plant nurseries
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  service stations
  stock and sale yards
  storage units
  tourist resorts
  transport terminals (other than airline terminals or bus stations)
  utility installations being gas holders or generating works
  warehouses
Zone 3 (b)   General Business
Zone objectives
Primary objectives
  to provide business centres in which the community’s shopping, business, welfare and social needs can be met.
  to provide business locations within residential areas, and to ensure that the scale and type of development is compatible with the character and amenity of the surrounding residential areas.
Secondary objectives
  to provide for tourist orientated development.
  to encourage upper floor residential or tourist accommodation.
Development within the zone
In Zone 3 (b) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  boarding-houses if not at street level (other than the entry and the like)
  housing for older people or people with disabilities if not at street level (other than the entry and the like)
  tourist accommodation if not at street level (other than the entry and the like)
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  boat repair and servicing facilities
  bulk stores
  bulky goods retailing
  car repair stations
  educational establishments
  helipads
  hospitals
  warehouses
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  brothels
  camping grounds
  caravan parks
  depots
  display homes (other than those erected at first floor level or above)
  dwelling houses
  extractive industries
  forestry
  generating works
  heliports
  industries (other than home industries or light industries)
  institutions
  integrated housing
  junkyards
  liquid fuel depots
  manufactured home estates
  mines
  multi-dwelling housing (unless it is development that is subject to clause 51B)
  offensive or hazardous industries
  professional consulting rooms
  recreation areas
  recreation establishments
  recreation vehicle areas
  restricted premises
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  stock and sale yards
  storage units
  tourist resorts
  transport terminals (other than airline terminals or bus stations)
  utility installations being gas holders or generating works
 
Zone 3 (c)   Commerce and Trade
Zone objectives
Primary objective
  to provide for commercial, bulky goods retailing, light industrial and trade activities which do not jeopardise the viability or function of the sub-regional or business centres.
Secondary objectives
  to provide for those retailing activities which are not suited to, or desirable in, the other business zones or which serve the needs of the other businesses in the zone.
  to allow for other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 3 (c) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  educational establishments
  helipads
  heliports
  institutions
  junkyards
  liquid fuel depots
  places of assembly
  places of public worship
  shops (other than general stores)
 
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  boarding-houses
  brothels
  camping grounds
  caravan parks
  display homes
  dwelling houses (unless for caretakers)
  extractive industries
  forestry
  generating works
  home businesses
  housing for older people or people with disabilities
  industries (other than light industries)
  integrated housing
  manufactured home estates
  markets
  mines
  motels
  multi-dwelling housing
  offensive or hazardous industries
  professional consulting rooms
  recreation areas
  recreation establishments
  recreation vehicle areas
  restricted premises
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  stock and sale yards
  tourist accommodation
  tourist resorts
  transport terminals (other than airline terminals, bus depots or bus stations)
  utility installations being gas holders or generating works
 
Zone 3 (d)   Waterfront Enterprise
Zone objectives
Primary objective
  to encourage development related to waterfront and marine activities, recreation or tourism.
Secondary objectives
  to allow for residential development in association with waterfront, tourist or recreational uses.
  to allow for other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 3 (d) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  bulky goods retailing
  educational establishments
  places of public worship
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  brothels
  camping grounds
  car repair stations
  caravan parks
  extractive industries
  forestry
  generating works
  heliports
  hospitals
  housing for older people or people with disabilities
  industries (other than home industries or those directly associated with waterfront or tourism uses)
  institutions
  integrated housing
  junkyards
  liquid fuel depots
  manufactured home estates
  mines
  motor showrooms
  multi-dwelling housing (unless located above non-residential ground floor level development)
  offensive or hazardous industries
  recreation vehicle areas
  restricted premises
  retail plant nurseries
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  stock and sale yards
  storage units
  tourist accommodation (other than that attached to activities permitted within the zone)
  tourist resorts (other than those related to water-based activities)
  transport terminals (other than bus depots or bus stations)
  utility installations being gas holders or generating works
  warehouses
Zone 3 (e)   Special Tourist (Jack Evans Boatharbour)
Zone objectives
Primary objectives
  to provide for tourist orientated commercial, retail, service, residential and waterfront facilities and activities and public buildings which support and are an integral part of the renewal of certain areas in the vicinity of the Jack Evans Boatharbour, but only at a scale which enhances the character of the locality.
  to provide opportunities for public access to all waterfront areas and public landscaped areas within the zone.
Development within the zone
In Zone 3 (e) development for the purpose of the following is:
Item 1   allowed without consent:
  nil
Item 2   allowed only with consent:
  bed and breakfast
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  nil
Item 4   prohibited:
  abattoirs
  agriculture
  animal establishments
  brothels
  bulk stores
  bus depots
  camping grounds
  car repair stations
  caravan parks
  depots
  display homes (other than those erected above street level)
  dwelling houses
  extractive industries
  forestry
  generating works
  heliports
  housing for older people or people with disabilities
  industries
  institutions
  integrated housing
  junkyards
  light industries
  liquid fuel depots
  manufactured home estates
  mines
  multi-dwelling housing (unless located above non-residential ground floor level development)
  offensive or hazardous industries
  recreation vehicle areas
  restricted premises
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  sawmills
  stock and sale yards
  tourist resorts
  transport terminals (other than bus stations)
  warehouses
Zone 4 (a)   Industrial
Zone objectives
Primary objectives
  to provide land primarily for industrial development.
  to facilitate economic activity and employment generation.
Secondary objective
  to allow non-industrial development which either provides a direct service to industrial activities and their work force, or which, due to its type, nature or scale, is inappropriate to be located in another zone.
Development within the zone
In Zone 4 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  any other buildings, works, places or land uses not included in Item 1, 3 or 4
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  animal establishments
  bulky goods retailing
  helipads
  heliports
  hospitals
  hotels
  markets
  motor showrooms
  offensive or hazardous industries
  places of assembly
  places of public worship
  refreshment rooms
  retail plant nurseries
 
Item 4   prohibited:
  abattoirs
  agriculture
  airline terminals
  boarding-houses
  boat showrooms
  camping grounds
  caravan parks
  commercial premises
  dwelling houses (unless for caretakers)
  educational establishments
  forestry
  housing for older people or people with disabilities
  institutions
  integrated housing
  manufactured home estates
  mines
  motels
  multi-dwelling housing
  outdoor eating areas
  professional consulting rooms
  recreation establishments
  recreation vehicle areas
  respite care centres
  restricted premises
  roadside stalls
  rural industries
  rural tourist facilities
  rural workers’ dwellings
  shops (other than general stores, takeaway food shops serving the industrial area or shops ancillary or incidental to a lawful use of the land)
  tourist accommodation
  tourist facilities
  tourist resorts
Zone 5 (a)   Special Uses
Zone objectives
Primary objective
  to identify land which is developed or is proposed to be developed, generally by public bodies, for community facilities and services, roads, railways, utilities and similar things.
Secondary objective
  to provide flexibility in the development of the land, particularly if it is not yet or is no longer required for the relevant special use.
Development within the zone
In Zone 5 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  environmental facilities
  railways if on land indicated by red lettering as “Railway” on the zone map
  roads (including road widening)
  any use authorised by or under the Forestry Act 1916 for the purpose of State forests if on land indicated by red lettering as “Forestry” on the zone map
Item 2   allowed only with consent:
  unless it is allowed without consent under Item 1, the particular use indicated by red lettering on the zone map and any development ordinarily incidental or ancillary to that use
  any use which is compatible with adjacent uses and with uses allowed (with or without consent) in adjacent zones
  public utility undertakings
  utility installations
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  nil
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 6 (a)   Open Space
Zone objectives
Primary objective
  to identify existing public land, and land that is proposed to be acquired for public ownership, to satisfy the open space and recreational needs of local residents and visitors to the area of Tweed and to enable its development to encourage or assist their recreational use and enjoyment of the land.
Secondary objective
  to allow other development that is compatible with the recreational use of the land.
Development within the zone
In Zone 6 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  any use included in Item 2 or 3 which is specifically authorised by a “plan of management” adopted by the Council under the Local Government Act 1993 and which applies to the land
  beach maintenance
  environmental facilities
  recreation areas
  roads
 
Item 2   allowed only with consent:
  agriculture
  boating facilities
  bushfire hazard reduction
  car parks
  community buildings (other than child care centres)
  dwelling houses if for caretakers
  earthworks
  emergency service facilities
  forestry
  marinas
  markets
  outdoor eating areas
  public buildings
  public utility undertakings
  recreation facilities
  refreshment rooms
  tourist facilities
  urban stormwater water quality management facilities
  utility installations (other than gas holders or generating works)
  works for drainage and landfill
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  camping grounds
  caravan parks
  child care centres
  clubs
  cruise craft docks
  helipads
  places of assembly
 
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 6 (b)   Recreation
Zone objectives
Primary objective
  to designate land, whether in public or private ownership, which is or may be used primarily for recreational purposes.
Secondary objective
  to allow for other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 6 (b) development for the purpose of the following is:
Item 1   allowed without consent:
  beach maintenance
Item 2   allowed only with consent:
  agriculture
  bed and breakfast
  boating facilities
  bushfire hazard reduction
  camping grounds
  car parks
  child care centres
  clubs
  community buildings
  cruise craft docks
  dwelling houses if for caretakers
  earthworks
  emergency service facilities
  environmental facilities
  forestry
  general stores
  hotels
  marinas
  markets
  motels
  outdoor eating areas
  places of assembly
  public buildings
  public utility undertakings
  recreation areas
  recreation establishments
  recreation facilities
  refreshment rooms
  roads
  tourist accommodation
  tourist facilities
  urban stormwater water quality management facilities
  utility installations (other than gas holders or generating works)
  works for drainage and landfill
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  caravan parks
  educational establishments
  helipads
  heliports
  retail plant nurseries
  tourist resorts
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 7 (a)   Environmental Protection (Wetlands and Littoral Rainforests)
Zone objectives
Primary objectives
  to identify, protect and conserve significant wetlands and littoral rainforests.
  to prohibit development which could destroy or damage a wetland or littoral rainforest ecosystem.
Secondary objectives
  to protect the scenic values of wetlands and littoral rainforests.
  to allow other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 7 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  nil
Item 2   allowed only with consent:
  beach maintenance
  bed and breakfast
  bushfire hazard reduction that is not exempt development
  environmental facilities
  home businesses
  noxious weed control that is not exempt development
  real estate signs
 
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  agriculture
  earthworks
  emergency service facilities
  public utility undertakings
  roads
  urban stormwater water quality management facilities
  utility installations (other than gas holders or generating works)
  works for drainage and landfill
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 7 (d)   Environmental Protection (Scenic/Escarpment)
Zone objectives
Primary objectives
  to protect and enhance those areas of particular scenic value to the area of Tweed, minimise soil erosion from escarpment areas, prevent development in geologically hazardous areas, and maintain the visual amenity of prominent ridgelines and areas.
Secondary objective
  to allow other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 7 (d) development for the purpose of the following is:
Item 1   allowed without consent:
  beach maintenance
Item 2   allowed only with consent:
  bed and breakfast
  bushfire hazard reduction that is not exempt development
  business identification signs
  camping grounds
  dwelling houses if each is on an allotment of at least 40 hectares or an allotment referred to in clause 57 and if the number of dwellings does not exceed one for each 40 hectares of land contained within the allotment
  earthworks
  home businesses
  home industries
  multi-dwelling housing if:
  not more than two dwellings are involved, and
  they are attached, and
  they are on allotment of at least 40 hectares or an allotment referred to in clause 57
  noxious weed control that is not exempt development
  real estate signs
  roadside stalls
  utility installations
 
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  agriculture
  emergency service facilities
  environmental facilities
  extractive industries
  forestry
  public utility undertakings
  recreation areas
  refreshment rooms
  roads
  rural tourist facilities
  rural workers’ dwellings
  telecommunications infrastructure
  urban stormwater water quality management facilities
  utility installations (other than gas holders or generating works)
  works for drainage and landfill
 
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 7 (f)   Environmental Protection (Coastal Lands)
Zone objectives
Primary objectives
  to identify land susceptible to coastal erosion and protect it from inappropriate development.
  to protect and enhance the scenic and environmental values of the land.
Secondary objective
  to allow for other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 7 (f) development for the purpose of the following is:
Item 1   allowed without consent:
  beach maintenance
  environmental facilities
Item 2   allowed only with consent:
  bed and breakfast
  bushfire hazard reduction that is not exempt development
  earthworks
  emergency service facilities
  noxious weed control that is not exempt development
  public utility undertakings
  real estate signs
  recreation areas
  recreational beach activities
  roads
  urban stormwater water quality management facilities
  utility installations (other than gas holders or generating works)
  works for drainage and land fill
 
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2), but not on land at South Kingscliff (Portions 194, 301 and 312):
  agriculture
  camping grounds
  car parks
  caravan parks
  community buildings
  mineral sand mines
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 7 (l)   Environmental Protection (Habitat)
Zone objectives
Primary objectives
  to protect areas or features which have been identified as being of particular habitat significance.
  to preserve the diversity of habitats for flora and fauna.
  to protect and enhance land that acts as a wildlife corridor.
Secondary objectives
  to protect areas of scenic value.
  to allow for other development that is compatible with the primary function of the zone.
Development within the zone
In Zone 7 (l) development for the purpose of the following is:
Item 1   allowed without consent:
  nil
Item 2   allowed only with consent:
  bed and breakfast
  bushfire hazard reduction that is not exempt
development
  business identification signs
  dwelling houses if on an allotment of at least 40 hectares or an allotment referred to in clause 57 and if the number of dwellings does not exceed one for each 40 hectares of land contained within the allotment
  earthworks
  environmental facilities
  home businesses
  noxious weed control that is not exempt development
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  agriculture
  camping grounds
  emergency service facilities
  forestry
  public utility undertakings
  roads
  urban stormwater water quality management facilities
  utility installations (other than gas holders or generating works)
  works for drainage and landfill
 
Item 4   prohibited:
  any buildings, works, places or land uses not included in Item 1, 2 or 3
Zone 8 (a)   National Parks and Nature Reserves
Zone objectives
Primary objectives
  to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974.
  to allow for the management and appropriate use of that land as provided by that Act.
Development within the zone
In Zone 8 (a) development for the purpose of the following is:
Item 1   allowed without consent:
  any use authorised by the National Parks and Wildlife Act 1974 or any use ordinarily incidental or ancillary to such a use
Item 2   allowed only with consent:
  nil
Item 3   allowed only with consent and must satisfy the provisions of clause 8 (2):
  nil
Item 4   prohibited:
  any use not included in Item 1, 2 or 3
cl 11, table: Am 18.8.2000; 31.1.2003; 14.2.2003; 15.10.2004; 25.2.2005.
Part 3 General provisions
12   Temporary development of land
(1) Objective
  to enable the temporary development of land for a purpose that would otherwise be prohibited in the zone.
(2)  Consent may be granted to development (other than designated development) for any purpose that is elsewhere prohibited by a provision of this plan for a maximum period of 14 days, whether consecutive or not, in any one year.
13   Development of uncoloured land on the zone map
(1) Objectives
  to enable the control of development on unzoned land.
  to ensure that development of unzoned land is compatible with surrounding development and zones.
  to ensure that development of certain waters takes account of environmental impacts and other users of the waters.
(2)  A person must not carry out development (other than development for the purpose of an outdoor eating area on a footpath within a road reserve or development listed in Schedule 5) on unzoned land except with consent.
(3)  In deciding whether to grant consent to development on unzoned land, the consent authority must consider:
(a)  whether the proposed development is compatible with development permissible in the adjoining zone and the character and use of existing development in the vicinity, and
(b)  in the case of unzoned land that is below the mean high-water mark of the ocean or an estuary, bay, lake or river:
(i)  whether or not the proposed development would alienate the use of the waters of the ocean, estuary, bay, lake or river from recreational uses or from commercial fishing and, if so, whether there is sufficient area in the locality for those uses to mitigate the adverse effect of the proposed development on those uses, and
(ii)  the provisions of any coastal, estuary or river plan of management in force from time to time that applies to the unzoned land or land in the vicinity, and
(iii)  any impact the proposed development may have on the natural environment.
14   Development near zone boundaries
(1) Objective
  to provide flexibility where detailed investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site.
(2)  This clause applies to land which is:
(a)  within 20 metres of a boundary between any two of Zones 1 (c), 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f), 3 (a), 3 (b), 3 (c), 3 (d), 3 (e), 4 (a), 5 (a), 6 (a) and 6 (b), or
(b)  within 50 metres of a boundary between Zones 1 (a) and 1 (b), or
(c)  within 50 metres of a boundary between any zone referred to in paragraph (a) and any zone referred to in paragraph (b).
(3)  Development that would otherwise be prohibited may, with consent, be carried out on land to which this clause applies if the development may be carried out (with or without consent) in the adjoining zone.
(4)  Consent may be granted to development referred to in subclause (3) only if the consent authority is satisfied that the proposed development is more appropriate, due to planning, design, ownership, servicing or similar criteria, than the development that would otherwise be allowed.
15   Availability of essential services
(1) Objectives
  to ensure that development does not occur without adequate measures to protect the environment and the community’s health.
  to ensure that development occurs in a coordinated and efficient manner.
(2)  Consent must not be granted to the carrying out of development on any land unless:
(a)  a water supply and facilities for the removal or disposal of sewage and drainage are available for that land, or
(b)  arrangements satisfactory to the consent authority have been made for the provision of that supply and those facilities.
16   Height of buildings
(1) Objective
  to ensure that the height and scale of development is appropriate to its location, surrounding development and the environmental characteristics of the land.
(2)  Consent must not be granted to the erection of a building which exceeds the maximum height or number of storeys indicated on the Height of Buildings map in respect of the land to which the application relates.
(3)  If an application for development consent made to the consent authority prior to the commencement of Tweed Local Environmental Plan 2000 (Amendment No 46) is not determined by the consent authority before that date:
(a)  the amendments made to Schedule 1 to this plan by Tweed Local Environmental Plan 2000 (Amendment No 46) do not apply to the determination of the application, and
(b)  the application is to be determined under this plan as if those amendments had not been made (that is, having regard to the definitions of height in relation to a building and storey in force under this plan immediately before that commencement).
cl 16: Am 7.1.2005.
17   Social impact assessment
(1) Objective
  to ensure proper consideration of development that may have a significant social or economic impact.
(2)  Where the consent authority considers that a proposed development is likely to have a significant social or economic impact in the locality or in the local government area of Tweed, the consent authority may grant consent to the proposed development only if it has considered a socio-economic impact statement in respect of the proposed development.
(3)  The socio-economic impact statement that the consent authority considers must do at least the following:
(a)  identify the likely future impacts of the development on the affected community,
(b)  analyse the impacts in terms of magnitude, significance, duration, effect on current and future conditions and community services, and the like,
(c)  determine if the impacts will cause a loss of amenity within the locality due to a net reduction in community services and facilities,
(d)  determine and assess possible measures for the management or mitigation of likely impacts.
cl 17: Am 15.10.2004.
18   Rural workers’ dwellings
(1) Objective
  to enable the provision of on-farm accommodation for rural workers only where there is a genuine need for them to live on-site and there is a demonstrated capacity of the existing farm to support their employment.
(2)  Consent may be granted to the erection of a rural worker’s dwelling only if the consent authority is satisfied that:
(a)  its erection will not impair the use of the land for agriculture, and
(b)  the existing agricultural operation genuinely necessitates that rural workers reside on the farm and the operation has the economic capacity to support them, and
(c)  the resident of the rural worker’s dwelling is to be employed on that farm, and
(d)  the erection of a rural worker’s dwelling would not result in there being any more than one rural worker’s dwelling on the farm, and
(e)  the dwelling will not be built on land classified as Class 1 or 2 agricultural land by the Department of Agriculture.
(3)  Consent must not be granted to the erection of a rural worker’s dwelling on an allotment of land having an area of less than 40 hectares in Zone 1 (a), 1 (b2) or 7 (d) or an allotment of less than 10 hectares in Zone 1 (b2).
(4)  For the purposes of subclause (3), land is taken to be in Zone 1 (b2) if it is shown on the zone map by the marking “1 (b2)”.
Part 4 Subdivision
19   General
(1) Objective
  to provide a comprehensive system of planning controls for the subdivision of land in the Tweed local government area.
(1A)  Despite Part 2 but subject to this Part, a person must not subdivide land without consent.
(2)  Subdivision under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 may be carried out without consent if the land is within Zone 2 (a), 2 (b), 2 (c), 2 (d), 2 (e), 2 (f), 3 (a), 3 (b), 3 (c), 3 (d), 3 (e), 4 (a), 5 (a), 6 (a) or 6 (b).
(3)  A person may, with consent, carry out a minor boundary adjustment, notwithstanding that the new lots may not comply with any relevant development standards applicable to the zone in which the land is situated.
(4)  Consent is not required for a subdivision effected for the purposes of widening a public road, creating an allotment for use by a public utility undertaking, or as a public reserve or the like, notwithstanding that an allotment created by the subdivision may not comply with the minimum lot size applicable to the zone in which the land is situated.
cll 19: Am 26.9.2003.
20   Subdivision in Zones 1 (a), 1 (b), 7 (a), 7 (d) and 7 (l)
(1) Objectives
  to prevent the potential for fragmentation of ownership of rural land that would:
(i)  adversely affect the continuance or aggregation of sustainable agricultural units, or
(ii)  generate pressure to allow isolated residential development, and provide public amenities and services, in an uncoordinated and unsustainable manner.
  to protect the ecological or scenic values of the land.
  to protect the area of Tweed’s water supply quality.
(2)  Consent may only be granted to the subdivision of land:
(a)  within Zone 1 (a), 1 (b2), 7 (a), 7 (d) or 7 (l) if the area of each allotment created is at least 40 hectares, or
(b)  within Zone 1 (b1) if the area of each allotment created is at least 10 hectares.
(3)  Despite subclause (2), consent may be granted to the subdivision of land where an allotment to be created is less than 40 hectares, or 10 hectares in the case of Zone 1 (b1), if the consent authority is satisfied that the allotment will be used for a purpose, other than for an agricultural or residential purpose, for which consent could be granted.
(4)  For the purposes of subclauses (2) and (3):
(a)  land is taken to be within Zone 1 (b1) if it is shown on the zone map by the marking “1 (b1)”, and
(b)  land is taken to be in Zone 1 (b2) if it is shown on the zone map by the marking “1 (b2)”.
cll 20: Am 26.9.2003.
21   Subdivision in Zone 1 (c)
(1) Objective
  to ensure that the semi-rural character and environmental values of the locality are protected.
(2)  Consent may be granted to the subdivision of land in Zone 1 (c) for residential purposes only if:
(a)  each allotment will be connected to a reticulated water supply system, or a tank water supply will be provided to the satisfaction of the consent authority, and
(b)  the consent authority is satisfied that each allotment created is capable of accommodating adequate facilities for the treatment and disposal of sewage or will be connected to the Council’s reticulated sewerage system, and
(c)  in the case of land to be connected to the Council’s reticulated sewerage system—the area of each lot created is not less than 0.4 hectare, and
(d)  in the case of land not to be connected to the Council’s reticulated sewerage system—the area of each lot created is not less than 1 hectare.
cl 21: Am 15.10.2004.
21A   Subdivision in Zone 7 (f)
(1) Objectives
  to protect the ecological or scenic values of coastal lands,
  to protect land that may be susceptible to coastal erosion processes from inappropriate development.
(2)  Consent may be granted to the subdivision of land within Zone 7 (f) only if:
(a)  the area of each allotment created is at least 40 hectares, or
(b)  the consent authority is satisfied that the allotment will be used for a purpose, other than for an agricultural or a residential purpose, for which consent could be granted.
cl 21A: Ins 26.9.2003.
Part 5 Roads
22   Development near designated roads
(1) Objectives
  to protect and improve the capacity, efficiency and safety of designated roads.
  to prevent development on designated roads that would detract from the scenic attractiveness of the area of Tweed.
  to prevent or reduce the potential impact of traffic noise on development adjacent to designated roads.
(2)  This clause applies to land that:
(a)  has frontage to a designated road, or
(b)  relies on a designated road for its sole means of vehicular access, or
(c)  is within Zone 1 (a), 1 (b), 1 (c), 5 (a), 7 (a), 7 (d), 7 (f) or 7 (l) and has direct access to another road at a point less than 90 metres from that road’s intersection with a designated road.
(3)  A person may, with the consent of the consent authority and the concurrence of the RTA, carry out development on land within Zone 5 (a) shown by red lettering on the zone map as “Proposed Classified Road”:
(a)  for a purpose for which development may be carried out on land in an adjoining zone, or
(b)  for any other purpose that is compatible with development that may be carried out on land in an adjoining zone.
(4)  The consent authority may grant consent to development on land to which this clause applies only if it is satisfied that:
(a)  the development (because of its nature, appearance, cumulative effect or illumination, or the intensity or the volume or type of traffic likely to be generated, or for another similar reason) is unlikely to constitute a traffic hazard or materially reduce the capacity or efficiency of the designated road, and
(b)  the location, standard and design of access points, and on-site traffic movement and parking arrangements, would ensure that through traffic movement on the designated road is not impeded, and
(c)  the development, or proposed access to it, will not prejudice any future improvements to, or realignment of, the designated road, and
(d)  where the land is in Zone 1 (a), 5 (a), 7 (a), 7 (d), 7 (f), or 7 (l), the development is of a type that necessitates a location in proximity to the designated road for reasons other than only commercial advantage, and
(e)  the development is of a type that is not sensitive to traffic noise or, if it is, it is located or adequate measures are included to ameliorate any potential noise impact, and
(f)  the development would not detract from the scenic values of the locality, particularly from the point of view of road users, and
(g)  where practicable, access to the land is provided by a road other than the designated road, and
(h)  in respect of any application for commercial or retail development near the Pacific Highway in Zone 1 (a), 7 (a), 7 (d), 7 (f) or 7 (l), the development:
(i)  would not compromise the Highway’s function as the North Coast’s primary inter- and intra-regional road traffic route, and
(ii)  would not contribute to the need to expend public money on the Highway to overcome the effects of ribbon development, and
(iii)  would not compromise highway safety and efficiency, and
(iv)  would not cause or contribute to the shifting of the retail/commercial foci of any town from the town centre to a highway-orientated site.
(5)  The RTA must take the matters listed in subclause (4) into consideration before granting concurrence to development on land to which this clause applies.
cl 22: Am 18.8.2000; 15.10.2004.
23   Control of access
(1) Objective
  to control access to designated roads.
(2)  A road or other means of access which forms a junction or intersection with a designated road must not be opened or formed except with development consent.
24   Set backs to designated roads
(1) Objective
  to control development along designated roads.
(2)  This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 7 (a), 7 (d), 7 (f) or 7 (l) or zoned 5 (a) (Forestry).
(3)  Except as provided by subclause (4), a building of a kind described in Column 1 of the following Table must not be erected on land to which this clause applies if the distance between the proposed building and any designated road would be less than the distance specified in Column 2 of the Table.
Table
Column 1
Buildings used for:
Column 2
Distance in metres from designated road
bulk stores, extractive industries, junkyards, liquid fuel depots, offensive or hazardous industries or transport terminals
100
caravan parks, hotels, industries (other than offensive or hazardous industries), motels or moveable dwelling parks
50
anything else
30
(4)  The consent authority may require a greater distance between the proposed building and any designated road based on consideration of matters listed in clause 22 (4).
Part 6 Environment and resource provisions
25   Development in Zone 7 (a) Environmental Protection (Wetlands and Littoral Rainforests) and on adjacent land
(1) Objective
  to ensure that wetlands and littoral rainforests are preserved and protected in the environmental and economic interests of the area of Tweed.
(2)  Unless it is exempt development, a person must not clear vegetation from, drain, excavate or fill land within Zone 7 (a) except with development consent.
(3)  Consent must not be granted to the carrying out of development on land within Zone 7 (a) or on land adjacent to land within Zone 7 (a) unless the consent authority has taken into consideration:
(a)  the likely effects of the development on the flora and fauna found in the wetlands or littoral rainforest, and
(b)  the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing, and
(c)  a plan of management showing how any adverse effects arising from the development can be mitigated, and
(d)  the likely effects of the development on the water table, and
(e)  the effect on the wetlands or littoral rainforest of any proposed clearing, draining, excavating or filling.
(4)  The consent authority must not grant consent to development (other than development for the purpose of agriculture or a home business) on land within Zone 7 (a) or on land adjacent to land within Zone 7 (a) without taking into consideration any representations made by NSW Fisheries or the Department of Environment and Conservation in respect of the development.
cl 25: Am 21.11.2003.
26   Development in Zone 7 (d) Environmental Protection (Scenic/Escarpment)
(1) Objective
  to ensure that the development of land within Zone 7 (d) minimises soil erosion and will preserve or enhance the scenic quality of the land and the locality.
(2)  Unless it is exempt development, a person must not clear vegetation from, excavate or erect a building on land within Zone 7 (d) except with development consent.
(3)  Consent must not be granted to the erection of a building on land within Zone 7 (d) unless the consent authority is satisfied that:
(a)  the scale, height and location of the building, and
(b)  the colour, type and reflectivity of materials to be used,
will preserve or enhance the scenic quality of the land and the locality.
27   Development in Zone 7 (f) Environmental Protection (Coastal Lands)
(1) Objectives
  to protect land that may be susceptible to coastal erosion processes from inappropriate development.
  to establish concurrence criteria.
(2)  In deciding whether to grant consent to development in Zone 7 (f), the consent authority must consider:
(a)  the provisions of any plan of management adopted by the Council under the Local Government Act 1993 that is applicable to the land, and
(b)  the impact of the development on the behaviour of the sea, or an arm of the sea, or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, and
(c)  the impact of the development on any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, and
(d)  the impact of the development on the landscape or scenic quality of the locality, and
(e)  the impact of the development on any native vegetation.
(3)  Development (other than that included in Item 1 for Zone 7 (f) in the Table to clause 11) must not be carried out within Zone 7 (f) except with the concurrence of the Director.
(4)  In determining whether to grant concurrence, the Director must take into consideration the likelihood of the proposed development:
(a)  adversely affecting the behaviour, or being adversely affected by the behaviour, of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, and
(b)  adversely affecting any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or any bay, inlet, lagoon, lake, body of water, stream or watercourse, and
(c)  adversely affecting the landscape or scenic quality of the locality.
cl 27: Am 26.9.2003.
28   Development in Zone 7 (l) Environmental Protection (Habitat) and on adjacent land
(1) Objective
  to protect wildlife habitat from the adverse impacts of development.
(2)  Unless it is exempt development, a person must not clear vegetation from, drain, excavate or fill land within Zone 7 (l) except with development consent.
(3)  The consent authority must not grant consent to development (other than for the purpose of agriculture, a dwelling house or a home business) on land within Zone 7 (l) without having regard to any representations made by NSW Fisheries and the National Parks and Wildlife Service.
(4)  The consent authority must not grant consent to development on or adjacent to land within Zone 7 (l) unless it has taken into consideration:
(a)  the likely effects of the development on the flora and fauna found in the locality, and
(b)  the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing, and
(c)  a plan of management showing how any adverse effects arising from the development are to be mitigated.
29   Development adjacent to Zone 8 (a) National Parks and Nature Reserves
(1) Objective
  to ensure that development of land adjacent to Zone 8 (a) does not have a significant impact on wildlife habitat.
(2)  The consent authority must not grant consent to development adjacent to land within Zone 8 (a) unless it has taken into consideration:
(a)  the likely effects of the development on the flora and fauna found in the locality, and
(b)  the potential for disturbance of native flora and fauna as a result of intrusion by humans and domestic and feral animals, increased fire risk, rubbish dumping, weed invasion and vegetation clearing.
30   Definition of “vegetation clearing”
For the purpose of this Part, vegetation clearing means any one or more of the following:
(a)  cutting down, felling, thinning, logging or removing any vegetation, or
(b)  killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, or
(c)  severing, topping or lopping branches, limbs, stems or trunks of native vegetation, or
(d)  substantially damaging or injuring native vegetation in any other way.
Part 7 Hazards and buffers
31   Development adjoining waterbodies
(1) Objectives
  to protect and enhance scenic quality, water quality, aquatic ecosystems, bio-diversity and wildlife habitat and corridors.
  to provide adequate public access to waterways.
  to minimise the impact on development from known biting midge and mosquito breeding areas.
(2)  This clause applies to land that adjoins the mean high-water mark (or the bank where there is no mean high-water mark) of a waterbody.
(3)  Consent must not be granted to development on land to which this clause applies, within such distance as is determined by the consent authority of the mean high-water mark or, where there is no mean high-water mark, the top of the bank or shore of a stream, creek, river, lagoon or lake unless it is satisfied that:
(a)  the development will not have a significant adverse effect on scenic quality, water quality, marine ecosystems, or the bio-diversity of the riverine or estuarine area or its function as a wildlife corridor or habitat, and
(b)  adequate arrangements for public access to and use of foreshore areas have been made in those cases where the consent authority considers that public access to and use of foreshore areas are appropriate and desirable requirements, and
(c)  the development is compatible with any coastal, estuary or river plan of management adopted by the Council under the Local Government Act 1993 that applies to the land or to land that may be affected by the development, and
(d)  the development addresses the impact of increased demand from domestic water supply on stream flow.
(e)  the development addresses the likely impact of biting midge and mosquitoes on residents and tourists and the measures to be used to ameliorate the identified impact.
(4)  The consent authority may require as a condition of consent to any development that the following be carried out:
(a)  the rehabilitation of land adjoining the waterbed to create a vegetated riparian zone or wetland,
(b)  works to stabilise the bank or shoreline of a waterbed.
(5)  In determining a distance for the purposes of this clause, the consent authority shall have regard to:
(a)  the preservation of the scenic quality of foreshores, and
(b)  minimising the risk of pollution of waterways, and
(c)  the protection of foreshore ecosystems, and
(d)  the intended or planned use for the foreshore.
cl 31: Am 21.11.2003.
32   Aircraft noise
(1) Objectives
  to prevent certain noise sensitive developments from locating in proximity to Coolangatta Airport and its flight paths.
  to minimise the noise impact from the operation of Coolangatta Airport on development in its vicinity.
(2)  This clause applies to land within the 20 or higher ANEF contour.
(3)  Consent must not be granted to development for the purpose of a caravan park, child care centre, hospital or educational establishment or for residential development (including subdivision for residential purposes, but not including the erection or use of a dwelling house) within the 25 or higher ANEF contour.
(4)  The consent authority must not grant consent to the erection of a dwelling house within the 25 or higher ANEF contour unless it imposes a condition on the consent that the building is to meet the building construction requirements of Australian Standard AS 2021–1994(Acoustics–Aircraft noise intrusion—Building siting and construction).
(5)  When deciding whether to grant consent to development for:
(a)  the purpose of a caravan park, child care centre, hospital or educational establishment or for residential development between the 20 and 25 ANEF contours, or
(b)  a community building, place of assembly, place of public worship or retail, commercial or light industrial purposes within the 25 or higher ANEF contour,
the consent authority must consider Australian Standard AS 2021–1994(Acoustics–Aircraft noise intrusion—Building siting and construction).
33   Obstacles to aircraft
(1) Objective
  to ensure that development in the vicinity of Coolangatta and Murwillumbah Airports and en route flight paths does not increase the risk of obstacles to aircraft.
(2)  When deciding whether to grant consent to development in the vicinity of Coolangatta or Murwillumbah Airports, the consent authority must consider any current obstacle limitation surfaces plan or procedures for air navigation services—aircraft operations plan prepared by the airport operator that has been notified to the Council.
(3)  When deciding whether to grant consent to a building or structure 110 metres or more above ground level, the consent authority must further consider the requirements of the Civil Aviation Safety Authority under regulations 89Y and 89Z of the Civil Aviation Regulations 1988 of the Commonwealth.
34   Flooding
(1) Objectives
  to minimise future potential flood damage by ensuring that only appropriate compatible development occurs on flood liable land.
  to minimise the adverse effect of flooding on the community.
(2)  Where, in the consent authority’s opinion, land is likely to be subject to flooding, then it must not grant consent to development on that land unless it has considered:
(a)  the extent and nature of the flooding hazard affecting the land, and
(b)  whether or not the development would increase the risk or severity of flooding of other land in the vicinity, and
(c)  whether the risk or severity of flooding affecting the development could be reasonably mitigated, and
(d)  the impact of the development on emergency services, and
(e)  the provisions of Tweed Development Control Plan No 5—Development of Flood Liable Land and any other relevant development control plan.
35   Acid sulfate soils
(1) Objectives
  to manage disturbance of acid sulfate soils to minimise impacts on water quality, ecosystems, infrastructure and agricultural and urban activities.
  to require special consideration and development consent for works, including some agricultural and infrastructure-related works, that would disturb soils or ground water levels in areas identified as having acid sulfate soils.
  to provide for a regime of self-regulation by those organisations which have demonstrated to the Council their ability to manage acid sulfate soils issues.
(2)  For the purpose of this clause, works includes:
(a)  any landform alteration that may result in the disturbance of soil (such as occurs in carrying out agriculture, including land levelling and the like, the construction of new drains, the widening, deepening or extension of existing drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams or detention basins), footings, road or bridgeworks, the laying of cables, pipes etc, or flood mitigation works), or
(b)  any other works which may lower ground water levels.
(3)  A person must not, without development consent, carry out works on land shown as being Class 1, 2, 3, 4 or 5 land on the series of maps held in the office of the Council and marked “Acid Sulfate Soil Planning Map”, being the works specified for the class of land in the following Table:
Table
Class of land
Specified works
1
Any works
2
  Works below the 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 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 beyond 2 metres below the natural ground surface
5
  Works within 500 metres of Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD in adjacent Class 1, 2, 3 or 4 land
(4)  The consent authority must not grant consent to works specified in subclause (3) unless it has considered:
(a)  a preliminary soil assessment to ascertain the presence or absence of acid sulfate soils within the area of proposed works, unless the applicant agrees that acid sulfate soils are present within the area of proposed works, and
(b)  where the preliminary soil assessment ascertains (or the applicant agrees) that acid sulfate soils are present, the adequacy of an acid sulfate soils management plan prepared in accordance with guidelines, as amended from time to time, published by the Environment Protection Authority, and
(c)  the likelihood of the proposed development resulting in the oxidation of acid sulfate soils and discharge of acid water from the area of the proposed works, and
(d)  any comments received from any relevant public authority the Council may consult with in respect of the application.
(5)  Subclauses (3) and (4) do not apply to works carried out on land shown as Class 1, 2, 3, 4 or 5 land on the series of maps held in the Council’s office and marked “Acid Sulfate Soil Planning Map” if the land has been lawfully filled and the proposed works do not extend beneath the depth of the fill.
(6)  Subclauses (3) and (4) do not apply to works carried out on land shown as Class 1, 2, 3, 4 or 5 land on the series of maps held in the office of the Council and marked “Acid Sulfate Soil Planning Map” for the purpose of agriculture (including drains, land levelling, dams, road works and the like) provided that:
(a)  a production area entitlement with the NSW Sugar Milling Co-operative Limited applies to the land at the time of carrying out the works, and
(b)  the works are carried out in accordance with a drainage management plan lodged with and endorsed by the NSW Sugar Milling Co-operative Limited, and
(c)  the drainage management plan has been prepared in accordance with the Sugar Industry Best Practice Guidelines, a copy of which is available at the office of the Council, and
(d)  the Sugar Industry Best Practice Guidelines have been approved by the Director-General of the Department of Urban Affairs and Planning in consultation with the NSW Acid Sulfate Soils Management Advisory Committee (ASSMAC) and the Department of Agriculture and have been adopted by the Council, and
(e)  the works are not carried out in respect of any major drain listed in Schedule 7, or on land within Zone 7 (a) or 7 (l), and
(f)  the Council has not served a notice on the person carrying out or using the works, or published a notice in a newspaper circulating in the locality of the works, requiring that the carrying out or use of the works must cease or that development consent must be obtained prior to the carrying out or further use of the works.
(7)  An annual review of drainage management plans and works to which subclause (6) relates is to be carried out by NSW Sugar Mills Co-operative Limited to a standard satisfactory to the Council and the Co-op is to provide the Council with a copy of the results of the review immediately after it has been carried out. The Council may issue a notice under subclause (6) (f) relating to any one or more of those works if either of those requirements is not complied with.
36   Coastal erosion outside Zone 7 (f)
(1) Objective
  to protect land that may be subject to coastal erosion (but not within Zone 7 (f)) from inappropriate development.
(2)  In determining whether to grant consent to development involving the erection of a building or the carrying out of a work at or above the surface of the ground on land that in the consent authority’s opinion may be subject to coastal erosion, the consent authority must:
(a)  notify the Department of Land and Water Conservation of the proposed development and take into account any comments received from that Department within 21 days of notification, and
(b)  consider the likelihood of the proposed development:
(i)  adversely affecting the behaviour or being adversely affected by the behaviour of the sea, or of water in an arm of the sea or any other body of water, and
(ii)  adversely affecting any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea, any arm of the sea or any other body of water, and
(iii)  adversely affecting the landscape or scenic quality of the locality.
37   Electricity transmission line corridor
(1) Objective
  to cater for the alignment of, and development in proximity to, major transmission lines.
(2)  Development, other than exempt development and agriculture, must not be carried out on land within a transmission line corridor shown on the zone map, except with development consent.
(3)  The consent authority must not grant consent unless it has:
(a)  notified NorthPower of the proposed development, and
(b)  considered any representations received from NorthPower within 21 days of such notification.
38   Future road corridors
(1) Objective
  to cater for the alignment of, and development in proximity to, future roads.
(2)  Development, other than exempt development or agriculture, must not be carried out on land in or adjoining a future road corridor shown on the zone map, except with development consent.
(3)  The consent authority must not grant consent unless it has considered the effect of that development on the future alignment of the road corridor.
39   Remediation of contaminated land
(1) Objective
  to ensure that contaminated land is adequately remediated prior to development occurring.
(2)  State Environmental Planning Policy No 55—Remediation of Land applies to land to which this plan applies despite any other provision of this plan.
39A   Bushfire protection
(1) Objective
  to minimise bushfire risk to built assets and people and to reduce bushfire threat to ecological assets and environmental assets.
(2)  In determining whether to grant consent to development in areas that, in the opinion of the consent authority, are likely to be affected by bushfire, the consent authority must take into account:
(a)  whether the development is likely to have a significant adverse effect on the implementation of any strategies for bushfire control and fuel management adopted by the Bushfire Control Office established by the Council for the area, and
(b)  whether a significant threat to the lives of residents, visitors or emergency services personnel may be created or increased as a result of the development (including any threat created or increased by the access arrangements to and from the development), and
(c)  whether the increased demand for emergency services during bushfire events that is created by the development would lead to a significant decrease in the ability of the emergency services to effectively control major bushfires, and
(d)  the adequacy of measures proposed to avoid or mitigate the threat from bushfires including:
(i)  the siting of the development, and
(ii)  the design of structures and the materials used, and
(iii)  the importance of fuel-free and fuel-reduced areas, and
(iv)  landscaping and fire control aids such as roads, reserves, access arrangements and on-site water supplies, and
(e)  the environmental and visual impacts of the clearing of vegetation for bushfire hazard reduction.
(3)  In taking into account the matters required by subclause (2), the consent authority must have regard to the provisions of the document entitled Planning for Bushfire Protection, prepared by Planning & Environment Services, NSW Rural Fire Service in co-operation with the then Department of Urban and Transport Planning, and dated December 2001, and must be satisfied that those provisions are, as much as is possible, complied with.
cl 39A: Ins 27.2.2004.
Part 8 Heritage provisions
40   Heritage provisions objectives
The objectives of the heritage provisions are as follows:
  to conserve the environmental heritage of the area of Tweed.
  to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings.
  to provide for public involvement in the conservation of environmental heritage.
  to integrate heritage conservation into the planning and development control processes.
41   Heritage items and conservation areas
(1)  For the purposes of this Part, heritage items are those items listed in Schedule 2.
(2)  Those portions of the villages of Uki and Tumbulgum located within the broken dashed line on the zone map are heritage conservation areas.
42   Protection of heritage items, heritage conservation areas and relics
(1)  The following development may be carried out only with development consent:
(a)  demolishing, defacing, damaging or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area, or
(b)  altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or
(c)  altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, 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 or which is within a heritage conservation area.
(2)  Development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not affect the heritage significance of the heritage item or heritage conservation area.
(3)  When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.
43   Notice of certain heritage development applications
(1)  The provisions of the Act relating to advertised development apply to an application for consent to development which involves:
(a)  the demolishing, defacing or damaging of a heritage item or of a building, work, relic, tree or place within a heritage conservation area except if the proposed development:
(i)  only involves the partial demolition of a heritage item or of a building or work within a heritage conservation area and such partial demolition, in the opinion of the consent authority, is of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the area of Tweed, and
(ii)  does not relate to a heritage item listed in Schedule 2 as being of State significance, or
(b)  the change of use of a building or land under the provisions of clause 46.
(2)  Before granting development consent to the demolishing, defacing or damaging of a heritage item listed in Schedule 2 as being of State significance, the consent authority must notify the Heritage Council of its intention to do so and take into consideration any comments received from the Heritage Council within 28 days after the notice is sent.
cl 43: Am 17.12.2004.
44   Development of land within likely or known archaeological sites
(1)  The consent authority may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that is the location of an Aboriginal place or a relic within the meaning of the National Parks and Wildlife Act 1974), or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Director-General of National Parks and Wildlife, and
(b)  it has notified the Director-General of its intention to do so and taken into consideration any comments received from the Director-General within 28 days after the notice was sent, and
(c)  it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
(2)  The consent authority may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:
(a)  it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site prepared in accordance with any guidelines for the time being notified to it by the Heritage Council, and
(b)  it has notified the Heritage Council of its intention to do so and taken into consideration any comments received from the Heritage Council within 28 days after the notice was sent, and
(c)  it is satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.
45   Development in the vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites
The consent authority must take into consideration the likely effect of the proposed development on the heritage significance of a heritage item, heritage conservation area, archaeological site or potential archaeological site, and on its setting, when determining an application for consent to carry out development on land in its vicinity.
46   Conservation incentives
The consent authority may consent to the use, for any purpose, of a building that is a heritage item or is within a heritage conservation area, or of the land on which the building is erected, even though the use would otherwise be prohibited by this plan, if it is satisfied that:
(a)  the proposed use would not adversely affect the heritage significance of the heritage item or heritage conservation area, and
(b)  the conservation of the building depends on the granting of the consent.
Part 9 Advertising signs
47   Advertising signs
(1) Objective The objective of the advertising sign provisions is to ensure that outdoor advertising:
(a)  conveys advertisers’ messages and images while complementing and conforming to both the building on which it is displayed and the character of the locality, and
(b)  does not adversely affect the locality in terms of appearance, size, illumination or overshadowing or in any other way, and
(c)  does not lead to visual clutter through the proliferation of signs, and
(d)  does not detract from the rural character or scenic qualities of the area of Tweed.
(2) Advertisements allowed only with consent Development for the purpose of an advertisement on land within a zone other than a rural, open space or environmental protection zone may be carried out with development consent only if it is not prohibited under subclause (4).
(3)  Development for the purpose of an advertisement on land within a rural, open space or environmental protection zone may be carried out with development consent only if it is not prohibited under subclause (4) and it is either:
(a)  a temporary sign in Zone 7 (a), 7 (d) or 7 (l), or
(b)  an advertisement that directs the travelling public to a specific tourist facility, lawful business or place of scientific, historic or scenic interest and the consent authority is satisfied that:
(i)  the principal purpose of the advertisement is to direct the travelling public to that building or place, and
(ii)  the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public, or
(c)  an advertisement relating to a lawful use on the land on which the advertisement is to be displayed.
(4) Advertisements prohibited Development for the purpose of a roof sign, an A-frame sign on public land, a flashing sign or an animated sign (otherwise than as exempt development) is prohibited.
Part 10 Acquisition of land
48   Acquisition and development of land in Zone 5 (a) (RTA Road)
(1) Objective
  to set out the requirements for the acquisition and interim development of land set aside for future RTA roads.
(2)  In this clause:
vacant land means land on which, immediately before the day on which the notice under subclause (3) is given, there were no buildings other than fences.
(3)  The owner of any land within Zone 5 (a) shown in red lettering on the zone map as “RTA Road” may, by notice in writing, require the RTA to acquire the land.
(4)  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 program 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 (5) 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.
(5)  The consent authority must not approve an application to carry out development on land referred to in subclause (3) except with the concurrence of the RTA. In deciding whether to grant concurrence, the RTA must consider:
(a)  the need to carry out development on the land for the purpose for which the land is zoned, and
(b)  the imminence of the acquisition of the land by the RTA, and
(c)  the likely additional cost to the RTA resulting from the carrying out of the proposed development.
(6)  Land acquired under this clause may be developed for any purpose, with development consent, until such time as it is required for the purpose for which it was acquired.
49   Acquisition and development of certain land in Zones 5 (a) and 6 (a)
(1) Objective
  to set out the requirements for the acquisition and interim development of land set aside for future local roads, open space and other Council purposes.
(2)  This clause applies to land within:
(a)  Zone 5 (a) shown on the zone map by red lettering as “Drainage”, “Council Purposes” or “Council Road”, or
(b)  Zone 6 (a), except land held by a public authority for the purposes of public open space.
(3)  The owner of any land to which this clause applies may, by notice in writing, require the Council to acquire the land.
(4)  On the receipt of a notice referred to in subclause (3), the Council must acquire the land unless the land may be required to be provided as a condition of consent to the carrying out of development.
(5)  A person may, with development consent, carry out development for any purpose on land to which this clause applies until the land is acquired or developed for the purpose for which it is zoned.
(6)  A person must not carry out development on land to which this clause applies prior to its acquisition so as to render the land unfit for the purposes for which it is zoned.
(7)  Consent referred to in subclause (5) must not be granted unless consideration has been given to:
(a)  the need for the proposed development on the land, and
(b)  the impact of the proposed development on the existing or likely future use of the land, and
(c)  the need to retain the land for its existing or likely future use, and
(d)  the effect of the proposed development on the costs of acquisition, and
(e)  the imminence of acquisition, if the land has not yet been acquired, and
(f)  the costs of reinstatement of the land for the purposes for which the land is to be acquired.
(8)  In granting such a consent, the consent authority may impose conditions requiring:
(a)  the removal of any building or work for which the consent is being granted, and
(b)  the reinstatement of the land or removal of any waste materials, refuse or contaminants,
without the payment of compensation by the consent authority.
Part 11 Particular area provisions
50   Floor space ratios in Zones 3 (a) and 3 (b) at Tweed Heads
(1) Objective
  to control by floor space ratio the intensity of retail uses in Zone 3 (a) (the Sub-regional Business zone) and certain parts of Zone 3 (b) (the General Business zone), and encourage the consolidation of lots.
(2)  This clause applies to land within Zones 3 (a) and 3 (b) at Tweed Heads.
(3)  Buildings proposed to be erected on land to which this clause applies must not exceed the floor space ratios (FSRs) in the following Table:
Table
Floor space ratios
Column 1
Column 2
Column 3
Column 4
Zone
Maximum FSR for sites less than 2,000m2
Maximum FSR for sites 2,000m2 or more, without bonuses
Maximum FSR for sites 2,000m2 or more, with bonuses
3 (a)
2:1
2:1
4:1
3 (b)
1:1, including not more than 0.25:1 for retail or refreshment rooms
1:1, including not more than 0.25:1 for retail or refreshment rooms
2:1
(4)  In order to achieve the maximum floor space ratio contained in Column 4 of the Table, a development must provide bonuses as specified in Development Control Plan No 18—Tweed Heads, as in force on the appointed day.
cl 50: Am 18.8.2000.
51   Development in Zone 3 (e) Special Tourist (Jack Evans Boatharbour)
(1) Objective
  to ensure that potential environmental effects of development in Zone 3 (e) are properly assessed and ameliorated and that development is consistent with a more detailed development control plan for the area.
(2)  The consent authority must not grant consent to development on land within Zone 3 (e) unless the consent authority is satisfied that:
(a)  adequate measures have been included in the proposal to treat, control and redirect stormwater and other run off, so as to maintain and enhance water quality in the boatharbour, river and ocean, and
(b)  satisfactory availability of sunlight, particularly in winter, to all public open space and pedestrian and waterfront areas, is ensured, and the proposal will respond adequately to the micro-climate of the area, including winds, and
(c)  adequate methods are incorporated for the disposal and filtration of de-watered material from excavated sites and to ensure stability of the site during and after construction.
(3)  The Council must not grant consent to any development within Zone 3 (e) unless it is satisfied that such development makes adequate provision for public roads and road upgrading.
51A   Multi-dwelling housing densities in Zone 2 (a)
(1) Objective
  to control the density of multi-dwelling housing in Zone 2 (a) (the Low Density Residential zone) by the use of a development standard.
(2)  Multi-dwelling housing proposed to be erected on land within Zone 2 (a) is to be at a density not greater than:
(a)  one dwelling per 450 square metres of site area, or
(b)  if the site is within 300 metres of a business centre as indicated on the Business Centres Map—one dwelling per 250 square metres of site area.
cl 51A: Ins 31.1.2003. Am 15.10.2004.
51B   Multi-dwelling housing in Zones 3 (a) and 3 (b)
(1) Objective The objective of this clause is to allow multi-dwelling housing on land zoned 3 (a) or 3 (b), but only if it meets certain criteria to ensure the development of the land does not undermine its commercial use and the objectives of those zones.
(2)  This clause applies to land within Zone 3 (a) or 3 (b).
(3)  Despite the Table to clause 11, a person may, with the consent of the Council, carry out development on land to which this clause applies for the purpose of multi-dwelling housing, subject to subclauses (4) and (5).
(4)  Multi-dwelling housing on land to which this clause applies must be attached to shops, commercial premises or other non-residential development on the same site.
(5)  If multi-dwelling housing is located at ground level or within 2.4 metres of ground level, a dwelling or car park area must not front any commercial street listed in Schedule 8.
cl 51B: Ins 25.2.2005.
52   Zone map overlay provisions
(1) Objective
  to apply special provisions relating principally to environmental protection within particular areas shown on the zone map.
(2)  In relation to land shown on the zone map in any one or more of the manners indicated in Column 1 of the following Table, the corresponding provisions specified opposite in Column 2 apply.
Table
Column 1
Column 2
Shown on the zone map by:
Applicable provisions
Consent must not be granted to development that involves the erection of a building or the carrying out of works unless:
(a)  the consent authority has notified the Director-General of National Parks and Wildlife of its intention to do so, and
(b)  it has taken into consideration any comments received from the Director-General within 28 days of the notice being sent.
Consent must not be granted to development unless the consent authority has considered detailed plans of the development and for management of its consequences and made an assessment of the following matters:
(a)  the adequacy of proposed measures in a soil and water management plan for the purpose of maintaining or improving the quality of water entering Cudgera Creek, such measures to control soil erosion, sediment and stormwater run off, and release of ground water or surface water containing high acidity, nutrients or pollutants, resulting from disturbance and development of the site,
(b)  whether the proposed measures in a fauna and flora management plan for habitat enhancement and management along the eastern boundary of the land and adjacent to Cudgera Creek are satisfactory.
(1)  Consent must not be granted to development for residential purposes unless the area of each allotment, or the site area per dwelling, is not less than 1,200 square metres.
(2)  A person must not remove a tree or erect a building without development consent.
(3)  Consent must not be granted to the erection of a building, the removal of trees or excavation unless the consent authority has made an assessment as to whether it should impose conditions relating to:
(a)  the height and location of buildings, and
(b)  the colour of materials, and
(c)  the removal and planting of trees,
     so as to ensure that the development will preserve or enhance the scenic quality of the land and surrounding land
#
A person must not carry out any development (except for purposes authorised under the Forestry Act 1916 and purposes ordinarily incidental or ancillary to such purposes) on the land that will substantially change the topographic features or landscape or the natural state of the land, except with development consent.
Where the exact on-site location of a zone boundary is unclear (due to the scale of the zone map or mapping errors) and a determination of its exact location is necessary for the purposes of a development application, consent must not be granted to development unless:
(a)  the zone boundary is determined by a survey carried out by a suitably qualified person at the cost of the applicant and approved by the Council, and
(b)  the survey line, based on on-site investigations, achieves the primary objective of the most environmentally sensitive or restrictive of the zones involved.
Consent must not be granted to development unless the consent authority:
(a)  has notified the Director-General of National Parks and Wildlife of the development application, and
(b)  has taken into consideration any comments received from the Director-General within 28 days of the notice being sent, and
(c)  has considered a report from a suitably qualified person recommending:
(i)  that part of the land be conserved and protected from development, and
(ii)  that part of the land be rezoned to Zone 7 (l), and
(iii)  that a plan of management for the land be prepared.
Consent must not be granted to development unless the consent authority and the applicant have considered detailed plans of the development and for management of its consequences and made an assessment of the following matters:
(a)  the adequacy of proposed measures in a stormwater management plan for the purpose of maintaining or improving the quality of water leaving the site in both surface and ground waters, including measures to control soil erosion, sediment and stormwater run off, and release of ground water or surface water containing high acidity, nutrients or pollutants, resulting from disturbance and development of the site,
(b)  where the development proposes the filling of land:
(i)  whether or not the filling of land would increase the risk or severity of flooding of other land in the vicinity, and
(ii)  the potential impact of the filling of land on groundwater quality, and
(iii)  the likely impact of increased flooding on adjacent flora and fauna habitat, and
(iv)  the quality, volume and source of any fill material and the likely impact associated with the sourcing and transportation of fill material, and
(v)  the adequacy of the location and the justification of the design of environmental buffers between filled areas and environmentally sensitive land such as riparian areas, wetlands and waterways,
(c)  the adequacy of proposed drainage systems, particularly in respect of the Council’s goal that post- development drainage should mimic natural (pre-development) flows by utilising such techniques as reuse, detention, retention and infiltration,
(d)  the extent to which stormwater management and control is consistent with the Tweed Urban Stormwater Management Plan.
cl 52: Am 26.11.2004.
cl 52, table: Subst 28.11.2003. Am 27.2.2004; 26.11.2004.
53   Development of specific sites
(1) Objective
  to enable development for additional purposes on certain land.
(2)  Nothing in this plan prevents land specified in the Table in Schedule 3 from being developed, with development consent, for the purpose specified for the land in that Table, subject to any applicable conditions so specified. The other provisions of this plan apply provided they are not inconsistent with this clause.
53A   Subdivision of Lot 32, DP 847319, Chinderah
(1) Objectives This clause aims:
(a)  to ensure that any subdivision of the land to which this clause applies takes into consideration localised flooding within the area, and
(b)  to ensure that any such subdivision recognises the importance of the area as a gateway to the Kingscliff locality.
(2)  This clause applies to land situated in the local government area of Tweed, Chinderah Road, Chinderah, as shown edged heavy black and distinctly coloured on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 14)”.
(3)  The consent authority must not grant consent to the subdivision of the land to which this clause applies unless it has considered a structure plan that:
(a)  has been available for inspection at the office of the Council since it was adopted by the Council, and
(b)  makes recommendations for development of the land that takes into account:
(i)  the strategic importance of the land and the need to provide a gateway between the Tweed Coast to the south and Tweed Heads and South Tweed to the north, and
(ii)  urban design principles consistent with the Coastal Design Guidelines for NSW (UDAS 2003) published by the Coastal Council of New South Wales.
(4)  The structure plan must also make recommendations regarding:
(a)  the location of, and setbacks from, the proposed east-west connector road, and
(b)  the appropriate density of future development, particularly in relation to the provisions of Tweed Development Control Plan No 5—Development of Flood Liable Land, and
(c)  land use buffers relating to adjoining environmental protection areas and adjoining residential areas (existing and proposed).
cl 53A: Ins 6.8.2004.
Part 12 Miscellaneous provisions
54   Tree preservation order
(1) Objective
  to enable the protection of vegetation for reasons of amenity or ecology.
(2)  The Council may, by resolution, make, revoke or amend a tree preservation order.
(3)  A tree preservation order may:
(a)  prohibit the ringbarking, cutting down, topping, lopping, removing or wilful destruction of any tree or trees to which the order applies without development consent, and
(b)  relate to any tree or trees or to any specified class, type or description of tree on any land, with the exception of trees:
(i)  in a State forest or a forest reserve within the meaning of the Forestry Act 1916, or
(ii)  in a national park within the meaning of the National Parks and Wildlife Act 1974, or
(iii)  required to be lopped for overhead electricity line safety.
(4)  Any consent required by such an order is taken to be required by this clause.
(5)  A tree preservation order, and any revocation or amendment of it, does not have effect until it has been published in a newspaper circulating in the area of Tweed.
(6)  A tree preservation order made and in force immediately before the appointed day under any instrument that applied to land to which this plan applies shall be deemed to be a tree preservation order made and published by the Council under this clause and may be revoked or amended by the Council in accordance with this clause.
55   Classification or reclassification of public land
(1) Objective
  to enable the classification or reclassification of public land for the purposes of the Local Government Act 1993.
(2)  The public land described in Part 1 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(3)  The public land described in Parts 2 and 3 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to subclauses (4)–(7).
(4)  Land described in Part 2 of Schedule 4:
(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 Columns 1 and 2 of Part 3 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 4.
(6)  In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 4, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.
(7)  Before the relevant amending plan inserted the description of land into Part 3 of Schedule 4, the Governor approved of subclause (5) applying to the land.
cl 55: Am 11.10.2002.
56   Suspension of covenants, agreements and similar instruments
(1) Objective
  to enable development to be carried out in accordance with this plan or a consent.
(2)  For the purpose of enabling development to be carried out in accordance with this plan or a consent granted under the Act, any covenant, agreement or similar instrument that restricts or prohibits development allowed by this plan shall not apply to the development to the extent necessary to serve that purpose.
(3)  Nothing in subclause (2) affects the rights or interests of any public authority under any registered instrument.
(4)  Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclause (2).
57   Protection of existing dwelling entitlement
(1) Objectives
  to protect an existing dwelling entitlement on an allotment lawfully created or the creation of which was lawfully consented to before the commencement of this plan.
  to protect an existing dwelling entitlement on an allotment lawfully created after the commencement of this plan if each other allotment created by the subdivision is created for a public purpose or if the allotment was created by a subdivision pursuant to clause 19 (3).
(2)  Nothing in this plan prevents a person, with development consent, from erecting a dwelling house on an allotment lawfully created, or the creation of which was lawfully consented to, before the appointed day and on which a dwelling house could lawfully have been erected immediately before the appointed day.
(3)  Neither clause 20 nor the Table to clause 11 prevents consent being granted:
(a)  to a subdivision of an area of land in Zone 1 (a), 1 (b), 7 (d) or 7 (1) to excise an allotment of at least one hectare to be used for the purpose of a dwelling house, but only if the consent authority is satisfied that each other allotment created by the subdivision is created for a public purpose, and
(b)  to the erection of a dwelling house on the excised allotment, but only if no more dwelling houses will be erected on the area after its subdivision than the greatest number of dwelling houses that could have been erected on the area in accordance with subclause (2) immediately before its subdivision.
(4)  An allotment is created for a public purpose as referred to in subclause (3) (a) only if it is created:
(a)  for the purpose of widening or realigning a public road, or
(b)  so the land may be classified as community land under the Local Government Act 1993, or
(c)  so the land may be classified as operational land under that Act and used for public infrastructure, or
(d)  so that land may be dedicated as a public reserve or dedicated or reserved as a nature reserve or national park (within the meaning of the National Parks and Wildlife Act 1974).
(5)  The Table to clause 11 does not prevent consent being granted to the erection of a dwelling-house on an allotment created by a subdivision of an area of land within Zone 1 (a), 1 (b), 7 (d) or 7 (l) pursuant to clause 19 (3), but only if no more dwelling houses will be erected on the area after its subdivision than the greatest number of dwelling houses that could have been erected on the area in accordance with subclause (2) immediately before its subdivision.
cl 57: Subst 2.4.2004.
58   Savings
Nothing in this plan is to be construed as restricting or prohibiting or enabling the consent authority to restrict or prohibit:
(a)  the carrying out of development of any description specified in Schedule 5 other than that specified in clause 2 or 11 of that Schedule in respect of land to which clause 35 applies, or
(b)  the use of existing buildings of the Crown by the Crown, or
(c)  home occupations carried on in dwelling houses.
Schedule 1 Meanings of terms
(Clause 7 (1))
Term
Meaning
abattoir
a building or place where animals are slaughtered for human consumption.
advertisement
a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
agriculture
includes horticulture and the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, and the growing of fruit, vegetables and the like. It does not include forestry, or the use of an animal establishment or a retail plant nursery.
AHC
Australian Heritage Commission.
airline terminal
a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.
ANEF
Australian Noise Exposure Forecast within the meaning of Australian Standard AS 2021–1994Acoustics—Aircraft noise intrusion—Building siting and construction.
ANEF contour
a noise exposure contour shown on a plan or plans of Coolangatta Airport and surrounding areas prepared by the Coolangatta Airport operator.
animal establishment
a building or place used for any one or more of the purposes of intensive animal husbandry, or the boarding, training or the keeping of animals, birds, fish, crustaceans, insects or the like, generally requiring the importation of feed from outside the land on which the establishment is conducted.
appointed day
the day on which this plan is gazetted.
archaeological site
a site identified as such in Schedule 2.
beach maintenance
restoration works carried out to aid in the stabilisation of the beach area.
bed and breakfast
the use of a lawfully erected dwelling, in addition to its use as a principal place of residence:
(a)  for the provision of short-term accommodation for persons other than its permanent residents, and
(b)  for the provision, by its permanent residents, of meals and other services incidental to its use for the provision of short-term accommodation.
boarding-house
includes a house let in lodgings or a hostel, but does not include a motel or a permanent or transitional group home.
boat repair and servicing facility
a building or place used to repair, service or restore boats.
boat showroom
land used for the display or sale of boats, whether or not boat accessories are sold or displayed there.
boating facility
land used for the purposes of recreational boating activities, and includes a marina, boat launching ramp, boat repair and servicing facility, wharf, jetty and any means of dry storage for boats.
brothel
a building habitually used for the purpose of prostitution being prostitution within the meaning of the Summary Offences Act 1988.
bulk store
land used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.
bulky goods retailing
use of premises for the sale by retail or auction, or the hire or display, of articles 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 premises by members of the public for the purpose of loading articles into their vehicles after purchase.
It may include:
(a)  plant sales and hire (which may include associated repairs and service),
(b)  vehicle part and accessory sales (which may include fitting),
(c)  the sale of hardware, landscape or building supplies,
(d)  the sale of furniture, floor coverings, light fittings, large electrical goods, swimming pools, spas or camping equipment.
It does not include the sale of clothing or foodstuffs, or a motor showroom.
bus depot
land used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.
bus station
land used as a terminal for the assembly and dispersal of passengers travelling by bus.
bushfire hazard reduction
a reduction or modification (by controlled burning, chemical, mechanical or manual means) of material that constitutes a bushfire hazard.
Business Centres Map
the series of maps marked “Tweed Local Environmental Plan 2000 (Amendment No 31)—Business Centres”, as amended by the maps listed in Part 5 of Schedule 6.
business identification sign
an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed:
(a)  the identity or a description of the place or premises,
(b)  the identity or a description of any person residing or carrying on an occupation at the place or premises,
(c)  particulars of any occupation carried on at the place or premises,
(d)  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,
(e)  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,
(f)  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,
(g)  particulars of any activities held or to be held at the place or premises,
(h)  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.
camping ground
land used for the placement of tents and camper vans.
car park
land used principally for the purpose of parking vehicles off-street whether operated for gain or not.
car repair station
land used for the purpose of carrying out repairs to motor vehicles or agricultural machinery not being:
(a)  body building, or
(b)  panel beating which involves dismantling, or
(c)  spray painting other than of a touching-up character.
caravan park
land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
child care centre
land used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:
(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990,
(b)  residential care is not provided on the land for any of the children (other than those related to the owner or operator).
club
a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or of a different kind and whether or not the whole or a part of such building is the premises of a club registered under the Registered Clubs Act 1976.
commercial premises
land used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a land use elsewhere specifically defined in this Schedule.
community building
a building owned, occupied or operated by the Council or another public authority and used to provide facilities comprising or relating to any one or more of the following:
(a)  an art and craft centre,
(b)  a child care centre,
(c)  a health centre,
(d)  a indoor recreation centre,
(e)  a information centre,
(f)  a kiosk,
(g)  a library,
(h)  a meeting room,
(i)  a neighbourhood centre,
(j)  a rest room,
(k)  a senior citizens centre,
(l)  a youth centre,
(m)  a welfare centre,
(n)  any other like place.
contaminated land
land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long-term risk to human health or the environment.
cruise craft dock
land used for the purpose of docking, mooring, servicing and repairing cruise craft (being aquatic vessels containing toilet accommodation), and for the purpose of embarkation and disembarkation of their passengers and crew.
demolish, in relation to a heritage item or a building, work, relic, tree or place within a heritage conservation area
wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.
depot
land used for the storage or maintenance, or both, of plant, machinery, equipment, building materials and the like.
designated road
includes:
(a)  an RTA classified road, and
(b)  a council designated road as shown on the map marked “Tweed Local Environmental Plan 1998—Designated Roads”, as amended by the maps listed in Part 4 of Schedule 6.
display home
a dwelling used for display purposes to encourage people to buy or construct similar dwellings.
dwelling
a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
dwelling house
a building containing one but not more than one dwelling.
earthworks
the addition or removal of any solid material on, to or from land, or any other work which will substantially alter the existing ground level or character of the surface of land.
educational establishment
a building or place used for a primary or secondary school, a museum, gallery, or a tertiary education institution (being a university, a TAFE establishment or other specialist college providing formal education beyond secondary education and which is constituted by or under an Act).
It includes:
(a)  ancillary residential accommodation and facilities for students or staff, and
(b)  the community use or development for community use of the facilities or site of the establishment, whether for gain or not.
It does not include an institution or a child care centre.
emergency service facilities
facilities for air-sea rescue, surf life saving, bushfire control, ambulances or the like.
environmental facility
a structure or work which provides for:
(a)  nature study or display facilities such as walking, board walks, observation decks, bird hides or the like, or
(b)  environmental management and restoration facilities such as bush restoration, swamp restoration, erosion and run off prevention works, dune restoration or the like.
extractive industry
means:
(a)  the winning of extractive material, or
(b)  an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on,
but does not include earthworks or works for drainage and landfill or maintenance dredging.
extractive material
sand, silt, gravel, clay, turf, soil, rock, stone or similar substances.
finished ground level, in relation to land
means the following (and, if more than one of the following paragraphs applies in relation to the land, whichever is the highest):
(a)  the natural ground level of the land that was the level of the land at the appointed day, or the level of the land after such earthworks (excluding any basement excavations) as are consented to by the consent authority, whichever is the lower,
(b)  the level of the land approved by the consent authority as the finished ground level of the land prior to the commencement of Tweed Local Environmental Plan 2000 (Amendment No 46),
(c)  if the land is within an area identified by the Council as flood liable land, the level of the land after filling the land in accordance with the consent of the consent authority to the adopted design flood level under Tweed Development Control Plan No 5—Development of Flood Liable Land, as adopted by the Council on 6 March 1996.
floor space ratio
the ratio of the total gross floor area of all buildings on a site to the area of the site.
forestry
includes arboriculture, sylviculture, forest protection, the cutting, dressing and preparation, other than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.
general store
a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.
generating works
land used for the purpose of making or generating gas, electricity or other forms of energy.
gross floor area
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 access thereto,
(d)  space for the loading and unloading of goods.
HC
Heritage Council of New South Wales.
health care professional
a person who provides professional health services to members of the public, and includes:
(a)  a podiatrist registered under the Podiatrists Act 1989, and
(b)  a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991, and
(c)  an optometrist registered under the Optometrists Act 1930.
height, in relation to a building
the greatest distance measured vertically from any point on the building to the finished ground level immediately below that point.
Height of Buildings map
the series of maps marked “Tweed Local Environmental Plan 2000—Height of Buildings”, as amended by the maps listed in Part 3 of Schedule 6.
helipad
land not open to public use which is set apart for the taking off and landing of helicopters.
heliport
land open to public use which is used by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
heritage conservation area
land shown on the zone map as a heritage conservation area and includes buildings, works, relics, trees and places situated on or within that land.
heritage item
a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 2.
heritage significance
historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
home business
an activity, business or occupation carried on in a dwelling house, or in an ancillary building on the same lot as a dwelling house, by one or more of the permanent residents of the dwelling house, where:
(a)  not more than two other non-resident persons are engaged in the activity, business or occupation on the site or use the site as a base (other than electronically), and
(b)  it does not occupy more than 80 square metres of floor space, and
(c)  it does not interfere with the amenity of the neighbourhood by reason of:
(i)  excessive vehicular traffic generation or reduction in parking availability in the vicinity of the site, or
(ii)  the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and
(d)  no articles are displayed on, or sold or offered for sale by retail from, the land, and
(e)  the only sign, advertisement or notice on the land is one on the dwelling house to indicate the name and the activity, business, or occupation of the resident, and
(f)  it does not involve a change in the appearance of the dwelling house or land on which it is erected that is out of character with that of the surrounding area.
It does not include a brothel, child care centre or professional consulting rooms.
home industry
an industry carried on in a building other than a dwelling under the following circumstances:
(a)  the building does not occupy a floor space exceeding 50 square metres and is erected within the curtilage of the dwelling occupied by the person carrying on the industry or on adjoining land owned by that person, and
(b)  the industry does not:
(i)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit or oil, or otherwise, or
(ii)  involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii)  require the provision of any essential service main of a greater capacity than that available in the locality.
home occupation
an occupation carried on in a dwelling by the permanent residents of the dwelling which does not involve:
(a)  the registration of the building under the Factories, Shops and Industries Act 1962, or
(b)  the employment of persons other than those residents, or
(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit or oil or otherwise, or
(d)  the display of goods, whether in a window or otherwise, or
(e)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name and occupation of the resident), or
(f)  the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.
hospital
a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes:
(a)  ancillary facilities for the accommodation of nurses or other health care workers, and
(b)  ancillary shops or refreshment rooms, and
(c)  ancillary accommodation for persons receiving health care or for their visitors, and
(d)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
hotel
premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.
housing for older people or people with disabilities
residential accommodation which is used permanently as housing for the accommodation of older people or people with a disability which may consist of a residential care facility, a hostel or a grouping of 2 or more self-contained dwellings, or a combination of these, but does not include a hospital.
industry
means:
(a)  any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or
(b)  the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,
but does not include an extractive industry.
institution
a penal or reformative establishment.
integrated housing
includes:
(a)  the subdivision of land into 3 or more allotments, and
(b)  the erection of a dwelling on each of the allotments to be created by that subdivision provided that the erection of the dwelling occurs prior to the issue of a subdivision certificate except where a strata management statement, or restriction as to user, prohibits any dwelling on each lot other than the dwelling approved by an integrated housing consent.
junkyard
land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.
light industry
an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
liquid fuel depot
land used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
manufactured home
a self-contained dwelling (that is, a dwelling that contains at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:
(a)  that comprises one or more major sections that are each constructed, and assembled, away from the manufactured home estate on which it is situated and transported to the estate for installation on the estate, and
(b)  that is not capable of being registered under the Road Transport (Vehicle Registration) Act 1997,
and includes any associated structures that form part of the dwelling.
manufactured home estate
land on which manufactured homes are, or are to be, erected.
marina
a pontoon, jetty, pier or similar structure, designed or adapted to provide moorings primarily for boats used for pleasure or recreation, and includes ancillary works such as a slipway and facilities for the provision of fuel, accessories and parts for boats.
market
a temporary outlet for the sale of local crafts and goods, a large proportion of which are not available through normal commercial outlets:
(a)  which operates on one day of a week only, and
(b)  which does not require the erection of permanent structures.
mine
(a)  any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef whereon, wherein or whereby any operation is carried on, for or in connection with the purpose of obtaining any metal or mineral by any mode or method, and
(b)  any place on which any product so obtained is stacked, stored, crushed or otherwise treated,
but does not include a quarry.
mineral sand mine
a mine used for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.
minor boundary adjustment
means a subdivision of adjoining lots to create new lots none of which is significantly different in area, shape or dimensions from the corresponding former lot.
motel
a building or buildings (other than a hotel, boarding-house or dwelling used to provide bed and breakfast) substantially used for the overnight accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
motor showroom
land used for the display or sale of motor cycles, motor vehicles, agricultural machinery or caravans, whether or not motor vehicle accessories, agricultural machinery accessories or caravan accessories are sold or displayed therein or thereon.
moveable dwelling
includes:
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home.
multi-dwelling housing
more than one dwelling on an allotment, but does not include a rural worker’s dwelling.
noxious weed control
the suppression or destruction of noxious weed material as authorised under the Noxious Weeds Act 1993 and the incidental and unavoidable destruction or removal of plants lying adjacent to noxious weed material that are to be suppressed or destroyed.
NTA
National Trust of Australia (New South Wales).
offensive or hazardous industry
an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
outdoor eating area
an area of public land used for seating in association with an adjacent restaurant, whether or not it is covered or separated from the rest of the public land.
place of assembly
a public hall, theatre, music hall, concert hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.
place of public worship
a church, chapel or other place of public worship or religious instruction or a place used for the purpose of religious training.
potential archaeological site
a site identified as such in Schedule 2 and includes a site known to the consent authority to have archaeological potential even if it is not so identified.
professional consulting rooms
a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling house and used by not more than three legally qualified medical practitioners or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practise therein the profession of medicine, dentistry or health care, respectively, and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
public building
a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.
public utility undertaking
any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
(c)  undertakings for the provision of telecommunications infrastructure.
A reference to a person carrying on a public utility undertaking is to be construed as including a reference to a council, county council, Government Department, corporation, licensed telecommunications carrier, firm or authority carrying on the undertaking.
real estate sign
an advertisement that contains only a notice that the place or premises to which it is fixed is or are for sale or letting (together with particulars of the sale or letting), and that is not displayed for more than 14 days after the letting or completion of the sale.
recreation area
means:
(a)  a children’s playground, or
(b)  an area used for sporting activities or sporting facilities, or
(c)  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes.
It does not include a racecourse or a showground.
recreation establishment
health farms, religious retreat houses, rest homes, youth camps and the like, but does not include a building or place elsewhere specifically defined in this Schedule or a building or place used or intended for use for a land use elsewhere specifically defined in this Schedule.
recreation facility
land used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.
recreation vehicle area
has the meaning ascribed to it in the Recreation Vehicles Act 1983.
recreational beach activities
activities on public land which are ancillary to the recreational use of a beach, such as the sale of refreshments or the hire of umbrellas, chairs, mats or lockers, but not including the following:
(a)  activities that make use of any structure that is not dismantled at the end of each day’s use,
(b)  the use or hire of motorised vehicles or equipment,
(c)  activities that have the potential to degrade the coastal environment,
(d)  activities that have the potential to have negative impact on the well-being and amenity of beach users,
(e)  activities that are located within the frontal dune system or the vegetated dunal areas,
(f)  activities that require access into the frontal dune system or vegetated dunal areas otherwise than by approved access points as contained in the Council’s Dune Management Plan (as in force immediately before the commencement of Tweed Local Environmental Plan 2000 (Amendment No 18)).
refreshment room
a restaurant, cafe, tea room, eating house or the like.
relic
means:
(a)  any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the area of Tweed, not being Aboriginal habitation, which is more than 50 years old, or
(b)  any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the area of Tweed whether before or after its occupation by persons of European extraction.
remediation
means:
(a)  removing the cause of the contamination of any land, or
(b)  dispersing, destroying, reducing, mitigating or containing the contamination of any land, or
(c)  eliminating or reducing any hazard arising from the contamination of any land (including preventing the entry of persons or animals onto the land).
respite care centre
land used for the provision of respite care for aged persons or people who are physically, mentally, or socially disadvantaged.
restricted premises
premises (other than a newsagency or pharmacy) where:
(a)  publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or
(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted.
retail plant nursery
land used for both the growing and retail selling of plants, whether or not ancillary products are sold therein.
reticulated sewerage system
a network of pipes which collects sewage from individual premises and conveys it to a point of treatment and disposal.
road
a road within the meaning of the Roads Act 1993.
road transport terminal
land used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
roadside stall
a building or place not exceeding 20m2 in floor space or area, respectively, where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
RTA
Roads and Traffic Authority.
rural industry
handling, treating, processing or packing of primary products in the locality and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.
rural tourist facility
an establishment which is designed, located and operated to principally provide educational, recreational or leisure facilities or activities related to:
(a)  farming or the processing of farm products, or
(b)  appreciation of the natural environment.
It may also provide associated tourist accommodation, refreshment rooms, or exhibition or function centre facilities, if they are commensurate in scale to the principal facilities or activities.
rural worker’s dwelling
a dwelling which is on land on which there is already erected a dwelling or dwellings and which is occupied by persons engaged in rural occupation on that land.
sawmill
a mill handling, cutting and processing timber from logs or baulks.
service station
building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products, whether or not the building or place is also used for any one or more of the following purposes:
(a)  the sale by retail of spare parts and accessories for motor vehicles,
(b)  washing and greasing of motor vehicles,
(c)  installation of accessories,
(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, spray painting, or suspension, transmission or chassis restoration),
(e)  a general store.
shop
land used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Schedule or used for a land use elsewhere specifically defined in this Schedule.
site area
the area of land to which an application for consent under the Act relates, excluding any land on which the development to which the application relates is not permitted by or under this plan.
stock and sale yard
land used for the purpose of offering animals for sale and includes a public cattle market.
storage unit
land used for the storage of goods, merchandise or materials, whether or not they are distributed to persons engaged in the retail trade.
storey
means:
(a)  the space between two floors, or
(b)  the space between a floor and any ceiling or roof immediately above it, or
(c)  foundation areas, garages, workshops, storerooms and the like, excluding access paths to basement areas, where the height between the finished ground level and the top of the floor immediately above them exceeds 1.5 metres in height.
A storey which exceeds 4.5 metres for residential buildings is counted as two storeys.
A storey which exceeds 5 metres for commercial buildings is counted as two storeys.
For the purpose of counting the number of storeys in a building, the number is to be the maximum number of storeys of the building which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
telecommunications infrastructure
a “facility”, “telecommunications transmission tower” or “tower” as defined in the Telecommunications Code of Practice 1997 of the Commonwealth, but does not include a “low impact facility” as also defined in the Code.
temporary sign
an advertisement of a temporary nature that:
(a)  announces any local level event of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and
(b)  does not include advertising of a commercial nature except for the name of the event’s sponsor.
Temporary signs may consist of advertisements in the form of banners, bunting, posters, inflatable structures and similar things.
the Act
the Council
Tweed Shire Council.
tourist accommodation
a building principally used for the accommodation of tourists but does not include a building elsewhere specifically defined in this Schedule.
tourist facilities
an establishment principally used for the recreation or enjoyment of tourists and may include an amusement park, boat shed, boating facility, cruise craft dock, tavern, marina, playground, refreshment room, shop, theme park, water sport facilities or the like or a club used in conjunction with any such activities.
tourist resort
a largely self-contained holiday destination establishment which provides:
(a)  tourist accommodation, and
(b)  on-site facilities to satisfy all, or substantially all, of the recreational, entertainment, dining and other holiday needs of its resident tourists.
transport terminal
land used as an airline terminal, a road transport terminal, a bus station or a bus depot.
unzoned land
land to which this plan applies that is shown uncoloured on the zone map.
urban stormwater water quality management facility
a detention basin, artificial wetland or similar large facility constructed to manage the water quality of urban stormwater.
utility installation
a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom. It may include generating works and gasholders.
warehouse
land used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.
waterbed
means:
(a)  a lake or lagoon either naturally formed or artificially modified, or
(b)  a watercourse, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the water flow, or which has a defined bed and banks, or
(c)  tidal waters (other than the ocean) including any bay, estuary or inlet, or
(d)  a constructed waterway, canal, inlet, bay, channel or lake which connects to a waterbed specified in paragraph (a), (b) or (c),
but does not include an agricultural drain or a dry detention basin or other construction that is only intended to hold water intermittently.
wetland
land inundated with temporary or permanent water that is usually slow moving or stationary or shallow and either fresh, brackish or saline, and where the inundation determines the type and productivity of soils and the plant and animal communities.
works for drainage and landfill
the removal of extractive material from land for the principal purpose of providing a method of stormwater drainage and the subsequent filling or spoiling of the extractive material on an allotment.
zone map
the series of maps marked “Tweed Local Environmental Plan 2000”, as amended by the maps (or sheets of maps) listed in Part 2 of Schedule 6.
Editorial note—
For amendments to the legend on the zone map see Gazette No 105 of 18.8.2000, p 7856, paragraph 6.
sch 1: Am 14.2.2003; 15.10.2004; 26.11.2004; 7.1.2005.
Schedule 2 Heritage items
(Clause 41, Part 8, Schedule 1)
Locality
Street & No
Property description
Item
Significance Level
Listed by
Burringbar
Broadway Street 61–63
Lot 11, DP 571794
Saint Michael’s Roman Catholic Church
Local
 
   
Burringbar Railway Station
Regional
 
Chindera
Chindera Road
Lot 493, DP 720407, Lot 49, DP 841783
Chindera Cemetery
State
 
Dulguigan
Dulguigan Road
Lot 6, DP 578144
Grave site and headstone of Mr Paddy Smith
Local
 
Dum Dum
Kyogle Road
973
Lot 3, DP 611094
Dum Dum Homestead
Local
 
Dunbible
 
Near Stokers Road rail crossing
Dunbible Creek Railway Bridge
Regional
 
Fingal Head
Lighthouse Road
Lot 1, DP 847751
Fingal Head Lighthouse
Local
AHC
Kynnumboon
Numinbah Road
Pt. Lot 7, DP 817563
“Lisnagar” House and Dairy
Local
AHC, NTA
Midginbil
Midginbil Road
321
Lot 74, DP 755710
Bag End Wildlife Refuge
Local
 
Mooball
Wabba Road
Pt. Lot 1 & Lot 2, DP 873618
Hoskin Wildlife Refuge
Local
 
Murwillumbah
Eyles Avenue
4
Lots 5 & 6, Sec 28, DP 8950
“Goldsborough”
Local
 
 
Murwillumbah Street
1–3
Lot 1, DP 772892
B.G.F. Building
Local
AHC, NTA
 
Murwillumbah Street
38
Lot 1, DP 772600
National Australia Banking Chambers
Local
NTA
 
Murwillumbah Street
61–83
Lot 4, Sec 1, DP 758739
Murwillumbah Police Station and Courthouse Group (including all trees and spaces between and in front of buildings)
Regional
AHC, NTA
 
Murwillumbah Street
143
Lot 2, DP 225827
Roman Catholic Presbytery
Local
 
 
Queen Street
21
Lot A, DP 395020
Former Salvation Army Building
Regional
 
 
Queensland Road
2
Lot 1, Sec 30, DP 75839
Former Tweed Shire Council Chambers
Regional
 
 
Riverview Street
Lot 6, DP 820602A
Block A—Murwillumbah High School
State
 
 
Wollumbin Street
1
Lot 1, DP 772596
“Austral” Building
Regional
 
Terragon
Palmers Road
Lot 67, DP 755754
Wollumbin Wildlife Refuge
Local
 
Tweed area
  
Osprey nests as mapped from time to time by the National Parks and Wildlife Service and notified to the Council
Local
 
Uki
Kyogle Road
1468
Lot 6, DP 8107
The Old Bank
Regional
 
 
Kyogle Road
1473
Lot 116, DP 755730
Holy Trinity Church
Regional
 
Wooyung
Old Coast Road
Lot 1, DP 779830
Natural area north of Brunswick Heads (Ocean Shores)
Local
 
sch 2: Am 18.8.2000.
Schedule 3 Development of specific sites
(Clause 53)
Additional development permitted with development consent
Conditions
Lot 719, DP 820030, Dry Dock Road, Tweed Heads South
Development for the purpose of a place of public worship.
The building and associated car parking must be a minimum of 15 metres from the eastern boundary.
Lot 6, DP 10297, Kennedy Drive, Tweed Heads West
Development for the purpose of a car wash facility.
Vehicular access to and from Kennedy Drive must only be via a right-of-way to be provided adjacent site to the east, being Lots 1 and 2, DP 10297.
Lot 3, DP 830660 and the adjoining part of Phillip Street, Chinderah.
Development for the purpose of a “highway service centre” being an integrated development which has direct access to a controlled access road or motorway, and contains service station facilities with separate car and truck refuelling bays, a convenience shop within the service station, having a floor area of not more than 240 square metres, from which food, drinks and other convenience goods are sold, or offered for sale, to the travelling public, refreshment room facilities, including sit-down, takeaway and drive-through fast food outlets, adequate short-term parking facilities for cars, buses and trucks, toilet and washroom facilities, rest areas and playgrounds, advertising structures, and limited emergency repair facilities, with such facilities serving the needs of highway motorists and commercial users, and fuel and fast food made available 24 hours, 7 days per week.
(1)  Consent must not be granted unless the consent authority is satisfied that:
(a)  it has considered the practicality of requiring an integrated effluent disposal system for the land, and
(b)  the measures and systems to treat on-site and dispose of waste water meet the guidelines of the Department of Health and the Environment Protection Authority, including long-term arrangements for monitoring and maintenance of such systems, and
(c)  suitable arrangements can be made to upgrade local roads that will be used as a result of the development.
Lot 9, DP 786563, Mt Warning Road, Mt Warning
Development for rural residential purposes of not more than 25 allotments (under the Community Land Development Act 1989) for dwelling houses.
(2)  Consent must not be granted unless the consent authority has considered:
(a)  a plan of management for the rehabilitation of the land, which includes measures for native flora regeneration, habitat rehabilitation of the land, reasonable public access to parts of the land and mitigation of any adverse impact of development, and
(b)  a report prepared in accordance with the requirements for a species impact statement (set out in Division 2 of Part 6 of the Threatened Species Conservation Act 1995) that has been prepared by a person considered by the consent authority to be suitably qualified, that addresses the impact of the proposed development on the environment of threatened species (particularly endangered species) and that has been exhibited for public comment.
  
(3)  An application for consent made pursuant to this item must not be granted unless the application:
(a)  is made within 2 years after the commencement of Tweed Local Environmental Plan 1987 (Amendment No 58), and
(b)  relates to development of all the land to which this item applies.
Lot 2, DP 972662, Lot 1, DP 562104, Walsh Street, Lot 22, DP 585033, Lot 12, DP 830660, Phillip Street, Lot 10, DP 830660, Ocean Drive, Chinderah
Development for the purpose of dwelling houses
Must comply with the requirements of Tweed Development Control Plan No 5—Development of Flood Liable Land as in force when the consent is granted.
Lot 2, DP 735226, Racecourse Road, Tygalgah
Development for the purpose of a recreation facility
 
Lot 1, DP 727451 and Lot 6, DP 18244
Development for the purpose of commercial premises
 
Portions 194, 301 and 312, Kings Beach, South Kingscliff
Development for the purpose of dwelling houses and a hotel, motel or tourist resort (or any combination of them)
(1)  An application made pursuant to this item must not be granted unless the consent authority is satisfied that the development, whether or not to be carried out in stages, will include a hotel, motel or tourist resort as the primary development and the number of units/rooms in that hotel, motel or tourist resort will at all times exceed the number of dwellings or dwelling houses included in the completed development.
(2)  If a subdivision is proposed to create an allotment for a dwelling house as part of the proposed development then such allotment must have a minimum area of 450m2.
Lot 353, DP 755740, Fingal
Development creating 33m2 of refreshment room floor area within the existing general store, bottle shop, takeaway, snacks, storeroom and toilet
Consent must not be granted unless:
(a)  the development application has been exhibited for public comment, and
(b)  the consent authority is satisfied there is adequate on site car parking, and
(c)  the application is made within 2 years after the commencement of the appointed day.
Part Lot 9, DP 786563, shown stippled on the zone map
Development for the purpose of a camping ground and place of assembly
Any place of assembly must be ancillary to the camping ground.
Lot B, Section 5, DP 174482, Nullum Street, Murwillumbah
Development for the purpose of commercial premises, being office accommodation.
 
Lots 4 and 6, DP 844549, Lot 6, DP 853589 and Lot 3, DP 811390, Scenic Drive, Bilambil Heights
Subdivision of the land into two allotments and the erection of a dwelling house on one of the allotments.
One allotment, having an approximate area of 18.82 hectares, is to be situated on the eastern side of Scenic Drive and is the allotment on which the new dwelling house is to be erected.
The other allotment, having an approximate area of 5.273 hectares, is to be situated on the western side of Scenic Drive.
The existing dwelling on Lot 6, DP 844549 must be demolished prior to the occupation of the new dwelling house.
Lot 1, DP 1009372, Skyline Drive, Tweed Heads West
Development for the purpose of a dwelling house
An application for consent made pursuant to this item must not be granted unless the application is made within 2 years after the commencement of Tweed Local Environmental Plan 2000 (Amendment No 43)
Lot 12, DP 838447, No 1497–1501 Kyogle Road, Uki
Development for the purpose of a single-storey dwelling house on the southeastern portion of the land, which is zoned Rural 1 (a) and which has an approximate site area of 7.03 hectares and lies south of Kyogle Road.
(1)  The subject land is to be used for a single dwelling only, to be approved by the Council.
(2)  Development of the subject land shall not be permitted to adversely impact upon the agricultural potential of neighbouring land.
That part of Lot 65, DP 855462, Pottsville that is within Zone No 7 (l) Environmental Protection (Habitat)
Development for the purposes of sports fields.
Maximum area of 4 hectares. (excluding water quality control ponds or drains.)
The sports fields must be located as close as possible to the residential land on the eastern portion of the site, the western side of the dunal ridge and the southern boundary of the land.
sch 3: Am 18.8.2000; 3.5.2002; 14.3.2003; 12.9.2003; 31.10.2003; 27.2.2004.
Schedule 4 Classification or reclassification of public land
(Clause 55)
Part 1 Community land
Part 2 Operational land—interests not changed
Banora Point
 
Avondale Drive
Lot 633, DP 869542, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Darlington Drive
Lot 1, DP 623932, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Donegal Court
Lot 757, DP 850786, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Fraser Drive
Lots 2 and 3, DP 591548, Lot 482, DP 591546, Lot 2, DP 591547, Lot 14, DP 746154 and Lot 15, DP 846287, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Greenway Drive
Lot 128, DP 817783, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Bogangar
 
Hastings Road
Lot 2, DP 831562, as shown cross-hatched and edged heavy black on Sheet 3 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Rosewood Avenue
Lot 3, DP 842350, as shown cross-hatched and edged heavy black on the map marked “Tweed Local Environmental Plan 2000 (Amendment No 51)”.
Bray Park
 
Elouera Terrace
Lot 93, DP 621415, as shown cross-hatched and edged heavy black on Sheet 4 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Byrrill Creek
 
Byrrill Creek Road
Lot C, DP 381297, as shown cross-hatched and edged heavy black on Sheet 5 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Kingscliff
 
Faulks Street
Lot 113, DP 240966 and Lot 115, DP 241663, as shown cross-hatched and edged heavy black on Sheet 3 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Murwillumbah
 
Alma Street
Lots 2 and 3, DP 779815, as shown cross-hatched and edged heavy black on Sheet 4 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Church Street
Part of Lot 1, DP 863851, as shown cross-hatched and edged heavy black on Sheet 4 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Hartigan Street
Lot 1, Section 32, DP 9506, as shown cross-hatched and edged heavy black on Sheet 4 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
York Street
Lot 45, DP 24583, as shown cross-hatched and edged heavy black on Sheet 4 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Pottsville
 
Coast Road
Lot 1, DP 589881, as shown cross-hatched and edged heavy black on Sheet 3 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Terranora
 
Eliza Fraser Court
Lots 320, 326, 349 and 350, DP 860725, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Tweed Heads South
 
Chardonnay Crescent
Lot 126, DP 836272, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Dry Dock Road
Lot 401, DP 755740, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Vintage Lakes Drive
Lot 708, DP 841011, as shown cross-hatched and edged heavy black on Sheet 1 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Tweed Heads West
 
Blue Water Crescent
Lot 109, DP 238224, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Jacaranda Avenue
Lot 365, DP 30960 and Lot 488, DP 30961, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Kiata Parade
Lot 87, DP 866281, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Piggabeen Road
Lot 1, DP 622561 and Lot 4, DP 837715, as shown cross-hatched and edged heavy black on Sheet 2 of the map marked “Tweed Local Environmental Plan 2000 (Amendment No 6)”.
Part 3 Operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Trust etc not discharged
   
sch 4: Subst 11.10.2002. Am 11.3.2005.
Schedule 5 Savings
(Clauses 13 (2) and 58)
1  The carrying out by persons carrying on the railway undertakings on land comprised in their undertakings of:
(a)  any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and
(b)  the erection within the limits of a railway station of buildings for any purpose,
but excluding:
(c)  the construction of new railways, railway stations and bridges over roads,
(d)  the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration so as materially to affect the design thereof of railway stations or bridges,
(e)  the formation or alteration of any means of access to a road, and
(f)  the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place.
2  The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings, that is to say:
(a)  development of any description at or below the surface of the ground,
(b)  the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation,
(c)  the installation or erection of any plant or other structures or erections by way of addition to or replacement or extension of plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housings of stone, concrete or brickworks,
(d)  the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity,
(e)  the erection of service reservoirs on land acquired or in process of being acquired for the purposes thereof before the appointed day, provided reasonable notice of the proposed erection is given to the Council, or
(f)  any other development except:
(i)  the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration, so as materially to affect the design or external appearance thereof, of buildings, or
(ii)  the formation or alteration of any means of access to a road.
3  The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
4  The carrying out by persons carrying on public utility undertakings, being wharf or river undertakings, on land comprised in their undertakings, of any development required for the purposes of shipping or in connection with the embarking, loading, discharging or transport of passengers, livestock or goods at a wharf or the movement of traffic by a railway forming part of the undertaking, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, works and plant for those purposes, except:
(a)  the construction of bridges, the erection of any other buildings, and the reconstruction or alteration of bridges or of buildings so as materially to affect the design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
5  The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
6  The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by road, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
7  The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purposes of a mine, except:
(a)  the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect the design or external appearance thereof, or
(b)  the formation or alteration of any means of access to a road.
8  The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road.
9  The carrying out of any forestry work by the Forestry Commission, a School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing of timber, and other forestry purposes under such Acts or on any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916.
10  The carrying out by a Rural Lands Protection Board of any development required for the improvement and maintenance of travelling stock and water reserves, except:
(a)  the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or purposes thereof,
(b)  any development designed to change the use or purpose of any such reserve.
11  The carrying out or causing to be carried out by a council engaged in flood mitigation works or by the Department of Land and Water Conservation of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Irrigation Act 1912, the Farm Water Supplies Act 1946 or the Rivers and Foreshores Improvement Act 1948, except:
(a)  the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof,
(b)  the formation or alteration of any means of access to a road.
Schedule 6 Maps and Zones
(Clause 7 (3), Schedule 1)
Part 1 Zones
Zone
Shown on the zone map as
1 (a) Rural
light yellow and lettered “1 (a)”.
1 (b) Agricultural Protection
light yellow, edged red and lettered “1 (b1)” or “1 (b2)”.
1 (c) Rural Living
light yellow, edged red and lettered “1 (c)”.
2 (a) Low Density Residential
scarlet and lettered “2 (a)”.
2 (b) Medium Density Residential
scarlet, edged red and lettered “2 (b)”.
2 (c) Urban Expansion
scarlet, edged red and lettered “2 (c)”.
2 (d) Village
scarlet, edged red and lettered “2 (d)”.
2 (e) Residential Tourist
scarlet, edged red and lettered “2 (e)”.
2 (f) Tourism
scarlet, edged red and lettered “2 (f)”.
3 (a) Sub-regional Business
light blue and lettered “3 (a)”.
3 (b) General Business
light blue, edged red and lettered “3 (b)”.
3 (c) Commerce and Trade
light blue, edged red and lettered “3 (c)”.
3 (d) Waterfront Enterprise
light blue, edged red and lettered “3 (d)”.
3 (e) Special Tourist (Jack Evans Boatharbour)
light blue, edged red and lettered “3 (e)”.
4 (a) Industrial
light purple and lettered “4 (a)”.
5 (a) Special Uses
yellow, edged red and lettered “5 (a)” followed by the particular purpose.
6 (a) Open Space
medium green and lettered “6 (a)”.
6 (b) Recreation
light green, edged red and lettered “6 (b)”.
7 (a) Environmental Protection (Wetlands and Littoral Rainforests)
orange and lettered “7 (a)”.
7 (d) Environmental Protection (Scenic/Escarpment)
orange, edged red and lettered “7 (d)”.
7 (f) Environmental Protection (Coastal Lands)
orange, edged red and lettered “7 (f)”.
7 (l) Environmental Protection (Habitat)
orange, edged red and lettered “7 (l)”.
8 (a) National Parks and Nature Reserves
white with horizontal black lines, broad green border and lettered “8 (a)”.
Part 2 Zone Map Amendments
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.
Tweed Local Environmental Plan 2000 (Amendment No 2)
Tweed Local Environmental Plan 2000 (Amendment No 4)
Tweed Local Environmental Plan 2000 (Amendment No 5)
Tweed Local Environmental Plan 2000 (Amendment No 8)
Tweed Local Environmental Plan 2000 (Amendment No 12)
Tweed Local Environmental Plan (Amendment No 14)
Tweed Local Environmental Plan 2000 (Amendment No 15)
Tweed Local Environmental Plan 2000 (Amendment No 16)
Tweed Local Environmental Plan 2000 (Amendment No 17)
Tweed Local Environmental Plan 2000 (Amendment No 24)
Tweed Local Environmental Plan 2000 (Amendment No 25)
Tweed Local Environmental Plan 2000 (Amendment No 31)
Tweed Local Environmental Plan 2000 (Amendment No 33)
Tweed Local Environmental Plan 2000 (Amendment No 34)—Sheet 1
Tweed Local Environmental Plan 2000 (Amendment No 39)
Tweed Local Environmental Plan 2000 (Amendment No 40)
Tweed Local Environmental Plan 2000 (Amendment No 44)
Tweed Local Environmental Plan 2000 (Amendment No 48)
Tweed Local Environmental Plan 2000 (Amendment No 53)
Part 3 Height of Buildings Map Amendments
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.
Tweed Local Environmental Plan 2000 (Amendment No 34)—Height of Buildings
Part 4 Designated Roads Map Amendments
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.
Part 5 Business Centres Map Amendments
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.
sch 6: Am 17.11.2000; 20.4.2001; 18.5.2001; 28.9.2001; 12.7.2002; 18.10.2002; 29.11.2002; 14.3.2003; 6.6.2003; 17.10.2003; 31.10.2003; 21.11.2003; 28.11.2003; 27.2.2004; 11.6.2004; 6.8.2004; 15.10.2004; 26.11.2004.
Schedule 7 Major drains
(Clause 35)
Schedule 8 Commercial streets
(Clause 51B)
Locality
Street name
Bilambil Heights
Simpson Drive
Bogangar
Hastings Road
 
Rosewood Avenue
 
Tweed Coast Road
Cabarita Beach
Palm Avenue
 
Pandanus Parade
Fingal Head
Marine Parade
 
Prince Street
Kingscliff
Marine Parade
 
Pearl Street
 
Seaview Street
 
Sutherland Street
 
Turnock Street
Murwillumbah
Brisbane Street
 
Commercial Road
 
King Street
 
Murwillumbah Street
 
Queen Street
 
Queensland Road
 
Wharf Street
 
Wollumbin Street
Pottsville
Coronation Avenue
 
Elisabeth Street
 
Overall Drive
 
Philip Street
Tweed Heads
Banks Avenue
 
Bay Street
 
Beryl Street
 
Boyd Street
 
Brett Street
 
Ducat Street
 
Enid Street
 
Florence Street
 
Frances Street
 
Keith Compton Drive
 
Recreation Street
 
Sands Street
 
Stuart Street
 
Terranora Terrace
 
Wharf Street
Tweed Heads/Tweed Heads West
Kennedy Drive
Tweed Heads South
Dry Dock Road
 
Kirkwood Road
 
Minjungbal Drive
Tweed Heads West
Gull Place
 
Scenic Drive
sch 8: Rep 15.10.2004. Ins 25.2.2005.